HomeMy WebLinkAboutPR 19328: AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT , PORT ARTHUR AND ACTION CIVIL ENGINEERS, PLLC Citv of 044
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Interim Public Works Director
Date: March 9, 2016
RE: Proposed Resolution No. 19328
RECOMMENDATION
It is recommended that the City Council approve Proposed Resolution No. 19328 executing an
amendment to the professional service contract with Action Civil Engineers, PLLC of Port Arthur, Texas
from March 3, 2016 to September 2, 2016, to provide design services for 4th Street from Stadium Road to
Duff Drive for no additional cost.
BACKGROUND
In Resolution 15-372, the City of Port Arthur entered into a contract with Action Civil Engineers, PLLC
from November 3, 2015 through March 2, 2016. A contract amendment is necessary to continue the
performance of engineering services. I recommend that the City Council approve Proposed Resolution No.
19328, authorizing a contract amendment with Action Civil Engineers, PLLC from March 3, 2016 to
November 2, 2016, to the professional services for the 4th Street Project from Stadium Road to Duff Drive
for no additional cost.
BUDGET/FISCAL EFFECT
Funding available in account no. 001-1203-531.86-01, CDBG Streets Program
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. 19328 executing an
amendment to the professional service contract with Action Civil Engineers, PLLC of Port Arthur, Texas
from March 3, 2016 to September 2, 2016, to provide design services for 4th Street from Stadium Road to
Duff Drive for no additional cost.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19328
3/4/16 rtb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND ACTION CIVIL
ENGINEERS, PLLC. OF PORT ARTHUR, TEXAS, FOR ENGINEERING
DESIGN SERVICES FOR THE 4TH STREET PROJECT FROM
STADIUM ROAD TO DUFF DRIVE FOR NO ADDITIONAL COST,
INCREASING THE TERM OF THE CONTRACT BY 244 DAYS, WITH
A NEW COMPLETION DATE TO NOVEMBER 2, 2016
WHEREAS, per Resolution 15-372 the City of Port Arthur entered into a contract
with Action Civil Engineers, PLLC. to provide professional design engineering services
for the 4th Street Project from Stadium Road to Duff Drive through the 40th Year
Community Development Block Grant (CDBG) Streets Program; and,
WHEREAS, the contract term was one hundred twenty days from November 3,
2015 to March 2, 2016; and,
WHEREAS, Action Civil Engineers, PLLC. has submitted a request to amend their
professional services contract for engineering design services for the 4th Street Project
(attached hereto as Exhibit "A"), adding 244 days, to a new total of 364 days, with a
new completion date of November 2, 2016 (a copy of the amended contract is attached
hereto as Exhibit "B").
WHEREAS, a contract amendment is needed to continue the engineering design
services for this project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
P.R. 19328
Page 2
THAT, the City Manager is hereby authorized to execute an amendment to the
contract with Action Civil Engineers, PLLC to provide professional design engineering
services for the 4th Street Project from Stadium Road to Duff Drive through the 40th
Year Community Development Block Grant (CDBG) Streets Program for no additional
cost, now, therefore;
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2016
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Deloris "Bobbie" Prince
Mayor
P.R. 19328
3/4/16 rtb
Attest: APPROVED AS TO AVAILABILITY OF
I 1/ 4/12
Sherri Bellard Ra etts T. Baahet", Sr.
City Secretary Interim Director of Public Works
APPROVED 'S TO FORM: i1.!%-;;_
1 / / /(A Clifton Williams, CPPB
�/ Acting Purchasing Director
Valecia izeno
City Attorney )144.0.-r", l'.,rPjp�/ice
Jerry Dale, CPA/GFOA if1/47/4
Interim Director of Finance
EXHIBIT A
�-`- ACTION CIVIL ENGINEERS, PLLC
•cnmm>e .
PLLC Firm Registration No. F-16376
March 5, 2016
Rawetts Baaheth Sr.
Interim Public Works Director
City of Port Arthur
P.O. Box 1089
Port Arthur, TX 77541
RE: Amendment Request—Engineers Contract
Purchase Order No.197696 [Vendor#12664]
4th St.-Stadium Rd. to Imhoff Ave. Project
ACE Job No.114-30P
Dear Mr. Baaheth:
I appreciate the time we spent Friday, March 4, 2016 reviewing the project referenced above, I
believe we are now ready to finalize the plans and specifications for construction. In keeping with
our discussion this letter is a formal request to amend the contract referenced above by extending
the engineering contract time to finalize the construction documents we discussed, and to extend
the contract time to coincide with the estimated time for completion of construction. There will be
no change in the contract price as a result of this amendment.
The formal extension of time will begin Thursday, March 3, 2016 and extend through Monday,
November 2, 2016 for a total of 244 calendar days. This time extension should be adequate to
bring us through completion of construction based on utilizing city of Port Arthur construction
equipment and staff to the greatest extent possible.
If you have any questions or need additional information please feel free to contact me.
Sincerely,
William V. Larrain, P.E.
