HomeMy WebLinkAboutPR 16038: CARROLL & BLACKMAN CONTRACT FOR STORM WATER POLLUTION INDUSTRIAL MANAGEMENT PLAN transit memorandum
Date: 8/13/2010
To: Steve Fitzgibbons, City Manager, City Council
From: Colleen Russell, rofPlanning
Tom Kestranek, Transit Manager
RE: P.R. No. 16038
BACKGROUND:
The Transit Facility is required to maintain a Storm Water Pollution Industrial (SWP3) Management
Plan as set forth by the U.S. Environmental Protection Agency to prevent contamination. A proposal
for the required annual (2010 -2011) Management Services was submitted by Carroll and Blackman,
Incorporated, in the amount not to exceed $4,500. This is referred to as (attachment 1), with the
federal contact clauses added to the proposed contract — Exhibit "A ". Exhibit "B" consists of Dates,
Responsibility and Limitations of Authority as per FTA rulings and is collated with the Certificate of
Standard Form per the City of Port Arthur for Council review. Notes Carroll and Blackman, Inc.
is the Professional Engineering Consultant that was authorised by City Connell to develop and
finalize the Transit Feeltlty Storm Water Prevention Plan.
EMPLOYEE /STAFF EFFECT: None
BUDGETARY/FISCAL EFFECT:
Fifty percent (50%) of the funding will be from the FTA (Federal Transit Administration) and the
other fifty (50%) will be from the City's Transit Fund, The FTA Grant TX90 -X859, Operating Grant
expenditure will be utilized. The line item account is Professional Services (401 -1504. 561.54 -00).
RECOMMENDATION:
The Council is requested to approve proposed resolution 16038, in order that the PA- Transit System
will be authorized to maintain a Management Service Contract with Carroll and Blackman,
Incorporated for the Industrial Storm Water Pollution Plan, in the annual amount not to exceed
54,500.
JA
Attachments
P.R. No. 16038
08/16/2010
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND CARROLL & BLACKMAN, INC. FOR THE
MANAGEMENT OF THE INDUSTRIAL STORM WATER
POLLUTION PREVENTION PLAN FOR THE CITY OF
PORT ARTHUR TRANSIT FACILITIES IN THE AMOUNT OF
54,500 TRANSIT OPERATING GRANT ACCOUNT
NO. 401-1504-561.54-00
WHEREAS, the U.S. Environmental Protection Agency set regulations on construction
activities to prevent contamination through a program known as the National Pollutant Discharge
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 and regulated;
and
WHEREAS, it is necessary to have a Storm Water Industrial (SWP3) Management
Services for the City of Port Arthur Transit Facility located a 320 Dallas Avenue; and,
WHEREAS, Carroll & Blackman, Inc. has submitted a proposal to provide engineering
management services for the Storm Water Pollution Prevention 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 1. Carroll, P.E. President, to provide certain professional engineering
P.R. No. 16038
08/16/2010
management services related to a Storm Water Pollution Prevention Plan (SWP3) for 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, procurement for
professional services are exempted from competitive bidding requirements.
THAT said Contract is an exact duplicate of a standard form contract previously approved
by the City's Law Department except for the provision 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 herby approved.
THAT the total contract amount is not to exceed 54,500, and funding for the management
engineering services contract is provided for under line item Professional Services in Transit
Operating Grant TX 90 -X859, with account number 401 - 1504 - 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 August, A.D. 2010, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
COUNCILMEMBERS:
P.R. No.16038
08/16/2010
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
[ / //S il
City Attorn
APPROVED FOR ADMINISTRATION:
City Manager
Director of Planning
APPROVED AS TO THE AVAILABILITY OF FUNDS:
' w
LI
Director of Finance
EXHIBIT "A"
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL /STATE FUNDS
PART I - AGREEMENT
THIS AGREEMENT, entered into as of this day of ,
20_, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the
"CITY") acting herein by its Mayor, duly authorized by Resolution of the City Council of the
City of Port Arthur and (hereinafter called the
"ENGINEER") acting herein by hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical
and professional services hereafter described in "Scope of Services" or (2) perform certain
work hereafter described in "Scope of Services "; the Parries hereto do mutually agree as
follows:
1. £IPLOYMENT 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 County, Texas.
2. $COPE OF SERVICES
Engineering services in connection with preparation of plans and specifications and
construction phase services, Including all necessary design, surveying, testing and
resident project representation for the following described project(s), to wit:
The services rendered by ENGINEER for the Project to be designed for construction
are divided into three (3) distinct and sequential phases as follows:
1. Preliminary Phase — Preliminary studies, layouts, and cost estimates
2. Design Phase - Preparation of plans, specifications and contract documents
3. Construction Phase - CITY'S representative during bidding construction
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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 SERVICLS
1. PRELIMINARY PHASE
(a) Provide Project Management services to direct, supervise and
coordinate the various Items of work within this Phase, Including
review of activities of subcontracted engineers.
(b) Attend preliminary conference with the CITY and other interested
parties regarding the project In order to further define the work.
(c) Establish the scope of any soil and foundation Investigations or any
special surveys and tests which, In the opinion of the ENGINEER, may
be required, and arrange for such work to be done, for the CITY'S
account.
(d) Prepare a preliminary engineering report on the project In sufficient
detail to Indicate clearly the problems Involved and the alternate
solutions available to the CITY, Including preliminary layouts, and cost
estimates, and setting forth clearly the ENGINEER'S
recommendations. Number of copies of reports not to exceed ten
(10).
2. DESIGN PHASE
(a) Provide Project Management service to direct, supervise and
coordinate the various items of work within this Phase, Including
review of the activities of subcontracted engineers.
