HomeMy WebLinkAboutPR 14658: ARCENEAUX & GATES - HWY. 87 SOUTH WATER SYSTEM IMPROVEMENTS PROJECTMEMORANDUM
CITY OF PORT ARTI~UR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations /~~~_r ~. ~
DATE: April 1, 2008 :~""`~~i _ -_ ..
SUBJECT: Proposed Resolution No. 14658
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 14658 authorizing the execution of a contract
with Arceneaux & Gates Consulting Engineers, of Port Arthur, Texas for engineering services
related to the State Highway 87 South Water System Improvements Project in the not-to-exceed
amount of $272,560.00.
BACKGROUND
The water system serving the Sabine Pass area is fed through a dead end water main via a series of
ground storage tanks and pump stations. As such, water pressure to customers often varies drastically
with demand. Demand is made even more transient due to the high percentage of high-demand
customers and the effect of water leaks on this dead-end system. We are currently at or very near the
existing system's capability to deliver water to our existing customers along this route. The
upcoming LNG facilities will place demands on our water system beyond its current capacity. For
this reason, we sought after and obtained a grant from the Economic Development Administration
for these needed Water System Improvements to handle this increased demand. The EDA granted us
the $1M maximum toward this project. The total costs for the project are estimated at $2.7M.
The engineering portion of the work is our first step toward completing this project. We propose to
accomplish this work in two separate construction contracts, one for the waterline construction and
another for the water storage tank and pump station construction, since these two scopes of work are
usually done by specialty contractors.
BUDGET/FISCAL EFFECT
This work will be funded through Account No.301-1601-591.53-OQ, Project No. G0-803. The EDA
grant approved $140,000 for engineering, and the balance will be funded by the City.
STAFF/EMPLOYEE EFFECT
City staff will monitor this engineering contract.
SUMMARY
I recommend the approval of Proposed Resolution No. 14658 authorizing the execution ofa contract
with Arceneaux & Gates Consulting Engineers, of Port Arthur, Texas for engineering services
related to the State Highway 87 South Water System Improvements Project in the not-to-exceed'
amount of $272,560.00.
P. R. No. 14658
04/04/08
RESOLUTIONNO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND ARCENEAUX & GATES CONSULTING
ENGINEERS FOR ENGINEERING SERVICES NOT TO EXCEED
$272,560.00'RELATED TO THE STATE HIGHWAY 87 SOUTH
WATER SYSTEM IMPROVEMENTS PROJECT. ACCOUNT NO.
301-1601-591.53-00; PROJECT NO. GO-803.
WHEREAS, the water distribution system serving the Sabine Pass area is currently at capacity; and,
WHEREAS, such water distribution system capacity will be exceeded with the completion ofthe new
LNG facilities; and,
WHEREAS, certain water system improvements will be required to meet these demands in order to
continue serving the Sabine Pass area; and,
WHEREAS, the United States Economic Development Administration has made funding available
for this project; and,
WHEREAS, Arceneaux & Gates Consulting Engineers has the demonstrated competence and
qualifications to perform engineering services related to this project; and,
WHEREAS, the City of Port Arthur has received a proposal from Arceneaux & Gates Consulting
Engineers, for engineering services related to the State Highway 87 South Water System Improvements
Project in the not-to-exceed amount of $272,560.00; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the engineering contract is attached hereto as Attachment "A", with Arceneaux & Gates
Consulting Engineers for engineering `services related to State Highway 87 South Water System
Improvements Project in the not-to-exceed amount of $272,560.00; and,
THAT the cost for these engineering services is not to exceed the amount of Two Hundred Seventy
Two Thousand Five Hundred Sixty and no/100 Dollars ($272,560.00); and,
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on
interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~y , ~,~~G.~
Date: April 4, 2008 / ""`
Subject: P. R. No. 14658
The EDA only approved an Engineer's budget for $14.0,000 as to
extending water infrastructure to support the new LNG facilities.
The proposed budget for the Engineer of $272,560 and the EDC
approval of only $140,000 are noted in Resolution No. 07-479.
Therefore, any monies in excess of $140,000 will. be paid by the
City and there will be no matching funds from the EDA as to the
excess.
