HomeMy WebLinkAboutPR 15746: TRANSIT FACILITY STORM WATER POLLUTION PREVENTION PLANMemo
To: Steve Fitzgibbons,.City Manager and City Council
Fmm: Colleen Russell, Planning Director - - -
Date: 3/4/2010
Re: P.R. No. 15746
BACKGROUND:.
The Transit Facility is required to maintain a Storm Water:Pollution Prevention Plan. A
proposal was made by Carroll and Blackman, Incorporated. This is referred to as (attachment
1 and 2), with the federal contract clauses added to the proposed contract -.Exhibit "A".
Exhibit "B" consists of Duties, Responsibility and Limitations ofAuthority as per FTA rulings
and is collated with the Certificate of Standard Form per the City of Port Arthur for Council
review.
EMPLOYEE/STAFF EFFECT: None
BUDGETARY/FISCAL EFFECT:
Eighty percent (80%) of the funding will be from the FTA (federal transit administration) and
the other twenty percent (20%) will be from the City's treasury. The FTA grant TX90-X859,
capital expenditure will be used by line item Professional Services (401-1509-561-54).
RECOMMENDATION:
The Council is asked to approve proposed resolution 15746, so that the PA-Transit System
will be authorized to obtain a Storm Water Pollution Prevention Plan.
Respectfully,
Colleen Russell.
P.R. No. 15746
03/OSR010 CWR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION-0F A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND CARROLL & BLACKMAN, INC. FOR THE
PREPARATION OF A STORM WATER POLLUTION
PREVENTION PLAN FOR THE TRANSIT FACILITY IN
THE AMOUNT OF $5,280.00, TRANSIT ACCOUNT NO.
401-1509-561-54-00 UNDER CAPITAL GRANT TX-90-X859
WHEREAS, the U.S. Environmental Protection Agency set regulations on construction
activities to prevent contamination through a program known as the National Pollutant Dischazge
Elimination System. The Texas Commission on Environmental Quality operates this program
under the Texas Pollutant-Discharge Elimination System; and,
WHEREAS, there are several storm water discharges that are monitored and7egulated;
and,
WHEREAS, it is necessary to develop a Storm Water Pollution Prevention Plan for the
City of Port Arthur Transit Facility located at 320 Dallas Avenue; and,
WHEREAS, Carroll & Blackman, Inc. has submitted a proposal to provide engineering
services related to the implementation of the plan.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City, a contract between the City of Port Arthur and Carroll &
Blackman, Inc. acting through Kim L. Carroll, P.E. President, to provide certain professional
engineering services related to a Storm Water Pollution Prevention Plan for
P.R. No. 15746
03/05/2010 CwR
the transit facility, located at 320 Dallas Avenue, detailed in the Scope of Services (attachment 1)
on said contract, a copy of which is attached and made a part hereof as Exhibit "A".
THAT pursuant to Section 252.022 of the Texas Local Government Code, a procurement
for professional services are exempted from competitive bidding requirements.
THAT said Contract is an exact duplicate of a standazd form contract previously
approved by the City's Law Department except for the provisions as shown in the Certification
of Standard Form Contract, a copy of which is attached hereto and is hereby incorporated by
reference as Exhibit "B".
THAT the above listed deletions and alterations or modifications shown in the Certificate
of Standard Form Contract are hereby approved.
THAT the total contract amount is not to exceed $5,280, and funding for the engineering
services contract is provided for under line item Professional Services in Transit Grant TX.90-
c
X859. with account number 401-1509-561-54-00.
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 Mazch, A.D. 2010, at a
Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
P.R. No. 15746
03/05/2010 CWR
NOES:
Mayor
ATTEST:.
City Secretary
APPROVED AS TO FORM:
O~X._ ~
City Attorney
Director of Plamling
0~
APPROVED AS TO THE AVAILABILITY OF FUNDS:
~~k%i~-i'J~ij~/~~tlL1 !~i/~
Director of Finance
APPROVED FOR ADMINISTRATION:
ATTACHAAENT f
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Fe6ivary i2, 20i0
Tom Kestranak
Transit Manager
324 Uallas Avenue
Pmt Arthur, Texas 77640
ite: PeotteaalforEagieeariagiieav~s
Stma~ Water.PoSgdoaFeeveEtlieaYFsa {&WP3}
Dear Mr. Kestranek:
SubmitleQforyourreviaw+isanm~tii~gfdservi~ford~devetap~nentofaS~nn Wa6er
Poilntiw~ Pcevenda~ Phm fm~ the City of Pat AttturTr~sit facility lot~tted in Port Arthur at 324
I?allas Avenue.
Scope of Work and Deliverables:
• Ce4ductsimvisitanddisa~a3foe~ioaneededarith'ftans~ve~sforffie
caopilaHoa of a Storm tVa[er PolhUion PrevaRitm Pfett;
• Develop site map of facility acemding at tha TCF:Q Mvrti' Cieneisl Permit
• Submit one bound Dopy of the final SWP3 and t>~ anboond campy m City of Pate Arttur
Ttsnsit tepseseaEUives and provide o~rtxview of putt at ~e lima of the soC~ittat.
Casts far this plot will he hiHed a-a time a~ materiels with as estimated eostafS~80.B0.
'These costa will not ba exceeded witltout iaior approval. Time m'If be i-i71ed axordittg to fhe
attached rate sheot.
Again we apptociate your coaaEderatitat ofotu faro fm this prate. ifthis proposal meets wiM your
approval please proves asigpatato aad date below sad tetamtoomoff~ce.
City of Port Arthur Transit Facility
Proposal for SWP3 Development
November 17, 2009
Sincerely,
Carroll & Blacl~an, Inc.
Rick Masters, Sr. Env. Scientist
City of Port Arthur
Date
Date
Attachment
ATTACHMENT2
ENGINEERING FEES
2010
Princ€pal-Registenad Professiarral Engineer .........................................._----•.- $170.Q0 per hour
Senior Project Engineer .........................................................:....................... $t55A0-per hour
Senior Electrical Engineer ..............................................................:............... $235.013 per hour
Project Engineer and Registered Professions! Land Surveyor ....................... $135A0 per hour
Computer Programming Specialist .....................................................•---........ $155.00 per hour
GIS Specialist ...................................... ........................•------....---..:..._.:......... $120:00 per hour
Senior Environmental Scientist ..............:.........................................•-_....-•------ $155.00 per hour
Environmental Scaentist ............................._._.......................-----..................... 5114.00 per hour
Environmental Techntaan ..............................................................•--..._.__._.. 5 93.00 per hour
Engineer !n Training {EfT}
Leve11 .............._......._...................------.......---............._.........---•--............. $ 93.00 per hour
Leve12 .............................•-•- -.........:..........••-_....................-•---..........-----.. $t09.Q0 per hour
Technican VI {Project Adanager, Sr: Designer, Real Property Spec.} ............. $124.00 per hour
Technician V {Designer, Survey Coordinator} ...........................................•---- $103.00 per hour
Technician IV (Autographics Operator, Office Survey Techniaan} ................. $ 8$.00 per hour
Technician 111 {Jr. Autographics Operator, Field Survey Party Chief}.........___ $ 73.00 per hour
Technician 11 (Data EntrylFieid Survey Technician} ........................................ $ 63.00 per hour
Resident Project Representateve .............................................•--......_....._..._... $ 91.00 perhow
Secretary!Typist ...............................................................__........................... ~ 55.00 per hour
Reimbursable expenses such as outside reproducefion services, courser servtce, photo
processing, and suh-corisuttant services anti be invoiced at cost plus 10%.
Rates are adjusted as necessary at the beginning of each calendar year to reflect increases
in cost of operation, inflation, efc.
Invoices based on these rates or an any other contractual arrangements with Carroll 8
Blackman, lnc. are NET 30 F)AYS unless specific anangementslagn~merrfs are made. If
payment is not receirred within 30 days, project work wBl proceed at our disoretian. Ftnarrce
charges -will 6e assessed on overdue accounts at the rate of 246 per month
compounded dally
Exhibit "A"
Total of 38 pages
THE STATE OF TEXAS §
COUNTY OF JEFFERSON. §
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
PART I -AGREEMENT
THIS AGREEMENT, entered into as of this of r" day of MAR ~r
20 /o" by and between the City of Port Arthur, Port Arthur, Texas (hereinafter
called the "CITY'S acting herein by its Mayor, duly authorized by Resolution of the City
Council of the City of Port Arthur and Carroll- & Blackman, Inc.(hereinaftercalled the
"ENGINEER") acting herein by Kim L. Carroll, P.E., President hereunto duly
authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Ehgineer 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
A. Basic Services
SEE ATTACHMENT "1" ATTACHED HERETO AND MADE A PART HEREOF.
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),
Page 1
to wit:
The services rendered by ENGINEER for the Project to be designed for
construction are divided into three (3) distinct. and sequential. phases as follows:
1. Preliminary Phase -Preliminary studies, layouts, and cost estimates
2. Design Phase - Preparation of plans,. specifications and contract
documents
3. Construction Phase - CITY'S representative during bidding construction
Certain elements of the engineering work are covered under the Basic Services;
others are performed as Additional Services. Those elements of the engineering
work which cannot be accurately predetermined; or controlled entirely by the
ENGINEER are performed as Additional Services.
The beginning of each phase of Basic Services or each Additional Service must be
authorized in writing by the CITY. These phases are expanded in the following
outline:
A. BASIC SERVICES
1. PRELIMINARY PHASE
(a) Provide Project Management services to direct, supervise and
coordinate the various items of work within this Phase, including.
review of activities of subcontracted engineers.
(b) Attend preliminary conference. with the CITY and other interested
parties regarding the project in order to further define the work.
(c) Establish the. scope of any soil and foundation investigations or any
special surveys and tests which, in the opinion of the ENGINEER,
may be required, and arrange for such work to be done, for the
CITY'S account.
(d) Prepare a preliminary engineering report on the- project in sufFcient
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
Page 2
coordinate the various items of work within this Phase, including
review of the activities of subcontracted engineers.
(b) Establish the scope of any additional soil and foundation
investigations or any special surveys and tests which, in the opinion
of the ENGINEER may be required for design, and arrange for such
work to be done, for the CITY'S account.
(c) Furnish to the CITY, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents
for government grants-in-aid, or for planning advances).
(d) Perform field surveys to collect information which in the opinion of
the ENGINEER is required for design, including photogrammetry,
and related office computations and drafting.
(e) Prepare detailed specifications, contract drawings and bidding
documents to be included in contract documents for construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized construction. The
ENGINEER shall use reasonable skill and care befitting the
profession in preparing cost estimates that will reflect current, local
construction costs.
(g) Furnish the CITY all necessary copies of approved Contract
Documents including notices to bidders and. proposal forms, up to
twenty (20) sets.
3. CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and
coordinate the various items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Assist the CITY in the advertisements of the project for bids.
(c) Assist the CITY in the opening and' tabulation of bids for
construction of the Project, and consult with the CITY as the proper
action to be taken, based on the engineering considerations
involved.
(d) Assist in the preparation of formal Contract Documents.
(e) Provide routine horizontal and vertical controls for use by
Contractor to do his detailed construction. staking.
(f) a.) Make periodic visits to the construction site (as distinguished
Page.3
from the continuous services of a Resident Project Representative)
as intervals appropriate to the various stages of construction to
observe and to evaluate the progress and quality of work, and to
determine in general if the construction is proceeding in accordance
with the Contract Documents. ENGINEER will work closely with the
Resident Project Representative (when required by CITY) to insure
that complete, accurate construction .records, reports and
information are being provided and that the quantities and quality
of work done by the Contractor are consistent with the Contract
Documents.
b.) Provide services of a Resident Project Representative and
other field personnel as required by the City for on-the-site
determination of the quantities and quality of the work done by the
Contractor, and to provide construction records, reports and
information to the ENGINEER or Project Engineer.
Duties, responsibilities and limitations of authority of Resident
Project Representative are more fully described in Exhibit "B".
(g) Arrange for construction testing as required by the Project, for the
CITY'S account.
(h) Consult and advise with the CITY, issue all instructions to the
Contractor requested by the CITY, and prepare and issue routine
change orders with CITY'S approval.
On matters requiring the CITY's involvement the ENGINEER shall
provide the CITY'S designated representative with all facts germane
to such matters along with a complete recommendation for the
CITY to consider. Upon the decision of the- CITY, the ENGINEER
shall be notified of the CITY'S decision with instructions to inform
the Contractor. All matters of this nature shall be reduced to
writing for the record as soon as practical.
The ENGINEER shall have other duties in this regard that may be
included in the General Conditions of construction contract
documents:
(i) Review samples, catalog data, schedules, shop drawings,
laboratory, shop and mill tests of material and equipment and other
data which the Contractor submits. This review is for the benefit of
the CITY and covers only general conformance with the information
given by the Contract Documents. The Contractor is to review and
stamp his approval on submittals prior to submitting to ENGINEER,
and review by the ENGINEER does not relieve the Contractor of
Page 4
any responsibility such as dimensions to be confirmed and
correlated at the job site, appropriate safety measures to protect
workers and the public, or the necessity to construct a complete
and workable facility in accordance with the Contract Documents.
(j) Obtain and reviews monthly the final estimates for payments to
Contractors, furnish to the CITY any recommended payments to
Contractors and assemble written guarantees which are required by
the Contract Documents.
(k) Conduct, in company with the C1TY, 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..
Page 5
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in
the Basic Services defined above, shall constitute Additional Services. Unless
included in said Basic Services, Additional Services may include but are not
limited#o the following:
(1) Studies, tests, and process determination to establish basis of design for
water and waste treatment facilities.