(b) Establish the scope of any additional soil and foundation investigations
or any special surveys and tests which, In the opinion of the
ENGINEER may be required for design, and arrange for such work to
be done, for the CITY'S account.
(c) Furnish to the CITY, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as
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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 1s required for design, including photogrammetry, and
related office computations and drafting.
(e) Prepare detailed specifications, contract drawings and bidding
documents to be included in contract documents for construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized construction. The
ENGINEER shall use reasonable skill and care befitting the profession
in preparing cost estimates that will reflect current, local construction
costs.
(g) Furnish the CITY all necessary copies of approved Contract
Documents including notices to bidders and proposal forms, up to
twenty (20) sets.
3. CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and
coordinate the various Items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Assist the CITY in the advertisements of the project for bids.
(c) Assist the CITY In the opening and tabulation of bids for construction
of the Project, and consult with the CITY as the proper action to be
taken, based on the engineering considerations involved.
(d) Assist in the preparation of formal Contract Documents.
(e) Provide routine horizontal and vertical controls for use by Contractor
to do his detailed construction staking.
(f) a.) Make periodic visits to the construction site (as distinguished from
the continuous services of a Resident Project Representative) as
intervals appropriate to the various stages of construction to observe
and to evaluate the progress and quality of work, and to determine In
general If the construction is proceeding in accordance with the
Contract Documents. ENGINEER will work closely with the Resident
Project Representative (when required by CITY) to Insure that
complete, accurate construction records, reports and Information are
being provided and that the quantities and quality of work done by
the Contractor are consistent with the Contract Documents.
b.) Provide services of a Resident Project Representative and other
fleid personnel as required by the City for on- the -site determination of
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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:
(1) Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of material and equipment and other data which
the Contractor submits. This review is for the benefit of the CITY and
covers only general conformance with the information given by the
Contract Documents. The Contractor is to review and stamp his
approval on submittals prior to submitting to ENGINEER, and review
by the ENGINEER does not relieve the Contractor of any responsibility
such as dimensions to be confirmed and correlated at the job site,
appropriate safety measures to protect workers and the public, or the
necessity to construct a complete and workable facility in accordance
with the Contract Documents.
(j) Obtain and reviews monthly the final estimates for payments to
Contractors, furnish to the CITY any recommended payments to
Contractors and assemble written guarantees which are required by
the Contract Documents.
(k) Conduct, in company with the CITY, a final Inspection of the Project
for compliance with the Contract Documents, and submit
recommendations concerning Project status, as it may affect CITY'S
final payment to the Contractor.
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ENGINEER'S compensation for Basic Services shall be as set forth In Paragraph 5.
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B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included In
the Basic Services defined above, shall constitute Additional Services. Unless
included In said Basic Services, Additional Services may Include but are not
limited to the following:
(1) Studies, tests, and process determination to establish basis of design for
water and waste treatment facilities.
(2) Land surveys, and establishment of boundaries and monuments, and related
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, induding field and laboratory tests,
borings, related engineering analyses, and recommendations.
(1.0) Detailed mill, shop and /or laboratory Inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY
to points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty (20) sets.
(13) Preparation of applications and supporting documents for government grants
or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing
for, and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and
related land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the
CITY, redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to Investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information
furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
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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 PERFORMANCt
ENGINEER will proceed immediately upon execution of this Contract with performance
of the services called for under the Basic Services with completion within
calendar days after execution, unless delayed by causes outside the control of ENGINEER,
and will proceed with subsequent work only on authorization by CITY. ENGINEER shall
Immediately submit to CITY In writing evidence of delay satisfactory to the City Engineer's
reasonable discretion, upon which an extension of time equal to the period of actual delay
shall be granted In writing.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the CITY will furnish, without charge, for the use of the Contract
Information, data, reports, records, and maps as are existing, available, and necessary for
the carrying out of the work of the ENGINEER as outlined under "Scope of Services." The
CITY and Its agencies will cooperate with the ENGINEER in every way possible to facilitate
the performance of the work described in this Contract.
5. COMPENSATION AND METHOD OF PAYMENT
A. COMPENSATION
City will pay ENGINEER for work performed and services rendered under Paragraph
2, "Scope of Services" (Basic Services and Additional Services), at the following
rates:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
It is agreed that total fees for Basic Services(Including subcontracted engineering
services as described herein) under this Contract, as defined In Paragraph 2A and
based on the preceding schedule, shall not exceed the sum of $_
4,500.00
B. PAYMENT
ENGINEER will invoice CITY Monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
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and control of ENGINEER as described herein.
CITY agrees to pay ENGINEER at his office the full amount of each such Invoice upon
receipt or as otherwise specified in this Agreement. A charge of one percent per month
shall be added to the unpaid balance of invoices not paid within 31 days after date of
invoice. Approved subcontracted engineers are shown on Exhibit "C" attached hereto and
made a part hereof. The engineer shall pay his subcontractors no later than the tenth day
after he receives payment as required under Chapter 2251 Government Code of the
Revised Civil Statutes of Texas.
6. =WS
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. )JISURANCg
All Insurance must be written by an Insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against Injury and /or
damages which may arise out of or result from operations under this contract, whether the
operations be by himself or by any subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, of the
following types and limits (no insurance policy or certificate of insurance required below
shall contain any aggregate policy year limit unless a specific dollar amount (or specific
formula for determining a specific dollar amount) aggregate policy year limit is expressly
provided In the specification below which covers the particular Insurance policy or
certificate of insurance):
1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of
the City of Port Arthur, its officers, agents and employees.)