In the contract,. there is a mis-numbered paragraph on page 24
of Exhibit "D". This will be corrected by Mr. Arceneaux's staff
before execution.
MTS:ts
cc: Arceneaux & Gates
z.pr14668 memo from legal
P. R. No. 14658
04/04/08
Page 2
behalf of the City of Port Arthur, a contract in substantially the same form as Exhibit"A"between the City of
Port Arthur and with Arceneaux & Gates Consulting Engineers; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS day of , 2008 at a Regular
Meeting of the City Council of the City of Port Artfiur, Texas, by the following vote:
AYES: Mayor
Councilmembers
NOES:
ATTEST:
Terri Hanks
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
APPROVED AS TO FORM:
Mark Sokolow
City Attorney
Deloris Prince
Mayor
Kelly Eld idge
Director of Utility Operations
APPROVED FOR FUNDING:
Rebecca Underhill'
Director of Finance
301-1601-591.53-00, ProjectNa. GO-803
ATTACHMENT A
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
PARTI-AGREEMENT
THIS AGREEMENT, entered into as of this day of
20, 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 Arceneaux & Gates, Inc. (hereinafter called the "ENGINEER'S acting
herein by Ronald J. Arceneaux 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:
EMPLOYMENT OF ENGINEER
The CITY hereby agrees to engage the ENGINEER grid the ENGINEER hereby agrees
to perform the "Scope of Services" hereinafter set forth. This contract shall be
performed in Jefferson County, Texas. The ENGINEER recognizes that this project is
funded in part by EDA Grant Funds as delineated in Resolution No. 07-979 and the
ENGINEER will coordinate his activities with Carl R. Griffith & Associates, who is
providing professional management services in this project per an agreement
approved. by Resolution No. 08-051.
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:
S.H. 87 South Water System Improvements
The services rendered by ENGINEER for the Project to be designedfor construction.
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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
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 musk be
authorized in writing by the CITY. These phases are ezpahded 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 prelimihary 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
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be done, for the C1TY'S account.
{c) Furnish to the CITY, where required by the circumstances of the
assignment, the engineering data necessary for appligtions for
routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents for
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 far construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized constructlon. 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 engiheering 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 (asdistinguished 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
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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
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 isfor 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 jbb 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.
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for compliance with the Contract Documents, and submit
recommendations concerning Project status, as it may affect CITY'S
final payment to the Contractor..
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page 5
6. 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 C1lY 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 certificatiori 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 ofthe 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 td 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 faalities.
(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 Agreementor 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 730 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.
informatioh, 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 underParagraph
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 $ Two Hundred
Seventy-two Thousand Five Hundred Sixty Dollars and no/00 ($272,560 00}
B. PAYMENT
ENGINEER will invoice CITY Monthly for its services and charges incurred by
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ENGINEER for subcontracted engineering services performed under the direction
and control of ENGINEER as described hereih.
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 d2wings, 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 orrepresented to be
suitable for reuse`tiy CITY or others on extensions of the Project or on any other project
without written verification or adoption by ENGINEER. for the specific purpose intended.
Any such verification or adoption 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 insurerlicensed 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, whetherthe
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 (dr 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 Walver of Subrogation in favor of
the City of Port Arthur, its officers, agents and employees.)
Page 8
2. Commercial General Liability occurrence type insurance. (No "XCU"restrictions shall
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 for Commercial General Liability.
Policy, specifically referring to this Contract by date, job number and location.
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 $ 0
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 this 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 exceptas 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
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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.
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 equipmentprovided 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,.butthe
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 5 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 wilt
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 Contradorpen`orms
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 pertorming these services the ENGINEER will at all times endeavor to protect the
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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 measuresthat the Contractor takes
or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an
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 forpayments 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 outof
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 ofany copyright orpatents arising out
of the use ofany 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
C1TY:
CITY OF PORT ARTHUR
PA. Box 1089
Port Arthur, Texas 77641
Attn: Mr. Kelly Eldridge
ENGINEER:
ARCENEAUX & GATES, INC.
3501 Turtle Creek Drive
Suite. 102
Port Arthur, Tx 77642
Attn: Ron.. Arceneaux, P.E.
All notices and communications under this Contract shall be mailed or delivered to Clll'
and ENGINEER at the above addresses.