Action Civil Engineers,PLLC
wlarrain@acecivilengineers.com
Phone 409-983-6263
8460 Central Mall Dr.Suite.1Page I1 Fax 409-983-6265
Port Arthur,Texas 77642 Email: ace@acecivilenaineers.com
Web site:www.dpengineersinc.com
EXHIBIT B
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
AMENDMENT
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
PART I - AGREEMENT
THIS AGREEMENT, entered into as of this day of ,
2016, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the
"CITY") acting herein by its Mayor, duly authorized by Resolution of the City Council of the
City of Port Arthur and Action Civil Engineers, PLLC (hereinafter called the"ENGINEER")
acting herein by William V. Larrain, P.E. Manager, hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical
and professional services hereafter described in"Scope of Services"or(2) perform certain
work hereafter described in "Scope of Services"; the Parties hereto do mutually agree as
follows:
1. EMPLOYMENT OF ENGINEER
The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees
to perform the "Scope of Services" hereinafter set forth. This contract shall be
performed in Jefferson County, County, Texas.
2. SCOPE OF SERVICES
Engineering services in connection with preparation of plans and specifications and
construction phase services, including all necessary design, surveying, testing and
resident project representation for the following described project(s), to wit:
The services rendered by ENGINEER for the Project to be designed for construction
are divided into three (3) distinct and sequential phases as follows:
1. Preliminary Phase — Preliminary studies, layouts, and cost estimates
2. Design Phase— Preparation of plans, specifications and contract documents
3. Construction Phase — CITY'S representative during bidding construction
Page 1
Certain elements of the engineering work are covered under the Basic Services;
others are performed as Additional Services. Those elements of the engineering
work which cannot be accurately predetermined, or controlled entirely by the
ENGINEER are performed as Additional Services.
The beginning of each phase of Basic Services or each Additional Service must be
authorized in writing by the CITY. These phases are expanded in the following
outline:
A. BASIC SERVICES
1. PRELIMINARY PHASE
(a) Provide Project Management services to direct, supervise and
coordinate the various items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Attend preliminary conference with the CITY and other interested
parties regarding the project in order to further define the work.
(c) Establish the scope of any soil and foundation investigations or any
special surveys and tests which, in the opinion of the ENGINEER, may
be required, and arrange for such work to be done, for the CITY'S
account.
(d) Prepare a preliminary engineering report on the project in sufficient
detail to indicate clearly the problems involved and the alternate
solutions available to the CITY, including preliminary layouts, and cost
estimates, and setting forth clearly the ENGINEER'S
recommendations. Number of copies of reports not to exceed ten
(10).
2. DESIGN PHASE
(a) Provide Project Management service to direct, supervise and
coordinate the various items of work within this Phase, including
review of the activities of subcontracted engineers.
(b) Establish the scope of any additional soil and foundation investigations
or any special surveys and tests which, in the opinion of the
ENGINEER may be required for design, and arrange for such work to
be done, for the CITY'S account.
(c) Furnish to the CITY, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents for
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government grants-in-aid, or for planning advances).
(d) Perform field surveys to collect information which in the opinion of the
ENGINEER is required for design, including photogrammetry, and
related office computations and drafting.
(e) Prepare detailed specifications, contract drawings and bidding
documents to be included in contract documents for construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized construction. The
ENGINEER shall use reasonable skill and care befitting the profession
in preparing cost estimates that will reflect current, local construction
costs.
(g) Furnish the CITY all necessary copies of approved Contract
Documents including notices to bidders and proposal forms, up to
twenty (20) sets.
3. CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and
coordinate the various items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Assist the CITY in the advertisements of the project for bids.
(c) Assist the CITY in the opening and tabulation of bids for construction
of the Project, and consult with the CITY as the proper action to be
taken, based on the engineering considerations involved.
(d) Assist in the preparation of formal Contract Documents.
(e) Provide routine horizontal and vertical controls for use by Contractor
to do his detailed construction staking.
(f) a.) Make periodic visits to the construction site (as distinguished from
the continuous services of a Resident Project Representative) as
intervals appropriate to the various stages of construction to observe
and to evaluate the progress and quality of work, and to determine in
general if the construction is proceeding in accordance with the
Contract Documents. ENGINEER will work closely with the Resident
Project Representative (when required by CITY) to insure that
complete, accurate construction records, reports and information are
being provided and that the quantities and quality of work done by
the Contractor are consistent with the Contract Documents.
b.) Provide services of a Resident Project Representative and other
field personnel as required by the City for on-the-site determination of
the quantities and quality of the work done by the Contractor, and to
provide construction records, reports and information to the
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ENGINEER or Project Engineer.
Duties, responsibilities and limitations of authority of Resident Project
Representative are more fully described in Exhibit "B".
(g) Arrange for construction testing as required by the Project, for the
CITY'S account.
(h) Consult and advise with the CITY, issue all instructions to the
Contractor requested by the CITY, and prepare and issue routine
change orders with CITY'S approval.
On matters requiring the CITY's involvement the ENGINEER shall
provide the CITY'S designated representative with all facts germane to
such matters along with a complete recommendation for the CITY to
consider. Upon the decision of the CITY, the ENGINEER shall be
notified of the CITY'S decision with instructions to inform the
Contractor. All matters of this nature shall be reduced to writing for
the record as soon as practical.
