HomeMy WebLinkAboutPR 15654: BOB SHAW CONSULTING ENGINEERS (ZWOLLE DRAINAGE DITCH IMPROVEMENTS)PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO.
TO Stephen B. Fitrgibbons, City Manager_
FROM Ross E. Blackketter, P.E., Director of Public Works
SUB]ECT P.R. #15654 -Authorize Execution of Contract with Bob Shaw Consulting
Engineers
DATE 03 December 2009
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15654, authorizing
the execution of a contract with Bob Shaw Consulting Engineers of Port. Arthur, Texas
for engineering design and construction phase services for improvements. to the Zwolle
drainage. ditch for the not to exceed amount of $110,000.
BACKGROUND:
U. S. Department of Housing and-Urban Development has established CDBG Disaster
Recovery funding for recovery. from Hurricane Ike; with the City of Port Arthur allocated
$13,010,493 for infrastructure funds under this grant.
Bob Shaw Consulting Engineers submitted a proposal to provide engineering design and
construction phase services for improvements to the Zwolle drainage ditch for the'not
to exceed amount of $110,000.
BUDGETARY/FISCAL EFFECT:
Funding is available in Project ORZWOL, 141-1201-532.53-00.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15654, authorizing
the execution of a contract with Bob Shaw Consulting Engineers of Port Arthur, Texas
for engineering design and construction phase services for improvements to the Zwolle
drainage ditch for the not to exceed amount of $110,000.
~~
Ross E. Black etter, P.E.
Director of Public Works
REB/reb
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P.R.15654
12/03/09 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE AN AGREEMENT WTTH BOB SHAW
CONSULTING ENGINEERS OF PORT ARTHUR, TEXAS TO
PROVIDE ENGINEERING AND DESIGN OF DRAINAGE.
IMPROVEMENTS OF ZWOLLE DITCH FOR AN AMOUNT NOT
TO EXCEED $110,000.
WHEREAS, the U. S. Department of Housing and Urban Development has established
CDBG Disaster Recovery funding for recovery from Hurricane Ike; and,
WHEREAS, the City of Port Arthur is an entitlement city and has. been allocated
$13,010,493 for infrastructure funds under this first round of funding; and,
WHEREAS, drainage improvements of Zwolle Ditch from Central Pump Station to
Memorial Boulevard are included in the projects for this grant; and,
WHEREAS, Bob Shaw Consulting Engineers has submitted a proposal to provide
engineering and design services for this drainage project; and,
WHEREAS, Bob Shaw Consulting Engineers can perform this service for'an amount not
to exceed $110,000; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:.
THAT, the Mayor and City Manager are hereby authorized'to execute an agreement
with Bob Shaw Consulting Engineers of Port Arthur, Texas (attached as Exhibit "A'~ to prepare
the engineering design and construction management for the drainage improvements of Zwolle
Ditch, funding is available in Project ORZWOL, 141-1201-532.53-00; and,
THAT, a copy of the caption of this Resolution be spread. upon the Minutes of the City
Council.
P.R. 15654
Page 2
READ, ADOPTED, AND APPROVED this the _ day of A.D. 2009
at a
meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor,
Councilmembers:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
7
City Attorney (/k~ ~~
APPROVED FOR ADMINISTRATION:
Stephen B. itzgibbons
City Manager
e--e
Ross E. Blackketter, P.E.
Director of Public Works
APPROVED AS' TO AVAILABILITY
FUNDS:
Deborah Echols, CPA
Director of Finance .
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EXHIBIT A
Exhibit A
P.R. No. 15654
Total of 39 pages
THE STATE OF TEXAS §
COUNTY OF ]EFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
F
PART I -AGREEMENT
THIS AGREEMENT, entered into as of this 15"' day of December , 20.09 , 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 Bob Shaw Consulting Engineers (hereinafter called the.
"ENGINEER'S acting herein by Bob Shaw P.E. Owner 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, 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: Drainage Improvements for Zwolle Ditch.