Page 11'.
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 interpretatiori or application.
13. SUCCESSORS AND ASSIGNMENTS
The C1TY 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 respectto all covenants of this
Contract. Except as above, neither the CITY nor the ENGINEER shalt 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 AUSE
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
Cdntract shall, at the option of the CITY, become C1lY's property and the ENGINEER shall
be entitled to receive just and equitable compensation forany 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 bythe 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.
Page 17
16. ANGES
The C1TY 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.
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 relatignship with the CIII'.
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 Contractshall 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 Contrail.
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, director 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.
Page 13
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
is not correctly inserted, the Contract shall be amended to make such insertion on
application by either party. The terms as delineated in Exhibit "D"are herein incorporated.
EXECUTED in two {2) counterparts {each of which is an original) on
behalf of ENGINEER by Ronald J. Arceneaux its President (Name and Office or
Position) shown below, and on behalf of the CITY by its Mavor and City Manager thereto
duly authorized this day of . 20
Page 14
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS AR~CEnN,EAUX & GATES, INC.
/ `'~" / ,,
MAYOR / /
DATE: (-/`~ ~t ~/
DATE: T'T'~d"
ATTEST: ATTEST:
City Secretary '
APPROVED AS TO FORM:
City Attorney
ACCEPTED:
City Manager
Page 15
EXHIBIT "A"
Engineer's Billing Rates
For Personnel/Equipment/Reimbursables
Pege 16
ARCENEAIIS
GHTES
connlnrlxc
CH°INCERS~INC.
EXHIBIT "A"
SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES .
CLASSIFICATION RATE
• Principal $ 160.00 per hr.
• Engineering Project Manager $ 140.00 per hr.
• Staff Engineer $ 102.00 per hr.
SURVEYING SERVICES
• Professional Surveyor $ 102.00 per hr.
• 2-Man Crew $ 130.00 per hr:
• 3-Man Crew $ 171.00 per hr.
TECHNICAL SERVICES <
• Engineering Technician III $ 85.00 per hr.
• Engineering Technician II $ 62.00 per hr.
• Engineering Technician I $ 45.00 per hr.
SECRETARIAL 1 ADMINISTRATIVE SERVICES- $ 45.00 per hr
NON-LABOR EXPENSES
• Survey vehicle travel, conventional equipment $ 30.00 per day
• .All Terrain Vehicle $ 50.00 per day
• Computer Plots $ 20.00 per plot
• Printing $ 3.00 per each
• Unscheduled Expenses (incl. supplies) Cost + 10%
• RTK Network w/one (1) Rover $ 500.00 per day
2°°S Pl[Ot'r55[ONAL SFHV[CES
EXHIBIT "B"
DUTIES, RESPONSIBILTTIESRND LIMITATIONS OF
AUTHORITY OF RESIDENT PROTECT 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. Dsrties 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
CTTY'S liaison with Contractor when Contractor's operations affect
CTfY'S on-site operations.
6. 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 Samales
a. Keep a record of approved Shop Drawings and samples, receive
samples which are furnished at the site by CONTRACTOR, and notify
Page 17
ENGINEER of their availability for examination.
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, Refection of Defective Work,- Insaections and
Test:
Conduct daily on-site observations of the work in progress to assist
ENGINEER in determiningif the vvork 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 orshould be uncovered for observation, or requires.
speciattesting, 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. Interoretation of Contract Documents
Transmitto Contractor ENGINEER'S clarifications and interpretations ofthe
Contract Documents.
7. Modifications
Consider and evaluate Contractor's. suggestions for modifications in
drawings or specifications-and report them with recommendations to_
ENGINEER.
8. Re s
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.
Page 16
b. Keep a daily diary and a daily report log book, recording hours on the
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.
4. 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
materialto 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 listof observed. items regarding completion or
correction.
b. Conduct final inspection in the company of ENGINEER, C1Ty, 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:.
PageiB
1. Shall not authorize. any deviation from the Contract Documents or approve
anysubstitute 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. ShaIF 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.
Page 20
EXF•lIBIT "C"
List of Subcontracted Engineers
Planned Subcontracted Engineers Include:
• Soutex Surveyors, Port Arthur, Tx
• DP Consulting Engineers, Port Arthur, Tx
• Stanley G. Newsome, P.E., Port Arthur, Tx
• T & N Laboratories, Inc., Nederland, Tx
Page 21
EXHIBIT "D"
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} shallViolateany ofthe covenants, agreements, or stipulations ofthisLontract, -
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 ofset-off such
time as the exact amount of damages due the City from the Consultant is determined.
2. Termination for Convenience of the Citv.
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,
Page 22
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
1 hereof relative to termination shall apply.
2. Chances.
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, ali
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 6y written Contract or agreement and shall be subject
to each provision of this Contract.
4. Assignability
Page 23
l
The Consultant shall not assign any interest (n this Contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
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 ortransfer shall
6e 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 ofthe reports, information, data, etc., prepared or assembled by the Consultant uhder
this Contract are confidential and the Cohsultant agrees-that they shall not be made
Page 24
available to any individual or orgahization without the prior written approval of the City.
9. Coovriaht.
No report, maps, or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of the Consultant. ...
iO. Comoliance 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 Emnlovment Oooortunity
During the performance of thisCbntract, 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.
Page 25
b. The Consultant will, iri all solicitations or advertisements for employees placed
by or on behalf of the Consultant, state that all qualified applicants will receive
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 19b4, 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 Housino and Community Develo ment Act of 1974
No person irrthe United States shall on the grounds of race, color, national origin, orsex 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. Comeliance with Emolovment Onaortunities 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
Page 26
subparagraph (b) "Section 3 Clause" is made a part of this Contract:.
a. The. work to be performed under this Contract is on a projectassisted under
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. 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 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
Page 27
foremployment or training.
d. The Consultant will include this Section 3 clause in every subcontract far
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 suhcontPador 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 ofability to comply with the
.requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations setforth 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 Iban agreement or contract through which federal assistance is provided, and
to such sanctions as are specified by 24 CFR 135."
15. Section 3 Handicauoed (if 525 000 ar Over Affirmative Action for
Handicauued Workers)
a. The Contractor will not discriminate against any employee or applicant for
Page 28
employment because of physical or mental handicap in regard to any position
for which the employee or applignt for employment. is qualified. The
Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without
discrimination based. upon their physical or mental handicap in all
employment practices such as the following: Employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination ,rates of
pay or other forms of compensation, and selection for training, including
apprenticeship. _
b. The Contractor agrees to comply with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
r
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 actiori 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
Page 29'
x
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 ih employment
physicallyand 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 pursuantto Section 503 of the Ad, 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 Cdntract Compliance Programs
may direct to enforce such provisions, including action for non-compliance.
16. Section 402 Veterans of the Vietnam Era (if 510 000 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
Page 30
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
generated by this contractand including those occurring at an establishment
of the Contractor other than the one wherein the contractis 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 X10,000 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 orfrom
any particular group of job applicants, and nothing herein is intended to
relieve the Contractor from any requirements in 6cecutive Orders or
regulations regarding nondiscrimination in employment.
Page 3T
d.: The reports required by paragraph D ofthis clause shalt include, but not be
limited to, periodic reports which. shall be filed at least quarterly with the
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 ofthecontracting
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
Page 32
to these provisions and has so advised the State system, there is no need to
advise the State system of subsequentcontracts. The Contractor may advise
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
traditionalemployer-union hiring arrangement nor openings in an educational
Page 3&
institution which are restricted to students of that institution. Under the most
compelling circumstances an employment opening may not be suitable for
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 notbe 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.
Page 34
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,
regulations, and relevant orders of the Secretary of Labor issued pursuantto
the Act.
k. The Contractoragrees to post in conspicuous places, available to empldyees
and. applicants far 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 fdr 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
Page 35
of the Office of Federal Contract Compliance Programs may direct to enforce
such provisions, including. action for noncompliance.
17. Interest of Members of Ci
No member of the governing body of the City, and no other officer, employee, or
agent of the City who exercises any functioris 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 hotly 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. Inter of Consultant and Emolovees
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.
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20, Como~~With Copeland Anti Kickback Act
The Consultant shall comply with the applicable regulations of the Secretary of
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 Rea ~~~~~
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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