The ENGINEER shall have other duties in this regard that may be
included in the General Conditions of construction contract documents:
(i) Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of material and equipment and other data which
the Contractor submits. This review is for the benefit of the CITY and
covers only general conformance with the information given by the
Contract Documents. The Contractor is to review and stamp his
approval on submittals prior to submitting to ENGINEER, and review
by the ENGINEER does not relieve the Contractor of any responsibility
such as dimensions to be confirmed and correlated at the job site,
appropriate safety measures to protect workers and the public, or the
necessity to construct a complete and workable facility in accordance
with the Contract Documents.
(j) Obtain and reviews monthly the final estimates for payments to
Contractors, furnish to the CITY any recommended payments to
Contractors and assemble written guarantees which are required by
the Contract Documents.
(k) Conduct, in company with the CITY, a final inspection of the Project
for compliance with the Contract Documents, and submit
recommendations concerning Project status, as it may affect CITY'S
final payment to the Contractor.
Page 4
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
BASIC ENGINEERING SERVICES
Preliminary Phase Services: A.1.(a)-(d) $5,000
Design Phase Services: A.2.(a-c), (e-g) $30,000
Surveys for Design: A.2.(d) $12,000
Construction Phase Services: 3. (a)-(k) $10,000
On-site project representative, part-time "INSPECTION":
(When authorized by the city)
• Inspection: will be provided at a rate of $75 per hour
ADDITIONAL ENGINEERING SERVICES-ESTIMATED
The following additional services will be coordinated by the engineer and paid for
directly by the city to the provider.
Geotechnical/Laboratory Services: B. him him him (9)
Thickness Cores/plasticity index determination
Compaction Testing-Base Material
Compaction Testing Asphalt Surface (rolling patterns)
Concrete Strength Testing-Concrete for curb and gutter sections
• Basic Engineering Services' $57,000
Page 5
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the
Basic Services defined above, shall constitute Additional Services. Unless
included in said Basic Services, Additional Services may include but are not
limited to the following:
(1) Studies, tests, and process determination to establish basis of design for
water and waste treatment facilities.
(2) Land surveys, and establishment of boundaries and monuments, and related
office computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments(estimated construction cost less than $100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third
parties, arising from the development or construction of the Project, including
preparation of engineering data and reports.
(8) Special investigations involving detailed consideration of operation,
maintenance and overhead expenses; preparation of rate schedules; earnings
and expense statements; special feasibility studies; appraisals; evaluations;
and material audits or inventories required for certification of force account
construction performed by the CITY.
(9) Special soil and foundation investigations, including field and laboratory tests,
borings, related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY
to points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty (20) sets.
(13) Preparation of applications and supporting documents for government grants
or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing
for, and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and
related land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the
CITY, redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information
furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
Page 6
damaged by fire or other cause during construction, defective or neglected
work of contractor; services rendered after prolongation of construction
contract time by more than 20% acceleration of work schedule involving
services beyond normal working hours; or default under construction contract
due to delinquency or insolvency.
(21) Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering
practice.
(22) Any other special or miscellaneous assignments specifically authorized by
CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance
of the services called for under the Basic Services with completion within 364 calendar
days after execution, unless delayed by causes outside the control of ENGINEER, and will
proceed with subsequent work only on authorization by CITY. ENGINEER shall immediately
submit to CITY in writing evidence of delay satisfactory to the City Engineer's reasonable
discretion, upon which an extension of time equal to the period of actual delay shall be
granted in writing.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the CITY will furnish, without charge, for the use of the Contract
information, data, reports, records, and maps as are existing, available, and necessary for
the carrying out of the work of the ENGINEER as outlined under"Scope of Services." The
CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate
the performance of the work described in this Contract.
5. COMPENSATION AND METHOD OF PAYMENT
A. COMPENSATION
City will pay ENGINEER for work performed and services rendered under Paragraph
2, "Scope of Services" (Basic Services and Additional Services), at the following
rates:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
It is agreed that total fees for Basic Services(including subcontracted engineering
services as described herein) under this Contract, as defined in Paragraph 2A and
based on the preceding schedule, shall not exceed the sum of $57,000.00
-
B. PAYMENT
ENGINEER will invoice CITY Monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
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and control of ENGINEER as described herein.
CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon
receipt or as otherwise specified in this Agreement. A charge of one percent per month
shall be added to the unpaid balance of invoices not paid within 31 days after date of
invoice. Approved subcontracted engineers are shown on Exhibit"C" attached hereto and
made a part hereof. The engineer shall pay his subcontractors no later than the tenth day
after he receives payment as required under Chapter 2251 Government Code of the
Revised Civil Statutes of Texas.
6. RECORDS
ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all
time and expenses allocated to performance of Contract work. Such records shall be kept
in the office of the ENGINEER for a period of not less than five (5) years and shall be made
available to the CITY for inspection and copying upon reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifications, field notes and data
are property of CITY. ENGINEER may retain reproducible copies of drawings and other
documents.
All documents, including drawings and specifications prepared by ENGINEER are
instruments of service in respect to the project. They are not intended or represented to be
suitable for reuse by CITY or others on extensions of the Project or on any other project
without written verification or adaption by ENGINEER for the specific purpose intended.
Any such verification or adaption will entitle ENGINEER to further compensation at rates to
be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or
damages which may arise out of or result from operations under this contract, whether the
operations be by himself or by any subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, of the
following types and limits (no insurance policy or certificate of insurance required below
shall contain any aggregate policy year limit unless a specific dollar amount (or specific
formula for determining a specific dollar amount) aggregate policy year limit is expressly
provided in the specification below which covers the particular insurance policy or
certificate of insurance):
1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of
the City of Port Arthur, its officers, agents and employees.)
2. Commercial General Liability occurrence type insurance. (No"XCU"restrictions shall
Page 8
be applicable.) Products/completed operations coverage must be included, and the
City of Port Arthur, its officers, agents and employees must be named as an
additional Insured.
a. Bodily Injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $1,000,000.
3. Commercial Automobile Liability Insurance (including owned, non-owned and hired
vehicles coverages).
a. Minimum combined single limit of $500,000 per occurrence for bodily injury
and property damage.
b. If individual limits are provided minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
4. Contractual Liability Insurance covering the indemnity provision of this contract in
the same amount and coverage as provided as Commercial General liability Policy,
specifically referring to this Contract by date, job number and location.
5. ENGINEER also agrees to maintain Professional Liability insurance coverage of
$250,000 minimum per occurrence/claim/policy year aggregate limits against
ENGINEER for damages arising in the course of, or as a result of, work performed
under this Contract. Coverage shall continue for a minimum of two (2) years after
the ENGINEER'S assignment under this Contract is completed. Additional
Professional Liability Insurance required is $
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in
all information required (including names of insurance agencies, ENGINEER and
insurance companies, and policy numbers, effective dates and expiration dates) and
to date and sign and do all other things necessary to complete and make into a valid
certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and
made a part of the Contract, and pertaining to the above listed Items 1,2,3,4 and 5;
and before commencing any of the work and within the time otherwise specified,
ENGINEER shall file said completed Form with the CITY. None of the provisions in
said Form shall be altered or modified in any respect except as herein expressly
authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that
coverages afforded under the policies will not be altered, modified or cancelled
unless at least fifteen (15) days prior written notice has been given to the CITY.
ENGINEER shall also file with the CITY valid CERTIFICATE(s) OF INSURANCE on like
form from or for all Subcontractors and showing the Subcontractor(s) as the Insured.
Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed
with CITY not more than ten (10) days after execution of this Contract.
Deductible on policy for Professional Liability shall not exceed $ 5,000 unless
specifically approved by the Owner.
Page 9
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and
care befitting the profession in the designs, drawings, plans, specifications, data, reports
and designation of materials and equipment provided by ENGINEER for the Project covered
by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver
of the responsibility and liability of ENGINEER for the accuracy and competency of such
designs, drawings, plans, specifications, data, reports and designation of materials and
equipment. Contractor will be responsible for the actual supervision of Construction
operations and safety measures involving the work, his employees and the public, but the
ENGINEER will advise the Contractor of any items requiring the attention and action of the
Contractor.
B. If services include periodic visits to the site to inspect work performed by another
Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the
profession to assure that the Contractor performs the work in accordance with Contract
Documents and to safeguard the CITY against defects and deficiencies in the work;
provided, however, ENGINEER does not guarantee or insure the work completed by the
Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-
site observations as an experienced and qualified design professional, he will keep the CITY
informed on the extent of the progress of the work, and advise the CITY of material and
substantial defects and deficiencies in the work of material and substantial defects and
deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise
brought to the ENGINEER'S attention in the course of construction, and may, on behalf of
the CITY exercise whatever rights the CITY may have to disapproved work and materials as
failing to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives, ENGINEER will
use the usual degree of care and prudent judgement in the selection of competent Project
Representatives, and the ENGINEER will use its best efforts to see that the Project
Representatives are on the job to perform their required duties. In performing these duties
and services (described in this sub-paragraph), ENGINEER is responsible for exercising
reasonable care and skill befitting the profession the assure that the Contractor performs
the work in accordance with Contract Documents and to safeguard the City against defects
and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure
the work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect the
CITY on the Project and work sites and safeguard the CITY against defects and deficiencies
in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure
the work completed by the Contractor, nor is ENGINEER responsible for the actual
supervision of construction operations or for the safety measures that the Contractor takes
or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an
Page 10
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the CITY nor the ENGINEER shall assign, sublet, or
transfer his interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of any public body which may be a party hereto.
14. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the ENGINEER shall violate any of the covenants,
agreements, or stipulations of this Contract, the CITY shall thereupon have the right to
terminate this Contract by giving written notice to the ENGINEER of such termination and
specifying the effective date thereof, at least five(5) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, survey,
drawings, maps, models, photographs, and reports prepared by the ENGINEER under this
Contract shall, at the option of the CITY, become CITY's property and the ENGINEER shall
be entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, the ENGINEER shall not be relieved of liability to the CITY
for damages sustained by the CITY by virtue of any breach of the Contract by the
ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of
setoff until such time as the exact amount of damages due the CITY from the ENGINEER is
determined.
15. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may, at its convenience, terminate this Contract at any time by giving at least
thirty(30) days notice in writing to the ENGINEER. If the Contract is terminated by the CITY
as provided herein, the ENGINEER 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 ENGINEER,
Paragraph 14 hereof relative to termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the Scope of Services of the
ENGINEER to be performed hereunder. Such changes, including any increase or decrease
in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and
between the CITY and ENGINEER, shall be incorporated in written amendments to this
Contract.
Page 12
amount estimated.
10. INDEMNIFICATION
ENGINEER shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of ENGINEER and shall exonerate, indemnify
and hold harmless the CITY, its officers, agents and all employees from any and all liability,
loss or damage arising out of noncompliance with such laws, rules and regulations; without
limitation, ENGINEER shall assume full responsibility for payments of Federal, State and
Local taxes or contributions imposed or required under the Social Security, Worker's
Compensation, and Income Tax Laws with respect to ENGINEER'S employees. Further,
ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and
all employees from any and all liability, loss, damages, expenses or claims arising out of
negligence of ENGINEER, its officers, agents and employees in connection with any of the
work performed or to be performed under this Contract by ENGINEER or as a result of
ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in
accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and
hold harmless the CITY, its officers, agents, and all employees from any and all liability,
loss, damages, expenses or claims for infringement of any copyright or patents arising out
of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the
performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of whether
or not said liability, loss, damages, expenses, or claims is caused in part by a party
indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
CITY OF PORT ARTHUR Action Civil Engineers, PLLC
P.O. Box 1089 8460 Central mall Drive
Port Arthur, Texas 77641 Port Arthur, Texas 77642
Attn: William V. Larrain, P.E.
All notices and communications under this Contract shall be mailed or delivered to CITY
and ENGINEER at the above addresses.
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a
guide to the contents. The caption does not control the meaning of any Paragraph or in
any way determine its interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
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17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at this 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.
B. All of the services required hereunder shall be performed by the ENGINEER or under
his supervision and all personnel engaged in the work shall be fully qualified and, if
applicable shall be authorized or permitted under State and local law to perform
such services.
C. None of work or services covered by this Contract shall be subcontracted without the
prior written approval of the CITY. Any work or services subcontracted hereunder
shall be specified by written Contract or agreement and shall be subject to each
provision of this Contract.
18. REPORTS AND INFORMATION
The ENGINEER at such times and in such forms as the CITY may require, shall furnish
the CITY such periodic reports it may request pertaining to the work or services undertaken
pursuant to this Contract, including the costs and obligations incurred or to be incurred in
connection therewith and any other matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of
Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be
excluded due to discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will permit
full compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, in the study area or any parcels therein or any other interests
which would conflict in any manner or degree with the performance of his services
hereunder.
The ENGINEER further covenants that in the performance of this Contract, no person
having any such interest shall be employed.
21. INCORPORATION OF PROVISIONS REQUIRED BY LAW
Each provision and clause required by law to be included in the Contract shall be
deemed to be inserted herein and the Contract shall be read and enforced as though each
were inserted herein. If through mistake or otherwise any such provision is not inserted or
Page 13
is not correctly inserted, the Contract shall be amended to make such insertion on
application by either party.
EXECUTED in two (2) counterparts (each of which is an original) on
behalf of ENGINEER by William V. Larrain, P.E. its Manager (Name and Office or Position)
shown below, and on behalf of the CITY by its Mayor and City Manager thereto duly
authorized this day of , 20
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS Action Civil Engineers, PLLC
Mayor
DATE: DATE:
ATTEST: ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
ACCEPTED:
CITY MANAGER
DATE:
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EXHIBIT "A"
Engineer's Billing Rates
For Personnel/Equipment/Reimburseables
Action Civil Engineers, PLLC
Standard Hourly Rates Schedule
Calendar year 2015
Standard Hourly Rates are subject to review and adjustment. Hourly rates effective on the date of
this agreement are:
Range
Principal/Professional Engineer $ 150.00
Project Manager/Professional Engineer $ 98-112.00
Project Manager(EIT) $ 84-90.00
Survey Technician $ 56-84.00
Cad Technician $ 56-84.00
Technician $ 42-68.00
Secretary/Clerk $ 42-68.00
Inspector/On-Site Project Representative $ 56-98.00
All standard hourly rates include the sum total of all charges related to that particular employee
classification. No separate employee related charges will be posted against the project except for
employee personal automobile utilization if the city elects to utilize the service of an on-site
project representative. At such authorized time mileage will be based on actual mileage readings
times the current allowable Internal Revenue Service reimbursable mileage rate.
Page 15
b. Advise ENGINEER and Contractor or its superintendent immediately of
the commencement of any work requiring a Shop Drawing or sample
submission if the submission has not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and
Test:
Conduct daily on-site observations of the work in progress to assist
ENGINEER in determining if the work is proceeding in accordance with the
Contract Documents and that completed work will conform to the Contract
Documents.
a. Report to ENGINEER whenever he believes that any work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, test or
approval required to be made or has been damaged prior to final
payment; and advise ENGINEER when he believes work should be
corrected or rejected or should be uncovered for observation, or requires
special testing, inspection or approval.
b. Verify that tests, equipment and systems startups and operating and
maintenance instructions are conducted as required by the Contract
Documents and in presence of the required personnel, and that Contractor
maintains adequate records thereof; observe, record and report to
ENGINEER appropriate details relative to the test procedures and startups.
c. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the project, record the outcome of these
inspections and report to ENGINEER.
6. Interpretation of Contract Documents
Transmit to Contractor ENGINEER'S clarifications and interpretations of the
Contract Documents.
7. Modifications
Consider and evaluate Contractor's suggestions for modifications in
drawings or specifications and report them with recommendations to
ENGINEER.
8. Records
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and sample submissions, reproductions of
original Contract Documents including all addenda, change orders,
field orders, additional drawings issued subsequent to the execution
of the Contract, ENGINEER'S clarifications and interpretations of the
Contract Documents, progress reports, and other Project related
documents.
b. Keep a daily diary and a daily report log book, recording hours on the
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EXHIBIT "B"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. General
Resident Project Representative as ENGINEER'S Agent, will act as directed by
and under the supervision of ENGINEER and will confer with the ENGINEER
regarding his actions. Resident Project Representative's dealings in matters
pertaining to the on-site work shall in general be only with ENGINEER and
Contractor, and dealings with subcontractors shall only be through or with the
full knowledge of Contractor. Written communication with CITY will be only
through or as directed by ENGINEER.
B. Duties and Responsibilities
Resident Project Representative will:
1. Schedules
Review the progress schedule, Shop Drawing submissions and schedule of
values prepared by Contractor and consult with ENGINEER concerning their
acceptability.
2. Conferences
Attend pre-construction conferences. Arrange a schedule of progress meetings
and other job conferences as required in consultation with ENGINEER and notify
those expected to attend in advance. Attend meetings, and maintain and
circulate copies of minutes thereof.
3. Liaison
a. Serve as ENGINEER'S liaison with Contractor, working principally
through Contractor's superintendent and assist him in understanding
the intent of the Contract Documents. Assist ENGINEER in serving as
CITY'S liaison with Contractor when Contractor's operations affect
CITY'S on-site operations.
b. As requested by ENGINEER, assist in obtaining from CITY additional
details or information, when required at the job site for proper
execution of the work.
4. Shop Drawings and Samples
a. Keep a record of approved Shop Drawings and samples, receive
samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of their availability for examination.
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job site, weather conditions, data relative to questions of extras or
deductions, list of visiting officials and representatives of
manufactures, fabricators, suppliers and distributors, daily activities,
decisions, observations in general and specific observations in more
detail as in the case of observing test procedures. Send copies of
daily reports to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractor,
subcontractors and major suppliers of materials and equipment.
9. Reports
a. Furnish ENGINEER periodic reports as required of the work and Contractor's
compliance with the approved progress schedule and schedule of shop
drawings submissions.
b. Consult with ENGINEER in advance of scheduled major test, inspections or
start of important phases of the work.
c. Report immediately to ENGINEER upon the occurrence of an accident.
10. Payment Requisitions
Review applications for payment with Contractor for compliance with the
established procedure for their submission and forward them with the
recommendations to ENGINEER, noting particularly their relation to the
schedule of values, work completed and materials and equipment delivered
at the site but not incorporated in the work.
11. Certificates, Maintenance and Operation Manuals
During the course of the work, verify that certificates, maintenance and
operation manuals and other data required to be assembled and furnished by
Contractor are applicable to the items actually installed; and deliver this
material to ENGINEER for his review and forwarding to OWNER prior to final
acceptance of the work.
12. Completion
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to Contractor a list of observed items regarding completion or
correction.
b. Conduct final inspection in the company of ENGINEER, CITY, and
Contractor and prepare a final list of items to be completed or
corrected.
c. Verify that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority
Except upon written instructions of ENGINEER, Resident Project Representative:
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1. Shall not authorize any deviation from the Contract Documents or approve
any substitute materials or equipment.
2. Shall not exceed limitations on ENGINEER'S authority as set forth in the
Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors
or Contractor's Superintendent, or expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is
specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and programs
in connection with the work.
6. Shall not authorize CITY to occupy the Project in whole or in part.
7. Shall not participate in specialized field or laboratory tests.
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EXHIBIT "C"
List of Subcontracted Engineers
Action Civil Engineers, PLLC will not be utilizing subcontracted
engineers for A. "Basic Engineering Services", Page 2 of this
contract.
Action Civil Engineers, PLLC will utilize the service of subcontracted
professional services in the areas of:
Geotechnical/Laboratory Services, B.(9) as required, to be
coordinated by the engineer and to be paid for by the city of Port
Arthur directly to the provider, and
Professional Surveying Services, 2.(d) that are required for the
design process, to be paid for through the engineer's contract to the
provider.
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CONTRACT FOR PROFESSIONAL SERVICES
(FEDERAL/STATE FUNDS)
PART II — TERMS AND CONDITIONS
1. Termination of Contract for Cause.
If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the Consultant (engineer, architect or other
profession) shall violate any of the covenants, agreements, or stipulations of this Contract,
the City shall thereupon have the right to terminate this Contract by giving written notice to
the Consultant 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 Consultant under this Contract shall, at the option of the City, become
CITY'S property and the Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by the Consultant
and the City may withhold any payments to the Consultant for the purposes of set-off such
time as the exact amount of damages due the City from the Consultant is determined.