The services rendered by ENGINEER for the Project to be designed for
construction are divided into three (3) distinct and sequential phases as follows:
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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 oreach Additional Service must be
authorized in writing by the CITY. These phases are expanded in the following
outline:
A. BASIC SERVICES
SEE. EXHIBIT °A" ATTACHED HERETO AND MADE A PART HEREOF.
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
(SO).
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
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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 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.
{~} 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.
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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 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 shalF 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 dimensioris 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.
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(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.
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
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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 ofFce 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 additionaF 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.
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(20) Additional or extended services during construction made necessary by
work 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
120 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 "B" 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
$110.000
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 herein.
CITY agrees to pay ENGINEER at his ofFce 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 df invoice. Approved subcontracted engineers are shown on Exhibit "C" attached
hereto and made apart 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 ofFce 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 contairi 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
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of the City of Port Arthur, its officers, agents and employees.)
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 ih
the same amount and coverage as provided for 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 this Contract, and pertaining to the above
listed Items 1,2,3,4, and 5; and before commericing 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)
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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.
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable
skill and care. beftting 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 guararitee 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.
a, a
C. In connection with the services of Resident Project Representatives,
ENGINEER will use the usual degree of care and prudent judgement iri 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,
Page'10
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 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
Cry; ENGINEER:
CITY OF PORT ARTHUR Bob Shaw Consulting Engineers
P.O. Box 1089 4749 Twin City Highway
Suite 305
Port Arthur, Texas 77641 Port Arthur, TX 77642
Attn: Ross E. Blackketter, P.E. Attn: Bob Shaw, P.E.
Director of Public Works Owner
Page 1 ~
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 applicatiorr.
13. SUCCESSORS AND ASSIGNMENTS
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
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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.
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
lawto 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 Cortract.
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 Cortract, 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.
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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 is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
EXECUTED in two f21 counterparts (each of which is an original)
on behalf of ENGINEER by Bob Shaw. P.E. its President/CEO (Name and Office
or Position) shown below, and on behalf of the CITY by its Mater and Cityfl Mana4er
thereto duly authorized this day of
l
Page 14
EXHIBTT'~A"
Engineering Proposal
Page 15
BOB S_H_AW ~~
__ .- -
Cons~lting Engineers
December I-2009
\9r. Ross 13lackkettcr. PG
CITY OF POK'f AI2T[-1liR
P.O. t3ox 1039 -
Port Arthur. Teas 77(41-1039
J Rc: Proposal for Professional Srn-iccs
Z.t~~ollc Ditch Improvements
' Proposal CP.<\-0~)7
Dear \4r. Blachketter.
\1'e arc' pleased to submit this proposal to provide Prolessional Bnginecrim_ Services for the design of
prgposcd intprovcments to the lwolle Ditch. 11 is understood that a portion of this project funding twill
come ltoni the Texas-Department of Rural .1t1:1irs ("I DIZA). \4'e are registered vendor with the 'hDRA
and are currently listed in their Ceniralizal 4lastcr F3iddcr s List.
The proposed project area is located within the City of fort t\rthur, runs parallel to thc.KC$ rtilroad
antl is bound nn the upstream end. by \-Icmorial 13oulcvard (US69) and. by the Central Pump Station
(PSGS) on the downstream end. 'fhe iinprovcmcnts include the removal and replacement of damaged
concrete channel liner as well as the construction of additional concrete liner [o stabilize the southern
slopes ol'the ditch located adjacent to the residential homes. l have visited the project area. with you
anti your staff, and propose the lollotving scope oFscn ices:
DESIG\
L Rcvicw available data to include dminagc plans. utilih~ maps and as-built drawings.
2. Perfornt a topographic surv« of the project area for use in design and to locate existing
utilities.
i. Design channel improvements pnd prepare construction plans for the improvements to include
location maps. dimensional conU'nl. layout sheets. plan & profile sheets, construction details
and a sli~nntvater pollution prevention plan {S\1'3Y). ,
4. Incorporate the C'iiy's standard consU•uction contract anti proparo a complete set of sealed
Coonstruction Docume~its of Plans and Spccitications.