. (2) Land surveys, and establishment of boundaries and monuments, and
related office computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments(estimated construction cost less than
$100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third
parties, arising from the development or construction of the Project,
including preparation of engineering data and reports.
(8) Special investigations involving detailed consideration of operation,
maintenance and overhead. expenses; preparation of rate schedules;
earnings. and expense statements; special feasibility studies; appraisals;
evaluations; and material audits or inventories required for certification of
force account construction performed by the CITY.
(9) Special soil and. foundation investigations, including field and laboratory
tests, borings, related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the
CITY to points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty (20) sets.
(13) Preparation of applications and supporting documents for government
grants or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in
preparing for, and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and
related land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by
the CITY, redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information
furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and training
of personnel and assistance in operation of facilities.
Page 6
(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
365 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 °2" 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 $5,280.00, without prior written authorization.
B. PAYMENT
Page 7
ENGINEER will invoice CITY Monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
and control of ENGINEER as described herein.
CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon
receipt or as otherwise specified in this Agreement. A charge of one percent per month
shall be added to the unpaid balance of invoices not paid within 31 days after date of
invoice. Approved subcontracted engineers are shown on Exhibit "C" attached hereto
and made a part hereof. The engineer shall pay his subcontractors no later than the
tenth day after he receives payment as required under Chapter 2251 Government Code
of the Revised Civil Statutes of Texas.
6. RECORDS
ENGINEER shall keep accurate records, including time sheets and travel vouchers, of
all. time and expenses allocated to performance of Contract work. Such records shall be
kept in the office of the ENGINEER for a period of not less than five (5) years and shall
be made available to the CITY for inspection and copying upon reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents, including. original drawings, estimates, specifications, field notes and
data are property of CITY. ENGINEER may retain reproducible copies of drawings and
other documents.
All documents, including drawings and specifications prepared by ENGINEER are
instruments of service in respect to the project. They are not. intended or represented
to be suitable for reuse by CITY or others on extensions of the Project or on any other
project without written verification or adaption by ENGINEER for the specific purpose
intended. Any such verification or adaption .will entitle ENGINEER to further
compensation at rates to be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State
of Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own
expense, purchase, maintain and keep. in force insurance that will protect against injury
and/or damages which may arise. out of or result from operations under this contract,
whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable, of the following types and limits (no insurance policy or certificate of insurance
required below shall contain any aggregate policy year limit unless a specific dollar
amount (or specific formula far 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
Page 8
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. Properly 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.
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 $ $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 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)
Page 9
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 befitting the profession in the designs, drawings, plans, specifications, data,
reports and designation of materials and equipment provided by ENGINEER for the
Project covered by this Contract. Approval by CITY shall not constitute nor be deemed
a release or waiver of the responsibility and liability of ENGINEER for the accuracy and
competency of such designs, drawings, plans, specifications, data, reports and
designation of materials and equipment. Contractor will be respdnsible for the actual
supervision of Construction operations and safety measures involving the work, his
employees and the public, but the ENGINEER will advise the Contractor of any items
requiring the attention and action of the Contractor.
B. If services include periodic visits to the site to inspect-work performed. by another
Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting
the profession to assure that the Contractor performs the work in accordance with
Contract Documents and to safeguard the CITY against defects and deficiencies in the
work; provided, however, ENGINEER does not guarantee or insure the work completed
by the Contractor. During visits to the construction site, and on the basis of the
ENGINEER'S on-site observations as an experienced and qualified design professional,
he will keep the CITY informed on the extent of the progress of the work, and advise
the CITY of material and substantial defects and deficiencies in the work of material
and substantial defects and deficiencies in the work of Contractors which are discovered
by the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of
construction, and may, on behalf of the CITY exercise whatever rights the CITY may
have to disapproved. work and materials as failing to conform to the Contract
Documents.
C. In connection with the services of Resident Project Representatives, ENGINEER
will use the usual degree of care and prudent judgement in the selection of competent
Project Representatives, and the ENGINEER will use its best efforts to see that the
Project Representatives are on the job to perform their required duties. In performing
these duties and services (described in this sub-paragraph), ENGINEER is responsible
for exercising reasonable care and skill befitting the profession the assure that the
Contractor performs the work in accordance with Contract Documents and to safeguard
the City against defects and deficiencies in the work; provided, however, ENGINEER
Page 10
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 C1TY,
its officers, agents and all employees from any and. all liability, loss, damages, expenses
or claims arising out of negligence of ENGINEER, its officers, agents and employees in
connection with any of the work performed or to be performed under this Contract by
ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and
care befitting the profession in accordance with paragraph 9 hereof: Further, ENGINEER
shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all
employees from any and all liability, loss, damages, expenses or claims for infringement
of any copyright or patents arising out of the use of any plans, design, drawings, or
specifications furnished by ENGINEER in the performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of
whether or not said liability, loss, damages, expenses, or claims is caused in part by a
party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY:
CITY OF PORT ARTHUR
Public Works Department
P.O. Box 1089
Port Arthur, Texas 77641
Attn: Ross E. Blackketter, P.E.
ENGINEER:
Carroll & Blackman, Inc.
3120 Fannin St.
Beaumont, TX. 77701
ATTN: Kim L. Carroll, P.E.
Page 11
Director of Public Works President
All notices and communications under this Contract shall be mailed or delivered to
CITY and ENGINEER at the above addresses.
12.
Each paragraph of this Contract has been supplied with a caption to serve only as a
guide to the contents. The caption does not control the meaning of any Paragraph or
in any way determine its interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
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 CIIY'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 CLTY 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
Page 12
The CITY may, at its convenience, terminate this Contract at any time by giving at
least thirty(30) days notice in writing to the ENGINEER. If the Contract is terminated by
the CITY as provided herein, the ENGINEER will be paid for the time provided and.
expenses incurred up to the termination date. If this Contract is terminated due to the
fault of the ENGINEER, Paragraph 14 hereof relative to termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the Scope of Services of the
ENGINEER to be performed hereunder. Such changes, including any increase or
decrease in the amount of the ENGINEER'S compensation, which are mutually agreed
upon by and between the CITY and ENGINEER, shall be incorporated in written
amendments to this Contract.
17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at this own expense, all
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
CITY.
B. All of the services required hereunder shall be performed by the ENGINEER or
under his supervision and all personnel engaged in the work shall be fully
qualified and, if applicable shall be authorized or permitted under State and local
law to perform such services.
C. None of work or services covered by this Contract shall be subcontracted without
the prior written approval of the CITY. Any work or services subcontracted
hereunder shall be specified by written Contract or agreement and shall be
subject to each provision of this Contract.
18. REPORTS AND INFORMATION
The ENGINEER at such times and in such forms as the CITY may require; shall
furnish the CITY such periodic reports it may request pertaining to the work or services
undertaken pursuant to this Contract, including the costs and obligations incurred or to
be incurred. in connection therewith and any other matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised-Civil Statutes of
Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be
excluded due to discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will
permit full compliance by the CITY with the Statute.
Page 13
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 (2) counterparts (each of which is an original) on behalf of
ENGINEER by Kim L. Carroll , P:E. its President (Name and Office or Position) shown
below, and on behalf of-the CITY by its Mayor and City Manager.
ACCEPTED:
CITY:
CITY OF PORT ARTHUR, TEXAS
Mayor
DATE:
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
PROPOSED AND AGREED TO:
ENGINEER:
Carroll & Blackman, Inc.
ATTEST:
Page 14
CITY ATTORNEY
ACCEPTED:.
CITY MANAGER.
DATE:
Page 15
EXHIBIT °A"~
Engineer's Billing Rates
For Personnel/Equipment/Reimburseables
Page 16
`~ Fe~le`rally Requir'ed'CorrtracfClauses for Professional-Seivices'Contracts 1
~-:~ ---
Table of Contents
1 .................:.....Energy Conservation Requirements
2 ....................... Clean Water Requirements
3 ....................... Lobbying
4 .......................Fedeyal Changes `
5 ....................... Clean Air
6 ....................... No Government Obligation to Third Pazties
7 .......................Pyogram Fraud and False or Fraudulent Statements and Related Acts
8 ....................... Termination
9 ....................... Government-wide Debarment arid Suspension (Non-procurement)
10 ..:.................. Privacy Act '
11 ..................... Civil Rights Requirements
12 .....................Byeaches and Dispute Resolution
13 ..................... Disadvantaged Business Enterprises (DBE)
14 ..................... State and Local Law Disclaimer
15 .....................Incorporation of Federal Transit Administration (FTA) Terms
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within this Contract
Agreement. Failure to comply with all requirements could result in the bid being
rejected as non-responsive.
Federally Required Contract Clauses fof Professional Services Contracts
1. ENERGY CONSERVATION REQUIREMENTS
42 USC §6321 et seq.
49 CFR Pazt 18
Applicability to Contracts.
The Energy Conservation requirements aze applicable to all contracts. '
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts
at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements aze so dependent on the state energy conservation plan. The following language
has been developed by FTA.
Energy Conservation -The confractor agrees to comply with mandatory standards and policies
relating. to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
2. CLEAN WATER REQUIREMENTS
33 USC § 1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory requirements.
Clean Water - (1}The Contractor agrees to comply with all applicable standards; orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
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Federally Required Contract Clauses for Professional Services Contracts 3
3. LOBBYING
31 USC ~ 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition
of Rolling Stock/Professional Service.Contract/Operational Service Contract/Turnkey
contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-
Lobbying Amendment, 31 USC § 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7.
Mandatory Clause/Language
-Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, PL 104-65 [to be codified at 2 USC § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 USC § i352(b) (5), as amended by Section 10 of the Lobbying Disclosure Act of
1995, and DOT, implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying.Certiflcation is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995. '
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20; as amended by "Government wide Guidance For New Restrictions on Lobbying,:'
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act
of 1995, PL 104-65 [to be codified at 2 USC § 1601, et seq.] -Contractors who apply or-bid for an
award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal'
contract, grant or any other awazd covered by 31 USC § 1352. Each tier shall also disclose the ;
name of any registrant under the Lobbying Disclosure Act. of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 USC § 1352. Such disclosures aze forwarded from tier to tier up to the
recipient. ,
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Federally Required Contract Clauses for Professional Services Contracts
APPENDIX A, 49 CFR Part 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor]. certifies, to the best of his or her knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a '
Member of Congress in connection with the awarding of any Federal contract, the. making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative ~
agreement, and the extension, continuation, renewal, amendment, or modification of-any `
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any ;
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standazd Form--LLL, "Disclosure Foim to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL `
104-65, to be codified at 2 USC § 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for ,
making or entering into this transaction imposed by 31, USC § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000-and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 USC § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or '
failure.]
The Contractor, .certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 USC § A 3801, et seq., apply to this certification and disclosure; if
any.
Signature of Contractor's Authorized Official '
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Federally Required Contract Clauses for Professional Services Contracts 5
4. FEDERAL CHANGES
49 CFR Part 18
Name and Title of Contractor's Authorized Official
Date
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes -Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed duectly or by
reference in the Agreement (Form FTA MA (6) dated October; 1999) between Purchaser and
FTA , as they maybe amended or promulgated from time to time during the term of this
contract. Contractor's failure to so comply shall constitute a material breach of this contract.
5. CLEAN AIR
42 USC § 7401 et seq.
40 CFR § 15.61
49 CFR Part 18
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
i.
Flow Down
The Clean Air requirements flow down to all subcontracts that exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulafions issued pursuant to the Clean Air Act, as amended, 42 USC § 7401 et seq.. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
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Federally Required Contract Clauses for Professional Services Contracts 6
6. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this ~
concept should flow down to all levels to clarify, to all parties to the contract, that the Federal
Government does not have contractual liability to third parties, absent specific written conserit.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the '
underlying contract, absent the express written consentby the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed. that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
7. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ',
ACTS
31 USC § 3801 et seq.
49 CFR Part 3118 USC § 1001
49 USC § 5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements. '
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civff Remedies Act
of 1986, as amended, 31 USC § 3801 et seq.. and U.S. DOT regulations, "Program Fraud Civil'
Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement. it has made, it makes, it may make, or causes to be made, pertaining to the ,
08/09/01
Federally Required Contract Clauses for Professional Services Contracts
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that maybe applicable, the Contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission;
or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the
right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the. Contractor, to the
extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
8. TERMINATION
49 USC Part 18
FTA Circular 4220.1D
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by the
grantee including the manner by which it will be effected and the basis for settlement. (For
contracts with nonprofit organizations and insttutions of higher education the threshold is
$100,000.) In addition, such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the exception
of contracts with nonprofit organizations and insfitufions of higher Teaming.
Model Clause/ Language
FTA does not prescribe the form or content of such clauses. The following aze suggestions of
clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The City of Port Arthur may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contractcloseout
costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to City of Port Arthur to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Port Arthur, the
Contractor will account for the same, and dispose of it in the manner the City of Port Arthur
directs.
08/09/01
' Federally Required Contract Clauses for Professional Services Contracts 8
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule,. or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to complywith any other provisions of the contract, the City of Port Arthur.
may terminate this contract for default. Termination shall be effected by serving a notice of '
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services'
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Port Arthur that the Contractor had an excusable reasori
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the City of Port Arthur, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
terminafion for convenience.
i
c Opportunity to Cure (General Provision) The City of Port Arthur in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately short.
period of time] in which to cure the defect. In such case, the notice of termination will state the
time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor or written notice from City of Port Arthur setting forth the nature of said breach or
default, City of Port Arthur shall have the right to terminate the Contract without any further;
obligation to Contractor. Ariy such termination for default shall not in any way operate to
preclude City of Port Arthur from also pursuing all avaffable remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The' City of Port
Arthur, by written notice, may terminate this contract, in whole or in.part, when it is in the
Government's interest. If this contract is terminated, the Recipient shall be liable onlyfor
payment under the paymentprovisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the City of Port.Arthur
may terminate this contract for default. The City of Port Arthur shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
08/09%01
Federally Required Contract Clauses for Professional Services Contracts
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the ;
commodities or to perform the services, including delivery services, within the time specified in
this contractor any extension or if the Contractor fails to comply with any other provisions of
this contract, the City of Port Arthur may terminate this contract for default. The City of Port ',
Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be r
resolved under the Dispute clause.
If, after termination for faIlure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City of Port Arthur
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time specified
in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Port Arthur
may terminate this contract for default. The City of Port Arthur shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work acid compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessazy for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipientresulting from the Contractor's refusal or failure to complete the work within
specified tune, whether or not the Contractor's right to proceed with the work is terminated. ;
This liability includes any increased costs incurred by the Recipient in completing the work. i
The Contractor's right to proceed shall not be terminated nor the Contractor charged with '
damages under this clause if- '
1. the delay in completing the work arises from unforeseeable causes beyond the control and'
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and '
2. The contractor, within [10] days from the beginning of any delay, notifies the City of Port ~,
Arthur in writing of the causes of delay. If in the judgment of the City of Port Arthur, the delay
is excusable, the time for completing the work shall be extended. The judgment of the City of
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 10
Port Arthur shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur
may terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The City of Port Arthur shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected (unless the notice drrects otherwise), and (2)
deliver to the Contracting Officer all data; drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contactor otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
terminafion had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The City of Port Arthur may
terminate this contract, or any porfion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the City of Port
Arthur or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The.
Contractor shall account for any property in its possession paid for from funds received from
the City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur If the
termination is for default, the City of Port Arthur may fix the fee, if the contract provides for a
fee, to be paid the contractor in proportion to the value, if-any, of work performed up to the
time of terminafion. The Contractor shall promptly submit its termination claim to the City of
Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid
its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion
to the work performed up to the time of termination. '
If, after serving a notice of termination for default, the City of Port Arthur determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
08/09%01
Federally Required Contract Clauses for Professional Services Contracts 11
are not the fault of and aze beyond the control of the contractor, the City of PortArthur, after ;
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NON-PROCUREMENT)
49 CFR Part 29
Executive Order 12549
Applicability to Contracts-
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub- ,
recipients from contracting for goods and services from organizations that have been
suspended or debarred from receiving Federally assisted contracts.. As part of their applications
each year, recipients are required to submit a certification to the effect that they will not enter
into contracts over $100,000 with suspended or debarred contractors and that they will require
their contractors (and their subcontractors) to make the same certification to them. ~
Flow Down
Contractors are required to pass this requirement on to subcontractors seeking subcontracts
over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered !
transacfion" include both contractors and subcontractors and contracts and subcontracts over
$100,000.
Model Clause/Language
(Instructions) The certificafion and instruction language is contained at 29 CFR. Part 29, '
Appendix B, and must be included in IFB's and RFP's [for inclusion by contractors in their bids
or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded.:,
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Lower Tier Covered Transactions (Third Party Contracts over $100,000).
Instructions for Certificafion
1. By signing and submitting this bid or proposal, the prospective lower tier paztrcipant is
providing the signed certification set out below .
2. The certification in this clause is a material representafion of fact upon which reliance was ~
placed when this transaction was entered into. If it is later determined that the prospecfive 'r
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Govermnent, City of Port Arthur may pursue available ~
remedies, including suspension and/or debament.
3. The prospective lower tier participant shall provide immediate written notice to City of Port
Arthur if at any time the prospective lower tier participant Teams that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The temps "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transactron," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 12
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact City of Port Arthur for assistance in obtaining a copy of those regulations.
5. The prospective lower fier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declazed ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in
writing by City of Port Arthur
6. The prospective lower tier participant further agrees by submitting this proposal that it will'
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and '
Voluntary Exclusion -Lower Tier Covered Transaction", without modification, in all lower tier
covered transacfions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certificafion required by this clause. The knowledge
and informafion of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transacfions authorized under Paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to all remedies available to the Federal Government, City of Port Arthur
may pursue available remedies including suspension and/or debarment.
"Certification Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower
Tier Covered Transaction"
(1) The prospective lower tier parficipant certifies, b}' submission of this bid or proposal, that
neither it nor its "principals" [as defined at 49 CFR § 29.105(p)] is presently debazred,
suspended, proposed for debarment, declared ineligible, or voluntazily excluded from
participation in this transaction by any Federal depaztment or agency.
(2) When the prospective lower. fier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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Federally Required Contract Clauses for Professional Services Contracts 13
10. PRIVACY ACT
5 USC § 552
Applicability to Contracts '
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those'
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their
contracts at every tier. .
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulafion, but has
been developed by FTA.
Contracts Involving Federal Privacy Act Requirements -The following requirements apply to
the Contractor and its employees that administer any system of records on behalf of the Federal
Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including, the civil and criminal penalfies for violation of that Act, apply to those.
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(2) The Contractor also agrees to include these requirements nt each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
11. CIVIL RIGHTS REQUIREMENTS
29 USC § 623, 42 USC § 2000
42 USC§6102, 42 USC§12112
42 USC § 12132, 49 USC § 5332
29 CFR Part 1630, 41 CFR Pazts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
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Federally Required Contract Clauses for Professional Services Contracts 14
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but
FTA has shorten the lengthy text.
Civil Rights -The following requirements apply to the underlying contract
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC
§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49
USC § 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulafions
and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity -The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, Nafional Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq.., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construcfion activifies undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that.
applicants are employed, and that employees aze treated during employment, without regard to
their race, color, creed, national origin, sex, or age. 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. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 USC § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with ary
implementing requirements FTA may issue.
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Federally Required Contract Clauses for Professional Services Contracts 15
(3) The Contractor also agrees to include these requirements in each subcontracbfinanced in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties:
12. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1D
Applicability to Contracts I
All contracts in excess of $100,000 shall contain provisions or conditions which wiII allow for
administrative, contractual, or legal remedies in instances where coritractors violate or breach'r
contract terms, and provide for such sanctions and penalties as may be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earmngs,
liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language i
FTA does not prescribe the form or content of such provisions. What provisions are developed
will depend on the circumstances and the type of contract. Recipients should consult legal
counsel in developing appropriate. clauses. The following clauses are examples of provisions '
from various FTA third party contracts.
Disputes -Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City of
Port Arthur's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy,. the Contractor mails or otherwise furnishes a ~
written appeal to the [title of employee]. hi connecfion with any such appeal, the Contractor ~
shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute -Unless otherwise duected by City of Port Arthur, Contractor
shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages -Should either party to the Contract suffer injury or damage to person of
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies -Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Port Arthur and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration $ the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Port Arthu% is
located. '
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Federally Required Contract Clauses for Professional Services Contracts 16
Rights and Remedies -The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or j
faIlure to act by the City of Port Arthur, (Architect) or Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as maybe ~
specifically agreed in writing. ',
13. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Applicability to Contracts
DEE provisions only apply to all DOT-assisted contracts. Disadvantaged Business Enterprise F
Provision ~
1. The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match ~
projected procurements with available qualified disadvantaged businesses. City of Port
Arthur's goals for budgeted service contracts; bus parts, and other material and supplies for ~
Disadvantaged Business Enterprises have been established by City of Port Arthur as set forth~by
the Department of Transportation Regulations 49 CFR Part 23, March 31,1980, and amended by
Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent
to any Contract Agreement resulting from this request for proposal. ,
If a specific DBE goal is assigned to this Contract Agreement, it will be clearly stated in the
Special Specifications, and if the Contractor is found to have failed to exert sufficient, i
reasonable, and good faith efforts to involve DBE's in the work provided, City of Port Arthur;
may declare the Contractor non-complaint end in breach of Contract Agreement. If a goal is riot
stated in the Special Specifications, it will be understood that no specific goal is assigned to this
Contract Agreement.
(a) Policy - It is the policy of the Department of Transportation and City of Port Arthur that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; shall have
the maximum opportunity to participate in the performance of Contract Agreement financed~in
whole or in part with federal funds under this Contract Agreement. Consequently, the DBE f
requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this
Contract Agreement.
The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Contract Agreement. In this regard, the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall no't
discriminate on the basis of race, color, national origin; religion, sex, age or physical handicap in
the award and performance of subcontracts.
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Federally Required Contract Clauses for Professional Services Contracts 17
i
It is further the policy of City of Port Arthur to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all '~
phases of City of Port Arthur's procurement activities is encouraged.
(b) DBE obligation -The Contractor end its subcontractors agree to ensure that disadvantaged'
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in pazt with federal funds provided under the Contract
Agreement. In that regard, ell Contractors and subcontractors shall take all necessary and ~
reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority ,
business enterprises have the maximum opportunity to compete for end perform contracts..
(c) Where the Contractor is found to have.failed to exert sufficient reasonable and good faith
efforts to involve DBE's in the work provided, the City of Port Arthur may declaze the
Contractor non-complaint end in breach of Contract Agreement.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this Contract Agreement to indicate compliance With City of Port Arthur's DBE
program. These records and documents will be made available et reasonable times and. places)
for inspection by any authorized representative of City of Port Arthur and will be submitted to
City of Port Arthur upon request.
(e) City of Port Arthur will provide affirmative assistance as maybe reasonable and necessary
to assist the prime Contractor in implementing their programs for DBE parficipation. The
assistance may include the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
* Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the Contract Agreement:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically disadvantaged
individuals, or, in the case of any publicly owned business, at least5l percent of the stock of
which is owned by one or more socially and economically disadvantaged individuals; and
ii. Whose management and daily business operafions are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
or
i
iii. Which is et least 51 percent owned by one or more women individuals, or in the case of any
publicly owned business, at least 51 % of the stock of which is owned by one or more women
individuals; and
08/09/01
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Federally Required Contract Clauses for Professional Services Contracts 18
iv. Whose management and daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B -
This section is being developed to reflect the new rule in 49 CFR Part 26.
14. STATE AND LOCAL LAW DLSCLAIMER
Applicability to Contracts
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlirnited flow down.
Model Clause/Language
FTA has developed the following language.
State and Local Law Disclaimer -The use of many of the suggested clauses are not governed by
Federal law, but are significantly affected by State law. The language of the suggested clauses
may need to be modified depending on state law, and that before the suggested clauses are
used in the grantees procurement documents, the grantees should consult with their local
attorney.
15. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1D
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA) Terms -The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contrail provisions. All contractual provisions required by,
DOT, as set forth in FTA Circular 4220.1D, dated Apri115,1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.'•
The Contractor shall not. perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.
08/09/01
i
i
EXHIBTT "B"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. General
Resident Project Representative as ENGINEER'S Agent, will act as directed 6y
and under the supervision of ENGINEER and will confer with the ENGINEER
regarding his actions. Resident Project Representative's dealings in matters
pertaining to the on-site. work shall in general be only with ENGINEER and.
Contractor, and dealings with subcontractors shall only be through or with the
full knowledge of Contractor.. Written communication with CITY will be only
through or as directed by ENGINEER.
B. Duties and Responsibilities
Resident Project Representative will:
1. Schedules
Review the progress schedule, Shop Drawing submissions and schedule of
values prepared by Contractor and consult with ENGINEER concerning their
acceptability.
2. Conferences
Attend pre-construction conferences. Arrange a schedule of progress
meetings and other job conferences as required in consultation with
ENGINEER and notify those expected to attend in advance. Attend meetings,
and maintain and circulate copies of minutes thereof.
3. Liaison
a. Serve as ENGINEER'S liaison with Contractor, working principally
through Contractor's superintendent and assist him in
understanding the intent of the Contract Documents. Assist
ENGINEER in serving as CITY'S liaison with Contractor when
Contractor's operations affect CITY'S on-site operations.
b. As requested by ENGINEER, assist in obtaining from CIII'
additional details or information, when required at the job site for
proper execution of the work.
4. Shoo Drawings and Samples
a. Keep a record of approved Shop Drawings and samples, receive
samples which are furnished at the site by CONTRACTOR, ahd
notify ENGINEER of their availability for examination.
Page 17 ,
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 submission's,
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 arid
interpretations of the Contract Documents, progress reports, and
Page 18
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 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 Ooeration Manuals
During the course of the work, verify that certificates, maintenance and
operation manuals and other data required to be assembled and furnished
by Contractor are applicable to the items actually installed; and deliver
this material to ENGINEER for his review and forwarding to OWNER prior
to final acceptance of the work.
12. Comoletion
a. Before ENGINEER issues a Certificate of Substantial Completioh,
submit to Contractor. a list of observed items regarding completion
or correction.
b. Conduct final inspection in the company of ENGINEER, CITY, and
Contractor and prepare a final list of items to be completed or
corrected.
c. Verify that all items on final list have been completed or corrected
and make recommendations to ENGINEER concerning acceptance:
Page'19
C. Limitations of Authority
Except upon written instructions of ENGINEER, Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents or approve
any substitute materials or equipment.
2. Shall not exceed limitations on ENGINEER'S authority as set forth in the
Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor,
subcontractors or Contractor's Superintendent, or expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless
such is specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and
programs in connection with the work.
6. Shall not authorize CITY to occupy the Project in whole or in part.
7. Shall not participate in specialized feld or laboratory tests.
Page 20
~~ n
EXHIBIT C
List of Subcontracted Engineers
'o
j
Page 21
CONTRACT FOR PROFESSIONAL SERVICES
(FEDERAL/STATE FUNDS)
PART II -TERMS AND CONDITIONS
i. 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 specitying the effective d (te
- r
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.. i
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
I
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.
Page 22
herein, the Consultant will be paid for the time provided and expenses incurred up .to
the terminated date. If this Contract is terminated. due to the fault of the Consultant,
i
Paragraph 1 hereof relative to termination shall apply. .,
2. Chances. i
The City may, from time to time, request changes in the Scope of Services of the
Consultant to be performed hereunder. Such changes, including any increase ;or
decrease. in the amount of the Consultant's compensation, which are mutually agreed
upon by and between the City and the Consultant, shall be incorporated in written
amendments to this Contract.
3. Personnel.
A. The Consultant represents that he has, or will secure at his own expense, all
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with
the City.
I
B. All of the services required hereunder shall be performed by the Consultantor
under his supervision and all personnel engaged in the work shall be fully
t
qualified and shall be authorized or permitted under State and local law to
perform such services. ~
f
C. None of the work or services covered by this Contract shall be subcontracted
without the prior written approval of the City. Any work or services
subcontracted hereunder shall be specified by written Contract or agreement and
shall be subject to each provision of this Contract. ~
Page 23
4. Assignability
The Consultant shall not assign any interest in this Contract, and shall not transfer any
interest in the same. (whether by assignment or novation), without the prior written
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
f
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. I
8. Findings Confidential
All of the reports, information, data, etc., prepared or assembled by the Consultant
i
Page 24
under this Contrail 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. Copvriaht.
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 respeil.to
any damages arising from any tort done in performing any of the work embraced by
this Contrail.
11. Equal Employment Opportunity.
During the performance of this Contract, the Consultant agrees as follows:.
a. Consultant will not discriminate against any employee or applicant for
employment because of sex, race, creed, color, or national origin. The
Consultant will take affirmative ailion 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 25
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
consideration for employment without regard to sex, race, color or national
origin.
c. The Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will
be binding upon each subcontractor, provided that the foregoing provisions shall
not apply to contracts or subcontracts for standard commercial supplies or raw
materials.
12. Civil Rights Act of 1964.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial
assistance
13. Section 109 of the Housing and Communiri Development Act of 1974.
No person in the United States shall on the grounds of race; color, national origin, or
sex be excluded from participation, be denied the benefits if, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
14. Compliance with Employment Opportunities for Businesses and Lower
Income Persons. ~
Page 26
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
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 arid
Urban Development not forth in 24 CFR Part 135, and ell applicable rules arid
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 complyirig
with those requirements.
t
c. The Consultant will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
Page 27
contract of understanding, if any, a notice advising the said labor organization
or worker's representative of his commitments under this Section 3 clause
f
and -shall post copies of the. notice in conspicuous places available. Ito
I
employees and applicants for employment or training. I
d. The Consultant will include this Section 3 clause in every subcontract for
i
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 din
violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR 131.. The Consultant will not subcontract with ai y
subcontractor where it has notice or knowledge that the. latter has bee found
i
in violation of regulations under 24 CFR Part 135 and will not let any
i
t
subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
f
e. Compliance with the provisions of Section 3, the regulations setforth in 24
i
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
I
federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns. Failulre
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 agreementorcontract through. which
j
i
Page 28 !
federal assistance. is provided, and to such sanctions as are specified by 24
CFR 135." i
15. Section 3 Handicauoed lif $25,000 or Over AfFrmative Action for
Handicauoed Workers) ~
a. The Contractor will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any
i
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
t
employment practices such as the following: Employment, upgrading,
f
demotion or transfer, recruitment, advertising, layoff or termination ,rates
i
of pay or other forms of compensation, and. selection for training,
including. apprenticeship.
b. The Contractor agrees to comply with the rules, regulations, and relevant orders
of the Secretary of Labor issued pursuant to the Act. ~
c. In the event of the Contractor's noncompliance with the requirement's of this
i
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 iri 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
i
Page 29
f
Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
F
e. The Contractor will notify each labor union or representative of workers with.
which it has a collective bargaining agreement or other contract understanding,
that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act
of 1973, and is committed tb take affirmative action to employ and advance. in
employment physically and mentally handicapped individuals.
f. The Contractor will include the provisions of this clause in every
subcontract or purchase order of $2,500 or more unless exempted by
rules, regulations, or orders of-the Secretary issued pursuant. to Section
i
503 of the Act, so that such provisions will be binding upon. each
subcontractor or vendor. The Contractor will take such action with
respect .to any subcontract or purchase order as the Director of the Office
i
of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
16.
Vietnam Era.
a. The Contractor wilt not discriminate against any employee or applicant for
i
employment because he or she is a disabled veteran or veteran of the
i
Vietnam Era in regard to any position for which the employee or applicant
I
for employment is qualified. The Contractor agrees to take afFrmative
action to employ, advance in employment and otherwise treat qualified
Page 30
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 useiof
any other recruitment source or effort and shall involve the nornnal
Page 31
obligations which attach to the placing of a bona fide job order, .including.
{
the acceptance of referrals of veterans non-veterans. The listing iof
employment openings does not require the hiring of any particular j b
applicant or from any particular group of job applicants, and nothi ` g
herein is intended to relieve the Contractor from any requirements fin
I
Executive Orders or regulations regarding nondiscrimination din
i
employment. ~
d. The reports required by paragraph D of this clause shall include, but n`ot
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 (i) the
number of individuals hired during the reporting period, (2) the numberbf
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-
i
i
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. ai y
performance is made on this contract identifying date for each hiring
location. The Contractor shall maintain at each hiring location. copies lof
the reports submitted until the expiration of one. year after final payment
i
under the contract, during which time those. reports and related
Page 32
r
documentation shall be made available, upon request, for examination by
any authorized representatives of the contracting officer or of the
i
Secretary of Labor. Documentation would include personnel records
respecting job openings, recruitment and placement ~
r
e. Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service system in
I
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
i
bound to these provisions and has so advised the State system, therefis
i
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. Thin clause does not apply to the listing of employment openings which
i
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 jto
openings which the Contractor proposes to fill from. within his o ~ n
organization or to fill .pursuant to a customary and traditional employer-
t,
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 forthatopening.
h. As used in this clause: (1) "All suitable employment openings" includes,
i
Page 33 I
but is not limited to, openings which occur in the following job categories:
i
Production and non-production; plant and office; laborers and mechanics;
supervisory and non-supervisory, technical, and executive,
and professional openings are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, temporairy
i
employment of more than three (3) days' duration, and part-time
employmeht. It does not include openings which the Contractor propos~ s
to fill from within his own organization or to fill pursuant to a customary
l
and traditional employer-uniori hiring arrangement nor openings in an
i
educational institution which are restricted to students of that institution.
i
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
I
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
I
local office of the Federal, State and local system of public employmint
i
offices with original responsibility for serving the area where the
i
employment opening is to be filled, including. the District of Columbia,.
Guam, Puerto Rico, and the Virgin Islands. (3) "Openings which the
I
Contractor proposes to fill from within his own organization" meains
f
employment openings for which no consideration will be given to persons
I
Page 34
i
i
f
outside the Contractor's organization (including any affiliates, subsidiaries,
i
and the parent companies) and includes any openings which tfj e
i
Contractor proposes to fill, from regularly established "recall" lists. ( )
"Openings which the Contractor proposes to fill pursuant to a customary
and traditional employer-union hiring arrangement" meah" employment
f
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..
The Contractor agrees to comply with the rules, regulations, and relevaint
orders of the Secretary of Labor issued pursuant to the act.
j. In the event of the Contractor's noncompliance with the requirements
this clause, actions for noncompliance may be taken in accordance
the rules, regulations, and relevant orders of the Secretary of Labor
pursuant to the Act.
k. The Contractor agrees to post in conspicuous places; available
employees and applicants. for employment, notices in a form to
prescribed by the Director, provided by or through the contracting
Such notice shall state the. Contractor's obligation under the law to
afFrmative action to employ and advance in employment
disabled veterans and veterans of the Vietnam Era for employment,
the rights of applicants and employees.
I. The Contractor will notify each labor union or representative of workers
r
E
Page 35
i
,.
~~
with which it has a collective bargaining agreement or other contract
understanding, that the Contractor is bound by the terms of the Vietnamm
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.
i
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 wilt take such action with respect to any subcontract for
i
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 Citv.
No member of the governing body of the City, and no other
employee, or agent of the City who exercises any functions or
in connection with the planning and carrying out of the program,. shall
any personal financial interest, direct or indirect, in this Contract; and the.
Consultant shall take appropriate steps to assure compliance.
i
18. Interest of Other Local Public Officials. ,
No member of the governing body of the locality and no other public official
I
Page 36
of such locality, who exercises any functions or responsibilities in connectign
with the planning and carrying out of the program, shall have any persorial
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. Compliance with Copeland Anti-Kickback Act.
The Consultant shall comply with the applicable regulations of the Secretary
r
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 j in
subcontracts to insure compliance therewith by all subcontractors subject
thereto, and shall be responsible for the submissions of affidavits required Iby
subcontractors thereunder, except as said Secretary of Labor may specifically
provide for reasonable limitation, variations, tolerances, and exemptions from
the requirements thereof.
Page 37
21. References to Contractor.
All references to "Contractor" in Part II, Terms and Conditions, shall i e
construed to mean "Consultant" or ""Engineer". I
i
22. Incorporation of Provisions Required by Law.
Each provision and clause required by law to be inserted into the Contract
shall be deemed to be enacted herein and the Contract shall be read al d
I
enforced as though each were included herein. If through mistake nor
otherwise any such provision is not inserted or is not correctly inserted, the
Contract shall be amended to make such insertion on application by eit ker
partY•
80
Page 38
(City of Port Arthur) I
(Law Department) 1
'(Required Form} EXHIBIT B
j7/B/BB)
(10/5189) - - - ~ - - '
(3/15/90) - - ~ ~~
(p.2 Revised 9/18/90)
I
CERTIFICATE OF STANDARD FORM CONK-RACY. FOR LAW
DEPAf?TMENT REVIEW AND CITY COUNCIL AGENDA ~.,
certify that the contract (hereinafter called 'said contract') affixed to the attached "proposed City Council Resolution ,
No. is an exact duplicate of an applicable standard form contract (the title of which is shown below) '
previously approved by the l-aw department and adopted as a standard form by Cily Council Resolution, except for the,
blanks that have been filled in with all necessary information and except for the changes described below.
The title of the applicable standard-form contract is
()Q Federally Funded Construclien Contract, Revised 1/5/88, 7/89, 8/89
j ] Non-Federally Funded Construction Contract, Revised t/5/88, 7/89, 8189
QQ Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/89 (§10) 7/89/(§8) ,
([ Non•Federal -Professional Ser"vices -Engineering Conlracl, Revised 1/5/88, 5/89(§10), 7/89(§8), 4/91
[) CD6G -Processional Services -Engineering Conlracl,-Revised 7/5/88, 5/89 (§10}, 7/89(§8)
[ ] Federal - Prolessional Services -Non-Engineering (Consultant) Contract, Revised.l/5/88, 5/89(§10), 7/89(§8).
() Non-Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10),
7/89(§8)•
[) CDBG -Professional services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89(§8).
[Xf Other Standard Form Contract, described as follows: ~Ktt.t~i'1 " I~~ '
The changes are as follows: (Put en 'X" in the appropriate (])
None.
(] The following described provisions at the indicated page, section, etc. of the standard form have been deleted
from said contract:
DELETIONS
Page Number
Where
Deleted Provision
Is
Found On Standard Form
Section or Paragraph Nb.
end Caption.
Which
Contaihs Provision
Deleted From Form
Subsection or
Subparagraph No.
and Caption
Which Contains Provision
Deleted From Form
Description of
Provision Deleted
' I
(p.2 Revised 9/18/90)
(Certificate of Standard Form Contract, page 2)
] Tha following described provisions at the indicated page, section, etc. of the standard form have been altered, Y
modified, replaced or otherwise changed: >
,,
•. .~
ALTERATIONS, MODIFICATIOIJS, REPIACEMENTS,.ETC.., '
Page No. § or ¶ No. $ Ceplion
Where _ of .
Provision Found Standard Form
on which
Standard Form Contains Provision
Sub § or Sub q No.
$ Caption
of
Standard Form
which
Contains P_ravision
Page.§ $ caption
•• sub § $ caption, etc.
of said contract
bescription which contains
of altered, etc.
Provision provision; $
In ~ Description of
Standard Form Alteretlon etc:
(j The following provisions have been added to Said Contract:
' Page, Section and Capflon
Subsection-and Caption, etc.. of Said Confracf Which
Contains the Added Provision and pescrltifion Thereof
' F
'~I further certify that said attached proposed City Council Resolution contains the following provision:
'That said contract Is art exact duplicate of a City Standard Form Contract except for the changes described in the
Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit"B" and is hereby incorporated by
reference, and said changes are hereby approved.' ,
I understand that this certificate will be relied on by the law Department in reviewing and approving (or rejecting)
as to form and by the City Council In reviewing and adopting (or rejecting) said Resoiutlon.and Contract:
Signed this day of ~~~(yAt~ ,ag- p o
r
Department Head o