2. Termination for Convenience of the City.
The City may terminate this Contract at any time by giving at least thirty (30) days notice
in writing to the Consultant. If the Contract is terminated by the City as provided herein,
the Consultant will be paid for the time provided and expenses incurred up to the
terminated date. If this Contract is terminated due to the fault of the Consultant, Paragraph
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1 hereof relative to termination shall apply.
2. Changes.
The City may, from time to time, request changes in the Scope of Services of the
Consultant to be performed hereunder. Such changes, including any increase or decrease
in the amount of the Consultant's compensation, which are mutually agreed upon by and
between the City and the Consultant, shall be incorporated in written amendments to this
Contract.
3. Personnel
A. The Consultant represents that he 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.
B. All of the services required hereunder shall be performed by the Consultant or
under his 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. Any work or services subcontracted
hereunder shall be specified by written Contract or agreement and shall be subject
to each provision of this Contract.
4. Assignability
The Consultant shall not assign any interest in this Contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
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consent of the City thereto; provided, however, that claims for money due the Consultant
from the City under this Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the City.
5. Reports and Information
The Consultant, at such times and in such forms as the City may require, shall furnish the
City 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.
7. Records and Audits.
The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to the Contract
and such other records as may be deemed necessary by the City to assure proper
accounting for all project funds, both Federal/State and Non-Federal/State shares. These
records will be made available for audit purposes to the City or any authorized
representative, and will be retained for not less than five (5) years after the expiration of
this Contract unless permission to destroy them is granted by the City.
8. Findings Confidential.
All of the reports, information, data, etc., prepared or assembled by the Consultant under
this Contract are confidential and the Consultant agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
9. Copyright.
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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 Consultant.
10. Compliance with Local Laws
The Consultant shall comply with all applicable laws, ordinances, and codes of the State
and local governments, and the Consultant shall save the City harmless with respect to any
damages arising from any tort done in performing any of the work embraced by this
Contract.
11. Equal Employment Opportunity.
During the performance of this Contract, the Consultant agrees as follows:
a. Consultant will not discriminate against any employee or applicant for
employment because of sex, race, creed, color, or national origin. The Consultant
will take affirmative action to ensure that applicants are employed, and the
employees are treated, during employment, without regard to their sex, race, creed,
color, 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 Consultant
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this
nondiscrimination clause.
b. The Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of the Consultant, state that all qualified applicants will receive
Page 24
consideration for employment without regard to sex, race, color or national
origin.
c. The Consultant 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.
12. 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
13. Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall on the grounds of race, color, national origin, or sex be
excluded from participation, be denied the benefits if, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available under
this title.
14. Compliance with Employment Opportunities for Businesses and Lower
Income Persons.
The Consultant shall comply with the regulations of Section 3 of the Housing and Urban
Development Act of 1968. A copy of the Federal Register, Title 24 part 135.20
subparagraph (b) "Section 3 Clause" is made a part of this Contract:
a. The work to be performed under this Contract is on a project assisted under
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a program providing State Funds or direct federal financial assistance from the
Department of Housing and Urban Development or other Federal Agencies and is
subject to the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 170Iu. 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 Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development not forth in 24 CFR Part 135, 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 those
requirements.
c. The Consultant will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract of
understanding, if any, a notice advising the said labor organization or worker's
representative of his 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 Consultant will include this Section 3 clause in every subcontract for
Page 26
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 CFR
131. The Consultant will not subcontract with any subcontractor where it has
notice or knowledge that the latter has bee found in violation of regulations
under 24 CFR 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
CFR Part 135, and all applicable rules and orders of the Department issued
thereunder 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 sub-
contractors, 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 CFR 135."
15. Section 3 Handicapped (if $25,000 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
Page 27
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 noncompliance with the requirements of this clause,
actions for noncompliance 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
Page 28
generated by this contract and including those occurring at an establishment
of the Contractor other than the one wherein the contract is being performed
but excluding those of independently operated corporated affiliates, shall be
listed at an appropriate local office of the State employment service system
wherein the opening occurs. The Contractor further agrees to provide such
reports to such local office regarding employment openings and hires as may
be required.
State and local government agencies holding Federal contracts of$10,000 or
more shall also list all their suitable openings with the appropriate office of
the State employment service, but are not required to provide those reports
set forth in paragraphs (D) and (E).
c. Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the use of
any other recruitment source or effort and shall involve the normal
obligations which attach to the placing of a bona fide job order, including the
acceptance of referrals of veterans non-veterans. The listing of employment
openings does not require the hiring of any particular job applicant or from
any particular group of job applicants, and nothing herein is intended to
relieve the Contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
d. The reports required by paragraph D of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the
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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 or vendor. The
Contractor will take such action 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. Section 402 Veterans of the Vietnam Era (if $10,000 or Over.
Affirmative Action for Disabled Veterans and Veterans of the Vietnam
Era.
a. The Contractor will not discriminate against any employee or applicant for
employment because he or she is a disabled veteran or veteran of the
Vietnam Era 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 disabled
veterans and veterans of the Vietnam Era without discrimination based upon
their disability or veteran status 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 that all suitable employment openings of the
Contractor which exist at the time of the execution of this contract and those
which occur during the performance of this contract, including those not
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appropriate local office or, where the Contractor has more than one hiring
location in a State, with the central office of that State employment service.
Such reports, shall indicate for each hiring location (1) the number of
individuals hired during the reporting period, (2) the number of nondisabled
veterans of the Vietnam Era hired, (3) the number of disabled veterans of
the Vietnam Era hired, and (4) the total number of disabled veterans hired.
The reports should include covered veterans hired for on-the-job training
under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days
after the end of each reporting period wherein any performance is made on
this contract identifying date for each hiring location. The Contractor shall
maintain at each hiring location copies of the reports submitted until the
expiration of one year after final payment under the contract, during which
time those reports and related documentation shall be made available, upon
request, for examination by any authorized representatives of the contracting
officer or of the Secretary of Labor. Documentation would include personnel
records respecting job openings, recruitment and placement.
e. Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service system in
each State where it has establishments of the name and location of each
hiring location in the State. As long as the Contractor is contractually bound
to these provisions and has so advised the State system, there is no need to
advise the State system of subsequent contracts. The Contractor may advise
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the State system when it is no longer by this contract clause.
f. This clause does not apply to the listing of employment openings which occur
and are filled outside of the 50 states, the District of Columbia, Puerto Rico,
Guam and the Virgin Islands.
g. The provisions of paragraphs B, C, D and E of this clause do not apply to
openings which the Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and traditional employer-union
hiring arrangement. This exclusion does not apply to a particular opening
once an employer decides to consider applicants outside of his own
organization or employer-union arrangement for that opening.
h. As used in this clause: (1) " All suitable employment openings"includes, but
is not limited to, openings which occur in the following job categories:
Production and non-production; plant and office; laborers and mechanics;
supervisory and non-supervisory, technical, and executive, administrative,
and professional openings are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, temporary
employment of more than three (3) days' duration, and part-time
employment. It does not include openings which the Contractor proposes to
fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement nor openings in an educational
institution which are restricted to students of that institution. Under the most
compelling circumstances an employment opening may not be suitable for
Page 32
listing, including such situation where the needs of the Government cannot
reasonably be otherwise supplied, where listing would be contrary to national
security, or where the requirement of listing would otherwise not be for the
best interest of the government. (2) "Appropriate office of the State
employment service system" means the local office of the Federal, State and
local system of public employment offices with original responsibility for
serving the area where the employment opening is to be filled, including the
District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3)
"Openings which the Contractor proposes to fill from within his own
organization" means employment openings for which no consideration will be
given to persons outside the Contractor's organization (including any
affiliates, subsidiaries, and the parent companies) and includes any openings
which the Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary
and traditional employer-union hiring arrangement" mean" employment
openings which the Contractor proposes to fill from union halls, which is part
of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
i. The Contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the act.
j. In the event of the Contractor's noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with the rules,
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regulations, and relevant orders of the Secretary of Labor issued pursuant to
the Act.
k. 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 notice shall
state the Contractor's obligation under the law to make affirmative action to
employ and advance in employment qualified disabled veterans and veterans
of the Vietnam Era for employment, and the rights of applicants and
employees.
I. 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 the Vietnam Era
Veterans Readjustment Assistance Act, and is committed to take affirmative
action to employ and advance in employment qualified disabled veterans and
veterans of the Vietnam Era.
m. The Contractor will include the provisions of this clause in every subcontract
or purchase order of$10,000 or more unless exempted by rules, regulations,
or orders of the Secretary issued pursuant to the Act, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take
such action 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 noncompliance.
Page 34
17. Interest of Members of City.
No member of the governing body of the City, and no other officer, employee, or
agent of the City 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 Consultant shall
take appropriate steps to assure compliance.
18. 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 Consultant shall take
appropriate steps to assure compliance.
19. Interest of Consultant and Employees.
The Consultant covenants that he presently has no interest and shall not acquire
any interest, direct or indirect, in the study area of any parcels therein or any
other interests which would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that in
the performance of this Contract, no person having any such interest shall be
employed.
20. Compliance with Copeland Anti-Kickback Act.
The Consultant shall comply with the applicable regulations of the Secretary of
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Labor, United States Department of Labor, made pursuant to the so-called"Anti-
Kickback Act" of June 13, 1934 (48 Sta. 948: 62 Stat. 862; Title U.S.C., Section
874; and Title 40 U.S.C., Section 276c), and any amendments or modifications
thereof, shall cause appropriate provisions to be inserted in subcontracts to
insure compliance therewith by all subcontractors subject thereto, and shall be
responsible for the submissions of affidavits required by subcontractors
thereunder, except as said Secretary of Labor may specifically provide for
reasonable limitation, variations, tolerances, and exemptions from the
requirements thereof.
21. References to Contractor.
All references to "Contractor" in Part II, Terms and Conditions, shall be
construed to mean "Consultant" or "Engineer".
22. Incorporation of Provisions Required by Law.
Each provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein and the Contract shall be read and enforced as
though each were included herein. If through mistake or otherwise any such
provision is not inserted or is not correctly inserted, the Contract shall be
amended to make such insertion on application by either party.
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