5. Provide. periodic review sets of construction plans and attend design meetirr~s with the City as
necessary during the course of the project. .
G. Coordinate the proposed intlaroventents with Jeflerson County Drainage District No. 7
(recipient ol'storm runoff lixtm th ditch) it nccessar}'.
7. Furnish up to hvcnq~ (20) sets al construction documents.
S: Prepare an estimate of probable construction cost.
,.; .
_ _ - -,. ..~ F'~-:;Ce. i=UJ 9u'-02uj ~.'x ~I _- +"':.:...
Page Teti o
Uccemhcr 1, 2009
81DDING & CONS'IRUC'1'ION
1. Assist the City in the Biddin~~ Phase by attending pre-bid conferences, issuing addenda as
appropriate to interpret, clarity, or cspand the bidding documents, advise the City on the
acceptabiliq~ of alternate materials and equipment. proposed by prospective contractors. Cost
for public notices andadvcrtiscments arc e~cludcd Isom this scope.
2. Attend the bid opening and prepare a Tabulation of bids received
3. Conduct a precoi~strctiou conlei~ence pith the City aiid Contractor.
=1. During Consp-tiction, pro~'idc necessary interprotations and clarificaiimts of the contract.
documents as may be needed or as requested by the Owner.
=. ivlakc periodic visits to the site (as distinguished from the continuous service of a resident
Projccr Represcntative) to observe the progress and quality of the executed ~+rork and to
determine in ~~eneril if the work is proceeding in accordance with the Contract D~euments.
C0~9PE-NSATION
l he engineering fee for the services outlined above sliall Not Gzcced the swn of 5110,000.00 without.
prior approval Prom the City of Part Arthur. \Ve propose to provide these services at our cun~ent hourly
rates as follows:
P ROJ EC'I' YtA NAG LR $ 160,00
\1r1NAGEROPENGINLGRING 51~R00
RPLS;DESIGNER ti 125.00
AD~iINISTRATI\+[:1SSISTAN"f $Gd.~lO
r1UTOCAD TECFINICIAN $G I:GO
RESIDENT PIZOJEC"f RL'-PRESENTATIVI? . 553.20
Non-labor expense and subcontract expense (il any) at invoice plus 10
percent to recover administrative charges. f\utomobile tnilcace at ~oSi
per mile. Letter and legal size. copies at S0.10 per copy.
If this proposal is acceptable to the City of fort f\rthtu•. we will prepare and submit a Contt~~ct tar
Prolessional Services utilizing the City of Port r\rihw~ contri~ct. Shoidd yon have any questions or
require additional information. please (lo not hesitate to contact our office.
F..dward A. Long, .Ir., PC
BOB SHAW CONSULT!
EXHIBIT "B"
Engineer's Billing Rates
For Personnel/Equipment/Reimburseables
Page 16 `
ACCEPTED:
CITY:
CITY OF PORT ARTHUR, TEXAS
MAYOR
DA'
PROPOSED AND AGREED TO:
ENGINEER:
DATE:
ATTEST:
APPROVED AS TO FORM:
ATTEST:
City Secretary
City Attorney
ACCEPTED:
City Manager
DATE:
Page'17
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 subcohtractors 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. Shoo DraWInQS 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.
Page'18
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, 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
Page'19
other Project related documents.
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.
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 majortest, 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.
il. Certificates riamLenance anu ..N~~a~•~•• •-••-••---•-
During the course of the work,. venfy 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--
orcorrection.
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..
- Page 20
^
~, Limitations of Authority
Except upon written instructions of ENGINEER,. Resident Project
Representative: rove
1. Shall not authorize any deviation from the Contract Documents or app
any substitute materials or equipment.
2. Shall .not exceed limitations on ENGINEER'S authority as set forth in thee:
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. recautions and
5. Shall not advise on or issue. directions as to safety p
programs in connection with the w ~„e Pro ect in whole or in part.