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2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall
be applicable.) Products /completed operations coverage must be included, and the
City of Port Arthur, Its officers, agents and employees must be named as an
additional Insured.
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person /$500,000 per occurrence.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $1,000,000.
3. Commercial Automobile Liability Insurance(Including owned, non -owned and hired
vehicles coverages).
a. Minimum combined single limit of $500,000 per occurrence for bodily injury and
property damage.
b. If individual limits are provided minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
4. Contractual Liability Insurance covering the Indemnity provision of this contract
In the same amount and coverage as provided for Commercial General Liability
Policy, specifically referring to this Contract by date, job number and location.
5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of
$250,000 minimum per occurrence /claim /policy year aggregate limits against
ENGINEER for damages arising In the course of, or as a result of, work performed
under this Contract. Coverage shall continue for a minimum of two (2) years after
the ENGINEER'S assignment under this Contract Is completed. Additional
Professional Liability Insurance required Is $
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in
all Information required (including names of insurance agencies, ENGINEER and
insurance companies, and policy numbers, effective dates and expiration dates)
and to date and sign and do all other things necessary to complete and make Into
a valid certificate of Insurance the CERTIFICATE OF INSURANCE Form attached to
and made a part of this Contract, and pertaining to the above listed Items 1,2,3,4,
and 5; and before commencing any of the work and within the time otherwise
specified, ENGINEER shall file said completed Form with the CITY. None of the
provisions in said Form shall be altered or modified in any respect except as herein
expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision
that coverages afforded under the policies will not be altered, modified or cancelled
unless at least fifteen -(15) days prior written notice has been given to the CITY.
ENGINEER shall also file with the CITY valid CERTIFICATE(s) OF INSURANCE on
like form from or for all Subcontractors and showing the Subcontractor(s) as the
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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 L1abllity 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 responsible for the actual supervision of Construction
operations and safety measures involving the work, his employees and the public, but the
ENGINEER will advise the Contractor of any Items requiring the attention and action of the
Contractor.
B. If services Include periodic visits to the site to Inspect work performed by another
Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the
profession to assure that the Contractor performs the work in accordance with Contract
Documents and to safeguard the CITY against defects and deficiencies In the work;
provided, however, ENGINEER does not guarantee or insure the work completed by the
Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-
site observations as an experienced and qualified design professional, he will keep the CITY
informed on the extent of the progress of the work, and advise the CITY of material and
substantial defects and deficiencies In the work of material and substantial defects and
deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise
brought to the ENGINEERS attention In the course of construction, and may, on behalf of
the CITY exercise whatever rights the CITY may have to disapproved work and materials as
failing to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives, ENGINEER will
use the usual degree of care and prudent judgement in the selection of competent Project
Representatives, and the ENGINEER will use Its best efforts to see that the Project
Representatives are on the job to perform their required duties. In performing these duties
and services (described In this sub - paragraph), ENGINEER is responsible for exercising
reasonable care and skill befitting the profession the assure that the Contractor performs
the work in accordance with Contract Documents and to safeguard the City against defects
and deficiencies in the work; provided, however, ENGINEER does not guarantee or Insure
the work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect the
CITY on the Project and work sites and safeguard the CITY against defects and deflclendes
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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 measure s 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 re quirements of all applicable laws, rules, and
regulations In connection with the services of ENGINEER and shall exonerate, indemnify
and hold harmless the CITY, Its officers, agents and all employees from any and all liability,
loss or damage arising out of noncompliance with such laws, rules and regulations; without
limitation, ENGINEER shall assume full responsibility for payments of Federal, State and
Local taxes or contributions Imposed or required under the Social Security, Worker's
Compensation, and Income Tax Laws with respect to ENGINEER'S employees. Further,
ENGINEER shall exonerate, indemnify and hold harmless the CITY, Its officers, agents and
all employees from any and all liability , loss, damages, expenses or claims arising out of
negligence of ENGINEER, Its officers, agents and employees in connection with any of the
work performed or to be performed under this Contract by ENGINEER or as a result of
ENGINEER'S failure to use and employ reasonable skill and care befitting the profession In
accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and
hold harmless the CITY, Its officers, agents, and all employees from any and all liability,
Toss, damages, expenses or claims for infringement of any copyright or patents arising out
of the use of any plans, design, drawings, or specifications furnished by ENGINEER In the
performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of whether
or not said liability , loss, damages, expenses, or claims is caused In part by a party
Indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
CITY OF PORT ARTHUR CARROLL & BLACKMAN, INC
P.O. Box 1089 3120 Fannin St.
Port Arthur, Texas 77641 Beaumont, Texas 77701
Attn:
All notices and communications under this Contract shall be mailed or delivered to CITY
and ENGINEER at the above addresses.
12.
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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 fall to fulfill in timely and proper manner his
obligations under this Contract, or if the ENGINEER shall violate any of the covenants,
agreements, or stipulations of this Contract, the CITY shall thereupon have the right to
terminate this Contract by giving written notice to the ENGINEER of such termination and
specifying the effective date thereof, at least five(5) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, survey,
drawings, maps, models, photographs, and reports prepared by the ENGINEER under this
Contract shall, at the option of the CITY, become CITY's property and the ENGINEER shall
be entitled to receive Just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, the ENGINEER shall not be relieved of liability to the CITY
for damages sustained by the CITY by virtue of any breach of the Contract by the
ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of
setoff until such time as the exact amount of damages due the CITY from the ENGINEER is
determined.
15. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may, at Its convenience, terminate this Contract at any time by giving at least
thirty(30) days notice in writing to the ENGINEER. If the Contract is terminated by the CITY
as provided herein, the ENGINEER will be paid for the time provided and expenses Incurred
up to the termination date. If this Contract is terminated due to the fault of the ENGINEER,
Paragraph 14 hereof relative to termination shall apply.
16. CHANGES
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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. pERSONNI,
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. JtEPORTS 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 RIGHT$
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of
Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be
excluded due to discrimination under any program or activity of the CITY.
The ENGINEER will carry out Its work under this Contract in a manner which will permit
full compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no Interest and shall not acquire any
interest, direct or indirect, in the study area or any parcels therein or any other Interests
which would conflict in any manner or degree with the performance of his services
hereunder.
Pap. 13
The ENGINEER further covenants that in the performance of this Contract, no person
having any such Interest shall be employed.
21. JNCORPORATION 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 its (Name
and Office or Position) shown below, and on behalf of the CITY by its Mayor and City
Manager thereto duly authorized this day of 20
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS CARROLL & BI.ACI�IAN, INC.
Mayor
DATE: DATE:
ATTEST: ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
ACCEPTED:
Papa 14
CITY MANAGER
DATE:
Peps 15
EXHIBIT " A "
Engineer's Billing Rates
For Personnel /equipment /Reimburseables
Papa 1 8
ENGINEERING FEES
2010
Principal - Registered Professional Engineer $170.00 per hour
Senior Project Engineer $155.00 per hour
Senior Electrical Engineer $235.00 per hour
Project Engineer and Registered Professional Land Surveyor $135.00 per hour
Computer Programming Specialist $155.00 per hour
GIS Specialist $120.00 per hour
Senior Environmental Scientist $155.00 per hour
Environmental Scientist $114.00 per hour
Environmental Technician $ 93.00 per hour
Engineer In Training (EIT)
Level 1 $ 93.00 per hour
Level 2 $109.00 per hour
Technician VI (Project Manager, Sr. Designer, Real Property Spec.) $124.00 per hour
Technician V (Designer, Survey Coordinator) $103.00 per hour
Technician IV (Autographics Operator, Office Survey Technician) $ 88.00 per hour
Technician III (Jr. Autographics Operator, Field Survey Party Chief) $ 73.00 per hour
Technician II (Data Entry/Field Survey Technician) S 83.00 per hour
Resident Project Representative $ 91.00 per hour
Secretary/Typist $ 55.00 per hour
Reimbursable expenses such as outside reproduction services, courier service, photo
processing, and sub - consultant services will 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, etc.
Invoices based on these rates or on any other contractual arrangements with Carroll &
Blackman, Inc. are NET 30 DAYS unlees specific arrangements/agreements are made. If
payment is not received within 30 days, project work will proceed at our discretion. Finance
charges will be assessed on overdue accounts at the rata of 2% per month
compounded daily.
Exhibit "A"
ATTACHMENT "1"
SOCPE OF WORK FOR SWP3 MANAGEMENT
ALONG WITH OTHER ENVIRONMENTAL DOCUMENT
REVIEW PRETAINING TO PLANNING PROGRAMS
• Conduct periodic inspections and quarterly visual monitoring at the
facility in compliance with the Multi- Sector General Permit (MSGP).
• Conduct appropriate employee training in compliance with the MSGP.
• Conduct annual records review meeting and develop annual report.
Federally Required Contract Clauses for Professional Services Contracts 1
Table of Contents
1 1 Energy Conservation Requirements
2 Clean Water Requirements
3 Lobbying
4. Federal Changes
5. Clean Air
6 No Government Obligation to Third Parties
7 Program Fraud and False or Fraudulent Statements and Related Acts
8 Termination
9 Government -wide Debarment and Suspension (Non - procurement)
10. Privacy Act
11. Civil Rights Requirements
12. Breaches 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 for Professional Services Contracts 2
1, ENERGY CONSERVATION REQUIREMENTS
42 USC § 6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are 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 are so dependent on the state energy conservation plan The following language
has been developed by FTA.
Energy Conservation - The contractor 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 subredpients 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 PTA 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 Disdosure
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 § 1352(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 Certification 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 Disdosure Act of 1995.
- Use of "Discl 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 o 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 award 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 are forwarded from tier to tier up to the
recipient.
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Federally Required Contract Clauses for Professional Services Contracts 4
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 Standard Form --LLL, "Disclosure Form 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 aubrecipients 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 Contact Clauses for Professional Services Contracts 5
Name and Title of Contractor's Authorized Official
Date
4. FEDERAL CHANGES
49 CFR Part 18
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 directly or by
reference in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and
FTA , as they may be amended or promulgated front 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.
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
regulations 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 consent.
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 consent by 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 31 18 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 PTA 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 Civil 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
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Federally Required Contract Clauses for Professional Services Contracts 7
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be 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 institutions 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 institutions of higher learning.
Model Clause /Language
FTA does not prescribe the form or content of such clauses. The following are suggestions of
dauses 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 contract closeout
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.
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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 comply with 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 reason
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 Arthu after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
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 conditio
If Contractor fails to remedy to City of Port Arth 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 Arth 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. Any such termination for default shall not in any way operate to
preclude City of Port Arthur from also pursuing all available 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 an y covenant, term or condition of this Contract, such
waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for arty succeeding
breach of that or of arty 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 only for
payment under the payment provisions 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 *is 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.
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Federally Required Contract Clauses for Professional Services Contracts 9
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 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 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
resolved under the Dispute dause.
It 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 and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work, The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, 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.
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
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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 directs 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 contact or 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
termination 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 portion 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 termination 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
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Federally Required Contract Clauses for Professional Services Contracts 11
are not the fault of and are beyond the control of the contractor, the City of Port Arthur, 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 PTA recipients and sub -
recipients front contracting for goods and services from organizations that have been
suspended or debarred front 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
transaction" include both contractors and subcontractors and contracts and subcontracts over
$100,000.
Model Clause /Language
(Instructions) The certification 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 Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous - certification, in addition to other
remedies available to the Federal Government, City of Port Arthur may pursue available
remedies, including suspension and /or debarment.
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 learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :" participant," "persons," "lower tier covered transaction," "principal," "proposal,"
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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 tier 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, declared 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 transactions and in all solicitations for lower tier covered transactions.
7, A participant in a covered tr ansaction 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 ma y 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 certification required by this clause. The knowledge
and information 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 transactions 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 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered T ransaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its "principals [as defined at 49 CFR ft 29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
08/09/01
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 regulation, 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 penalties 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 in 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 Parts 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.
08/09/01
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 Pederal 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 regulations
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, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 USC § 2000e, and Pederal 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 construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are 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 any
implementing requirements FTA may issue.
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 15
(3) The Contractor also agrees to include these requirements in each subcontract financed 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
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or . breach
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 earnings,
liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses /Language
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]. In connection 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 directed 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 or
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 if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Port Arthur is
located.
08/09/01
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
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 may be
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
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 arty Contract Agreement resulting from this request for proposal.
If a specific DBE goal is assigned to this Contract Agreement, it will be dearly stated in the
Special Specifications, and if the Contractor is found to have failed to exert sufficient,
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 not
stated in the Special Specifications, it will be understood that no spedfic 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
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 DBEs 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 DBEs have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 17
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 part 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 declare 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 may be reasonable and necessary
to assist the prime Contractor in implementing their programs for DBE participation. 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 least 51 percent of the stock of
which is owned by one or more socially and economically disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it
or
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
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 DISCLAIMER
Applicability to Contracts '
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited 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 govemed 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
PTA Circular 4220.1D
Applicability to Contracts
The incorporation of PTA terms applies to all contracts.
Flow Down
The incorporation of PTA terms has unlimited flow down.
Model Clause /Language
FTA has developed the following incorporation of te nse 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 contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1D, dated April 15, 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
td!ry of run Mnnuy
(Law Department)
•
`(Required Form) DO-11131T B
(7/8/68)
(10/5/89) •
(3/15/90)
(p2 Revised 9/18/90)
I
CER.TIFICATE OF STANDARD FORM CONTRACT FOR LAW '
DEPARTMENT REVIEW AND CiTY COUNCIL AGENDA
1 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 Law department and adopted as a standard form by City 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 :
pQ Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89 , , '
( 1 Non - Federally Funded Construction Contrael, Revised 1/5/88, 7/89,6/69
pQ Federal • Professional Services • Engineering Contrael, Revised 1/5/88; 5/89 010) 7/89/(§8) ,
11 Non•Federal • Protessional Services • Engineering Contract, Revised 1/5/86, 5/89(510), 7/8908), 4/91 ,
O CDBG - Professional Servtoes - Engineering Contract; Revised 1/5/88, 6/89 (510), 7/89(58)
11 Federal - Prolesslonal Services • Non - Engineering (Consultant) Contract, Revised 1/5/88, 6/89(510), 7/89(58).
11 Non - Federal - Professional Services • Non-Engineering (Consultant) Contract, Revised 1/5/88, / �8 (510), ..
11 CDBG - Professional services = Non•Engineering (Consultant) Contract, Revised 1/5/88, 5/89(510), 7/89(58).
[1Q Other Standard Form Contract, described as follows: �Kbi,►St� „ P
The changes are as follows: (Put an 'X' in the appropriate (1) '
pQ None. • ,
11 The following described provisions at the Indicated page, section, etc, of the standard form have been deleted
from said contract: .
• DELETIONS . . '
ELETIONS '
Page Number Section or Paragraph No. Subsection or .
Whore ' and Caption Subparagraph No.
Deleted Provislon Which and Caption
Is Contains Provision Which Contains Provislon Description of •
Found On Standard Form Deleted From Form petaled From Form provision Deleted ,
•
(Certificate of Standard Form Contract, page 2)
t.
J The following described provisions at the indicated page, section, etc. of the standard form have bean altered,
modified, replaced or otherwise changed:
ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC..,
Page § & caption
sub § & caption, etc,'
Sub § or Sub 4 No. of said Contract
Page No, § or 11 No. & Caption & Caption Description which contains
Where of • of of altered, ato.
Provision Found Standard Form •• Standard Form Provision provision; &
on which which In Description of •
Standard Form Contains Provision Contains Provision Standard Forst Alteration etc;
•
(J The following provisions have been added to Said Contract:
Page, Section and Caption
Subsection and Caption, etc. of Said Contract Which '
Contains the Added Provision and Descriation Thereof
•
•
•
•
•
— 1 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 • 1 '
Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit•'S" and is hereby Incorporated by
reference, and said changes aro 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 Resolution. and Contract.
Signed this 2 5 141 day of Cs NAN ,.1.f'1bio •
4 /
r
Department Head o • '
EXHIBIT "B"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
fienind OF RESIDENT PROJECT REPRESENTATIVE
A.
B.
Resident Project Representative as ENGINEER'S Agent, will act as directed by
and under the supervision of ENGINEER and will confer with the ENGINEER
regarding his actions. Resident Project Representative's dealings In matters
pertaining to the on -site work shall in general be only with ENGINEER and
Contractor, and dealings with subcontractors shall only be through or with the
full knowledge of Contractor. Written communication with CITY will be only
through or as directed by ENGINEER.
Duties and Responsibilities
Resident Project Representative will:
1. Sa Sdulla
Review the progress schedule, Shop Drawing submissions and schedule of
values prepared by Contractor and consult with ENGINEER concerning their
acceptability.
2.
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. Lhasa
a. Serve as ENGINEER'S Ilaison 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 Ilaison with Contractor when Contractor's operations affect
CITY'S on -site operations.
b. As requested by ENGINEER, assist in obtaining from CITY additional
details or information, when required at the job site for proper
execution of the work.
4. ;shoo DrawInas and Samples
a. Keep a record of approved Shop Drawings and samples, receive
samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of their availability for examination.
Page 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. Reiectlon of Defective Work. Insoectlons and
Th
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. Mftdififiellos
Consider and evaluate Contractor's suggestions for modifications in
drawings or specifications and report them with recommendations to
ENGINEER.
8. 111122011
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and sample submissions, reproductions of
original Contract Documents Including all addenda, change orders,
field orders, additional drawings Issued subsequent to the execution
of the Contract, ENGINEER'S clarifications and interpretations of the
Contract Documents, progress reports, and other Project related
documents.
b. Keep a daily diary and a daily report log book, recording hours on the
Page 18
Job
dedu site ctions , weather , Ilst conditions, data offi relative cials to and questions of representatives of extras or
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. RIMS
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 Reaulsitlons
Review applications for payment with Contractor for compliance with the
established procedure for their submission and forward them with the
recommendations to ENGINEER, noting particularly their relation to the
schedule of values, work completed and materials and equipment delivered
at the site but not incorporated in the work.
11. Certificates. Maintenance and Operation Manuals
During the course of the work, verify that certificates, maintenance and
operation manuals and other data required to be assembled and furnished by
Contractor are applicable to the items actually installed; and deliver this
material to ENGINEER for his review and forwarding to OWNER prior to final
acceptance of the work.
12. Completion
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to Contractor a list of observed Items regarding completion or
correction.
b. Conduct final Inspection in the company of ENGINEER, CITY, and
Contractor and prepare a final list of items to be completed or
corrected.
c. Verify that all Items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority
Except upon written instructions of ENGINEER, Resident Project Representative:
Pape 19
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 fleld or laboratory tests.
Page 20
EXHIBIT "C"
List of Subcontracted Engineers
Pip. 21
CONTRACT FOR PROFESSIONAL SERVICES
(FEDERAL /STATE FUNDS)
PART II — TERMS AND CONDITIONS
1. Termination of Contract for Cause
If, through any cause, the Consultant shall fall to fulfill In timely and proper manner his
obligations under this Contract, or If the Consultant (engineer, architect or other
profession) shall violate any of the covenants, agreements, or stipulations of this Contract,
the City shall thereupon have the right to terminate this Contract by giving written notice to
the Consultant of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Contract shall, at the option of the City, become
CITY'S property and the Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by the Consultant
and the City may withhold any payments to the Consultant for the purposes of set -off such
time as the exact amount of damages due the City from the Consultant Is determined.
2. Termination for Convenience of the Citv
The City may terminate this Contract at any time by giving at least thirty (30) days notice
In writing to the Consultant. If the Contract is terminated by the City as provided herein,
the Consultant will be paid for the time provided and expenses incurred up to the
terminated date. If this Contract Is terminated due to the fault of the Consultant, Paragraph
Page 22
1 h ereof relative to termination shall apply.
2 . gliillatis
The City may, from time to time, request changes In the Scope of Services of the
Consultant to be performed hereunder. Such changes, Including any increase or decrease
in the amount of the Consultant's compensation, which are mutually agreed upon by and
between the City and the Consultant, shall be Incorporated In written amendments to this
Contract.
3. Personnel
A. The Consultant represents that he has, or will secure at his own expense, all
personnel required In performing the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the City.
B. All of the services required hereunder shall be performed by the Consultant or
under his supervision and all personnel engaged In the work shall be fully qualified
and shall be authorized or permitted under State and local law to perform such
services.
C. None of the work or services covered by this Contract shall be subcontracted
without the prior written approval of the City. Any work or services subcontracted
hereunder shall be specified by written Contract or agreement and shall be subject
to each provision of this Contract.
4. AulanablIIty
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
Page 23
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. Retorts and Information
The Consultant, at such times and in such forms as the City may require, shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Contract, the costs and obligations incurred or to be incurred In connection
therewith, and any other matters covered by this Contract.
7. Records and Audits
The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to Identify and account for all costs pertaining to the Contract
and such other records as may be deemed necessary by the City to assure proper
accounting for all project funds, both Federal /State and Non - Federal /State shares. These
records will be made available for audit purposes to the City or any authorized
representative, and will be retained for not less than five (5) years after the expiration of
this Contract unless permission to destroy them Is granted by the City.
8. Findinas Confidential
All of the reports, information, data, etc., prepared or assembled by the Consultant under
this Contract are confidential and the Consultant agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
9. Coovrlaht.
Page 24
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 Law,
The Consultant shall comply with all applicable laws, ordinances, and codes of the State
and Iocal governments, and the Consultant shall save the City harmless with respect to any
damages arising from any tort done in performing any of the work embraced by this
Contract.
11. Faual Emolovment Opp
During the performance of this Contract, the Consultant agrees as follows:
a. Consultant will not discriminate against any employee or applicant for
employment because of sex, race, creed, color, or national origin. The Consultant
will take affirmative action to ensure that applicants are employed, and the
employees are treated, during employment, without regard to their sex, race, creed,
color, or national origin. Such action shall Include, but not be limited to, the
following: Employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Consultant
agrees to post In conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this
nondiscrimination clause.
b. The Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of the Consultant, state that all qualified applicants will receive
Page 26
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 Riaht. 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 Houslna and Community DeveIODment 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. Comollance with Emolovment O000rtunitles for Businesses and Lower
income Persons,
The Consultant shall comply with the regulations of Section 3 of the Housing and Urban
Development Act of 1968. A copy of the Federal Register, Title 24 part 135.20
subparagraph (b) "Section 3 Clause" is made a part of this Contract
a. The work to be performed under this Contract Is on a project assisted under
Pep 26
a program providing State Funds or direct federal financial assistance from the
Department of Housing and Urban Development or other Federal Agencies and Is
subject to the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible, opportunities for training and employment be given
lower income residents of the project area and contracts for work In connection
with the project be awarded to business concerns which are located in, or owned
in substantial part by persons residing in the area of the project.
b. The parties to this Contract will comply with the provisions of Section 3 and
the regulations Issued pursuant thereto by the Secretary of Housing and Urban
Development not forth In 24 CFR Part 135, and all applicable rules and orders of
the Department Issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with those
requirements.
c. The Consultant will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract of
understanding, If any, a notice advising the said labor organization or worker's
representative of his commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
d. The Consultant will Include this Section 3 clause in every subcontract for
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work In connection with the project and will, at the direction of the applicant for
or recipient of federal flnanclal assistance, take appropriate action pursuant to
the subcontract upon a finding that the subcontractor Is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR
131. The Consultant will not subcontract with any subcontractor where It has
notice or knowledge that the latter has bee found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the subcontractor
has first provided It with a preliminary statement of ability to comply with the
requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth In 24
CFR Part 135, and all applicable rules and orders of the Department Issued
thereunder prior to the execution of the Contract, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant or
recipient for such assistance, Its successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, Its contractors and sub-
contractors, Its successors, and assigns to those sanctions specified by the grant
or loan agreement or contract through which federal assistance Is provided, and
to such sanctions as are specified by 24 CFR 135."
15. Section 3 Handicapped (If 325.000 or Over Affirmative Action for
Handicapped Workers)
a. The Contractor will not discriminate against any employee or applicant for
employment because of physical or mental handicap In regard to any position
for which the employee or applicant for employment Is qualified. The
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Contractor agrees to take affirmative action to employ, advance In
employment and otherwise treat qualified handicapped Individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: Employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination , rates of
pay or other forms of compensation, and selection for training, Including
apprenticeship.
b. The Contractor agrees to comply with the rules, regulations, and relevant orders of
the Secretary of Labor Issued pursuant to the Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken In accordance with the rules, regulations,
and relevant orders of the Secretary of Labor issued pursuant to the Act.
d. The Contractor agrees to post In conspicuous places, available to employees and
applicants for employment, notices In a form to be prescribed by the Director,
provided by or through the contracting officer. Such notices shall state the
Contractor's obligation under the law to take affirmative action to employ and
advance In employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
e. The Contractor will notify each labor union or representative of workers with which
it has a collective bargaining agreement or other contract understanding, that the
Contractor Is bound by the terms of Section 503 of the Rehabilitation Act of 1973,
and Is committed to take affirmative action to employ and advance In employment
Page 29
physically and mentally handicapped Individuals.
f. The Contractor will include the provisions of this clause In every subcontract
or purchase order of $2,500 or more unless exempted by rules, regulations,
or orders of the Secretary issued pursuant to Section 503 of the Act, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including action for non - compliance.
16. Section 402 Veterans of the Vie Era (If !10.000 or Over
�(flnm Acti for Di Veterans a nd V ete ra ns of the Vletn
ELL
a. The Contractor will not discriminate against any employee or applicant for
employment because he or she Is a disabled veteran or veteran of the
Vietnam Era In regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to
employ, advance In employment and otherwise treat qualified disabled
veterans and veterans of the Vietnam Era without discrimination based upon
their disability or veteran status In all employment practices such as the
following: Employment upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
b. The Contractor agrees that all suitable employment openings of the
Contractor which exist at the time of the execution of this contract and those
which occur during the performance of this contract, including those not
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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 govemment agencies holding Federal contracts of $10,000 or
more shall also Ilst all their suitable openings with the appropriate office of
the State employment service, but are not required to provide those reports
set forth In paragraphs (D) and (E).
c. Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the use of
any other recruitment source or effort and shall involve the normal
obligations which attach to the placing of a bona flde job order, including the
acceptance of referrals of veterans non - veterans. The listing of employment
openings does not require the hiring of any particular job applicant or from
any particular group of job applicants, and nothing herein is Intended to
relieve the Contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
d. The reports required by paragraph D of this clause shall include, but not be
limited to, periodic reports which shall be flied at least quarterly with the
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appropriate local office or, where the Contractor has more than one hiring
location In a State, with the central office of that State employment service.
Such reports, shall indicate for each hiring location (1) the number of
Individuals hired during the reporting period, (2) the number of nondisabled
veterans of the Vietnam Era hired, (3) the number of disabled veterans of
the Vietnam Era hired, and (4) the total number of disabled veterans hired.
The reports should include covered veterans hired for on- the -job training
under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days
after the end of each reporting period wherein any performance is made on
this contract Identifying date for each hiring location. The Contractor shall
maintain at each hiring location copies of the reports submitted until the
expiration of one year after final payment under the contract, during which
time those reports and related documentation shall be made available, upon
request, for examination by any authorized representatives of the contracting
officer or of the Secretary of Labor. Documentation would include personnel
records respecting job openings, recruitment and placement.
e. Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service system In
each State where it has establishments of the name and location of each
hiring location in the State. As long as the Contractor Is contractually bound
to these provisions and has so advised the State system, there is no need to
advise the State system of subsequent contracts. The Contractor may advise
Page 32
the State system when it Is no longer by this contract clause.
f. This clause does not apply to the listing of employment openings which occur
and are filled outside of the 50 states, the District of Columbia, Puerto Rico,
Guam and the Virgin Islands.
g. The provisions of paragraphs B, C, D and E of this clause do not apply to
openings which the Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and traditional employer -union
hiring arrangement. This exclusion does not apply to a particular opening
once an employer decides to consider applicants outside of his own
organization or employer -union arrangement for that opening.
h. As used In this clause: (1) " All suitable employment openings" includes, but
is not limited to, openings which occur in the following Job categories:
Production and non - production; plant and office; laborers and mechanics;
supervisory and non - supervisory, technical, and executive, administrative,
and professional openings are compensated on a salary basis of less than
$25,000 per year. This term includes full -time employment, temporary
employment of more than three (3) days' duration, and part-time
employment. It does not include openings which the Contractor proposes to
fill from within his own organization or to fill pursuant to a customary and
traditional employer -union hiring arrangement nor openings in an educational
institution which are restricted to students of that institution. Under the most
compelling circumstances an employment opening may not be suitable for
Page 33
listing, including such situation where the needs of the Govemment cannot
reasonably be otherwise supplied, where listing would be contrary to national
security, or where the requirement of listing would otherwise not be for the
best interest of the government. (2) "Appropriate office of the State
employment service system" means the local office of the Federal, State and
local system of public employment offices with original responsibility for
serving the area where the employment opening Is to be filled, including the
District of Columbia, Guam, Puerto Rio, and the Virgin Islands. (3)
"Openings which the Contractor proposes to fill from within his own
organization" means employment openings for which no consideration will be
given to persons outside the Contractor's organization (Including any
affiliates, subsidiaries, and the parent companies) and includes any openings
which the Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary
and traditional employer -union hiring arrangement" mean" employment
openings which the Contractor proposes to fill from union halls, which is part
of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
I. The Contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor Issued pursuant to the act.
j. In the event of the Contractor's noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with the rules,
Page 34
regulations, and relevant orders of the Secretary of Labor Issued pursuant to
the Act.
k. The Contractor agrees to post In conspicuous places, available to employees
and applicants for employment, notices in a form to be prescribed by the
Director, provided by or through the contracting officer. Such notice shall
state the Contractor's obligation under the law to make affirmative action to
employ and advance in employment qualified disabled veterans and veterans
of the Vietnam Era for employment, and the rights of applicants and
employees.
I. The Contractor will notify each labor union or representative of workers with
which It has a collective bargaining agreement or other contract
understanding, that the Contractor Is bound by the terms of the Vietnam Era
Veterans Readjustment Assistance Act, and Is committed to take affirmative
action to employ and advance In employment qualified disabled veterans and
veterans of the Vietnam Era.
m. The Contractor will Include the provisions of this clause In every subcontract
or purchase order of $10,000 or more unless exempted by rules, regulations,
or orders of the Secretary Issued pursuant to the Act, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Director
of the Office of Federal Contract Compliance Programs may direct to enforce
such provisions, Including action for noncompliance.
Page 96
17. Interest of Members of City
No member of the governing body of the City, and no other officer, employee, or
agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal
financial Interest, direct or Indirect, in this Contract; and the Consultant shall
take appropriate steps to assure compliance.
18. interest of Other Local Public Officials.
No member of the governing body of the locality and no other public official of
such locality, who exercises any functions or responsibilities In connection with
the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, In this Contract; and the Consultant shall take
appropriate steps to assure compliance.
19. Interest of Consultant and Employees,
The Consultant covenants that he presently has no interest and shall not acquire
any interest, direct or indirect, In the study area of any parcels therein or any
other interests which would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that In
the performance of this Contract, no person having any such Interest shall be
employed.
20. Compliance with Copeland Anti Kickback Act,
The Consultant shall comply with the applicable regulations of the Secretary of
Page 38
Labor, United States Department of Labor, made pursuant to the so- called "Anti -
Kickback Act" of June 13, 1934 (48 Sta. 948: 62 Stat. 862; Title U.S.C., Section
874; and Title 40 U.S.C., Section 276c), and any amendments or modifications
thereof, shall cause appropriate provisions to be inserted In subcontracts to
Insure compliance therewith by all subcontractors subject thereto, and shall be
responsible for the submissions 'of affidavits required by subcontractors
thereunder, except as said Secretary of Labor may specifically provide for
reasonable limitation, variations, tolerances, and exemptions from the
requirements thereof.
21. References to Contractor,
All references to "Contractor" in Part II, Terms and Conditions, shall be
construed to mean "Consultant" or " "Engineer ".
22. ;ncorooration of Provisions Reauired by Law,
Each provision and clause required by law to be Inserted Into the Contract shall
be deemed to be enacted herein and the Contract shall be read and enforced as
though each were Included herein. If through mistake or otherwise any such
provision is not Inserted or Is not correctly Inserted, the Contract shall be
amended to make such insertion on application by either party.
80
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EXHTB� wgw
PERSONNEL/HOURS /RATES
EQUIPMENT /HOURS RATES
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