6. Shall not authorize CITY to occupy ] ,
7. Shall not participate in specialized field or laboratory tests.
Page 21
EXHIBIT ~~C"
List of Subcontracted Engineers
",
Page 22
CONTRACT FOR PROFESSIONAL SERVICES
- (FEDERAL/STATE FUNDS)
PART II -TERMS AND CONDITIONS
L 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. Termi_ n_ at!on f°r 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
Page 23
herein, the Consultant wi-I 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. Pere
A. The Consultant represerits that he has, or -will secure. at his own expense, alf
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 shalF be specified by written Contractor agreement and
shall be subject to each provision of this Contract.
Page 24
i
4. Assia~ ii!~
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
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 permissiori to destroy them ~is granted by the City.
8 Findings Confidential.
All of the reports, information, data, etc., prepared or assembled by the Consultant
Page 25
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 Coavriaht.
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.
it. Equal EmolovmentOpportunity.
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
Page 26
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
consideratiori 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 tu7 ~~ ~~~~ ...,....... --
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. COn7Dnancc wu.~
Income Persons.
Page 27
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 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
even lower income residents of the project area and
employment be g'
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
Page 28
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
licants for employment or training.
employees and app' subcontract for
d, The Consultant will include this Section 3 clause in every licant
work in connection with the project and will, at the direction of the app
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
ro ect, binding upon the
federal .financial assistance provided to the p j
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
Page 29
federal assistance is provided, and to such sanctions as are specified by 24
CFR 135."
15. Handicaaaed ~Workersl
a. The Contractor will not discriminate against any employee or applicant for
employment because of physical or mental 'handicap in regard to any
position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: Employment; upgrading,
demotion or transfer, recruitment, advertising, layoff or termination ,rates
of pay or other forms of compensation, and selection for training,
including apprenticeship.
b. The Contractor agrees to comply with the rules, regulations, and relevant orders
of the Secretary of Labor issued pursuantto 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
Page 30
tractor's obligation under the. law to take affirmative action to employ and
Con to ees and applicant for
advance in employment qualified handicapped emp Y
employment, and the rights of applicants and employees.
ctor will notify each labor union or representative of workers with
e. The Contra
which it has a collective bargaining agreement or other contract understanding,
atthe Contractor is bound by the terms of Section 503 of the Rehabilitation Act
th to and advance in
of 1973, and is committed. to take affirmative action to emp Y
employment physically and mentally handicapped individuals.
f, The Contractor will include the provisions of. this clause in every
2 500 or more unless exempted by
subcontract or purchase order of $ ,
issued pursuant to Section
rules, regulations, or orders of the Secretary
u on each
503 of the Act, so that such provisions will be binding P
subcontractor or vendor. The. Contractor will take sucoh o the Off ce
respect to any subcontract or purchase order as the Direct
of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
- .:F ~~a000 0
16. a~~~..... -- ---
pfFirmative Action for ~
ainst any employee or applicant for
a1eTh~ctor will not discriminate ag
employment because he or she is a disabled veteran or veteran oi'ca t
osition for which the emp-oyee or app •
Vietnam Era. in regard to any p rees to take affirmative.
for employment is qualified. The Contractor ag
action to employ, advance in employment and otherwise treat qualified
Page 31
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 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
Page 32
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 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 shalt submit a
report withih 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 filial payment
under the contract, during which time those reports and related
Page 33
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 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 hot 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,
Page 34
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 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
P
Page 35
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 traditionaF 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,- 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
Page 36
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 bf 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.
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
Page 37
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 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.
20. Comaliance 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.
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21. References to Contractor. .
All references to "Contractor" in Part II, Terms and Conditions, shall be
construed. to mean "Consultant" or ""Engineer".
22. Incoraoration 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•
Page 39
Entergy
The Power of People
City Street Light Outage Report Form
Email: lighting. @ entergy.com
Web Reporting:www.entergy.com
FAX: (800) 995-8030
Municipality: City of Port Arthur- Reported By: Katherine Le Blanc
Account Number: 64438 I Phone Number: 409-983-5 180
Date: December I, X009
Codes: 1 -Light Out 2 -Light Burning During Day 3 -Light Cycling On & Off
4 -Other, Please Describe: