HomeMy WebLinkAboutRes 2024-02-1601 Contract with Huitt-Zollars, Inc for Engineering Design to the TXCDBG Riggins St. Reconstruction ProjectCITY OF ANNA, TEXAS
RESOLUTION NO. 2,0 �2 4 -- C2- — I aO l
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH
HUITT-ZOLLARS, INC. FOR THE ENGINEERING DESIGN RELATED TO THE TEXAS
COMMUNITY BLOCK GRANT (TxCDBG) RIGGINS STREET RECONSTRUCTION
PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL
SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the asphalt street section in the project area are in need of replacement due
to age and condition of the pavement; and,
WHEREAS, there are funds available for this project from a Texas Community Block
Grand (TxCDBG) awarded to the City of Anna by the Texas Department of Agriculture
(TDA); and,
WHEREAS, Huitt Zollars, Inc. was selected as part of the multi -discipline RFQ to provide
engineering services for roadway design; and,
WHERAS, Huitt Zollars, Inc. has provided the City of Anna with a proposal for engineering
design of the proposed improvements; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a contract in an amount not to exceed $75,000 with Huitt Zollars, Inc. for the engineering
and design of the Riggins Road Reconstruction Project.
That funding for the project shall come from the Texas Community Block Grant funds
and City of Anna EDC/CDC Operating Budget and shall not exceed $75,000.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of February 2024.
ATTEST:
City Secretary, Carrie Land
^ T y
T APPROVED-
iEC1
inn
TEXAS
1913 / Mayor, Nate Pike
LEGEND n
I
® BENEFITAREA U
APPROXIMATE PROJECT LIMITS
0 200'
Scale: 1' = 200'
48" RCP --�
z
C7
C7
o:
EDWARDS ST
RIGGINS ST
CITY OF ANNA
1 1W I /_ 1,.Jl ARS
S WI Fe y. Sulk 1500
Du s. Tens 75240
Pwne(214)871-3311 Fm (214) 87147V
AUGUST 2023 I PROJECT NO:
EXHIBIT
Exhibit A — Proposal
(see following page)
ENGINEERING/ARCHITECTURAL/SURVEYOR SERVICES
PART
AGREEMENT
THIS AGREEMENT, entered into this 241� day of _&ncL&arV2024, by and between
the CITY OF ANNA, hereinafter called the "City", acting herein by City Manager, hereunto
duly authorized, and HUITT-ZOLLARS, INC., hereinafter called "Firm," acting herein by John
Ho, P.E., Vice President.
WITNESSETH THAT:
WHEREAS, the City of Anna desires to reconstruct approximately 1,800 linear of feet of
streets to include the southern portion of Riggins Street, Edwards Street and a street just
north of Edwards Street under the general direction of the Texas Community Development
Block Grant (hereinafter called "TxCDBG") Program administered by the Texas Department
of Agriculture (TDA); and Whereas the City desires to engage Huitt-Zollars, Inc. to render
certain engineering/surveyor/architectural services in connection with the TxCDBG Project,
Contract Number CDV23-0230-2023 CDBG Riggins Street Reconstruction.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
The Firm will perform the services set out in Part II, Scope of Services.
2. Time of Performance - The services of the Firm shall commence on February 1, 2024
In any event, all of the services required and performed hereunder shall be completed
no later than January 31, 2026
3. Local Program Liaison - For purposes of this Agreement, the Assistant City Manager
or equivalent authorized person will serve as the Local Program Liaison and primary
point of contact for the Firm. All required progress reports and communication
regarding the project shall be directed to this liaison and other local personnel as
appropriate.
4. Access to Records - The U.S. Department of Housing and Urban Development (HUD),
Inspectors General, the Comptroller General of the United States, the Texas
Department of Agriculture (TDA), and the City, or any of their authorized
representatives, shall have access to any documents, papers, or other records of the
Firm which are pertinent to the TxCDBG award, in order to make audits, examinations,
excerpts, and transcripts, and to closeout the City's TxCDBG contract with TDA.
5. Retention of Records - The Firm shall retain all required records for three years after
the City makes its final payment and all pending matters are closed.
6. Compensation and Method of Payment - The maximum amount of compensation to be
paid hereunder for application preparation shall not exceed 0.00. The maximum
amount of compensations and reimbursement to be paid hereunder for project
engineering services shall not exceed $ 75,000.00. Payment to the Firm shall be
based on satisfactory completion of identified milestones in Part III - Payment
Schedule of this Agreement.
7. Indemnification — The Firm shall comply with the requirements of all applicable laws,
rules and regulations, and shall exonerate, indemnify, and hold harmless the City and
its agency members from and against any and all claims, costs, suits, and damages,
including attorney's fees, arising out of the Firm's performance or nonperformance of
the activities, services or subject matter called for in this Agreement, and shall
assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation
and income tax laws.
8. Miscellaneous Provisions
a. This Agreement shall be construed under and accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in
Collin County, Texas.
b. This Agreement shall be binding upon and insure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives,
successors and assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
9. Extent of Agreement
This Agreement, which includes Parts IN, [and if applicable, including the following
exhibits/attachments: represents the entire and integrated agreement between the City
and the Firm and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by authorized representatives of both City and the Firm.
IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the
same to be 'yned on t day and year first above written.
BY:
7y of Anna
Ryan Henderson
City Manager
BY:
Huitt-Zollars, Inc.
John Ho, P.E.
Vice President
PART II
SCOPE OF SERVICES
The Firm shall render the following professional services necessary for the development of
the project:
SCOPE OF SERVICES
PHASE 1 —Application Preparation (COMPLETED)
1. Complete application preparation attachments including, but not limited to:
a. Sealed Table 2
b. Budget/project justification
c. Required maps
PHASE 2 — Project Engineering
1. Attend preliminary conferences with the City regarding the requirements of the project.
2. Subcontract with a consultant to prepare a topographic design survey for the project.
3. Subcontract with a consultant to provide consultation and advice for obtaining six (6)
pavement cores. The FIRM will review the core samples and provide necessary
design recommendations.
4. Prepare two plan submittals to the City, preliminary plans (60%) in sufficient detail to
include preliminary plans/profiles, drainage culvert, and cost estimates for the project;
to be completed within 120 days of execution of this Agreement.
5. Furnish the City copies of the preliminary plans (additional copies will be furnished to
the City at direct cost of reproduction).
6. Upon City's review, the Firm will proceed to prepare final plans (100%) with updated
cost estimates for final approval.
7. Furnish the City copies of the final plans (additional copies will be furnished to the City
at direct cost of reproduction).
8. Make periodic visits, no less than every 30 days during the construction period, to the
construction site to observe the progress and quality of the work, to ensure that the
work conforms with the approved plans and specifications, and to determine if the
work is proceeding in accordance with the Agreement. (Assume construction duration
of no more than three (3) months.
9. Furnish the City a written monthly status report at least seven (7) days prior to the
regularly scheduled council/commissioner's court meeting until the project is closed by
TDA. The format for this report is attached to this Agreement as Exhibit 1.
10. Submit detailed drawings and plans/specifications to appropriate regulatory
agency(ies) and obtain clearance.
11. Prepare bid packet/contract documents/advertisement for bids. At the time the bid
packet is completed, the Firm shall also furnish to the City an updated written Estimate
of Probable Costs for the Project.
12. Make 10-day call to confirm prevailing wage decision.
13. Incorporate any and all wage rate modifications or supersedes via bid addendum (if
applicable).
14. Conduct bid opening and prepare minutes.
15.Tabulate, analyze, and review bids for completeness and accuracy.
16.Accomplish construction contractor's eligibility verification through www.SAM.gov.
17. Conduct pre -construction conference and prepare copy of report/minutes.
18. Issue Notice to Proceed to construction contractor.
19. Provide in all proposed construction contracts deductive alternatives where feasible,
so that should the lowest responsive base bid for construction exceed the funds
available, deductive alternatives can be taken to reduce the bid price.
20. Design for access by persons with disabilities for those facilities to be used by the
public in accordance with Public Law 504.
21. Use TDA-approved forms for instructions to bidders, general conditions, contract, bid
bond, performance bond, and payment bond.
22. Consult with and advise the City during construction; issue to contractors all
instructions requested by the City; and prepare routine change orders if required, at no
charge for engineering services to the City when the change order is required to
correct errors or omissions by the Firm; provide price analysis for change orders;
process change orders approved by City and the Firm and submit to TDA for approval
prior to execution with the construction contractor.
23. Review shop and working drawings furnished by contractors for compliance with
design concept and with information given in contract documents (contractors will be
responsible for dimensions to be confirmed and correlated at job site).
24. Resolve all payment requests within 14 days of receipt of signed pay request from the
construction contractor.
25. Based on the Firm's on -site observations and review of the contractor's applications
for payment, determine the amount owed to the contractor in such amounts; such
approvals of payment to constitute a representation to the City, based on such
observations and review, that the work has progressed to the point indicated and that
the quality of work is in accordance with the plans, specifications and contract
documents.
26. Recommend that a 10% retainage is withheld from all payments on construction
contracts until final acceptance by the City and approval by TDA, unless State or local
law provides otherwise.
27. Prepare Certificate of Construction Completion and Clean Lien Certificate. A Clean
Lien Certificate may be prepared for each of the Prime Contractor(s) and each of the
subcontractor(s).
28.Conduct interim/final inspections.
29. Revise contract drawings to show the work as actually constructed, and furnish the
City with a set of "record drawings" plans.
29.The Firm will provide a copy of the final project record drawing(s) engineering
schematic(s), as constructed using funds under this contract. These maps shall be
provided in digital format containing the source map data (original vector data) and the
graphic data in files on machine readable media, such as compact disc (CD), which
are compatible with computer systems owned or readily available to the owner. The
digital copy provided shall not include a digital representation of the engineer's seal
but the accompanying documentation from the Firm shall include a signed statement
of when the map was authorized, that the digital map is a true representation of the
original sealed document, and that a printed version with the seal has been provided
to the City. In addition, complete documentation as to the content and layout of the
data files and the name of the software package(s) used to generate the data and
maps shall be provided to the owner in written form.
SUBCONTRACTS
1. No work under this Agreement shall be subcontracted by the Firm without prior
approval, in writing, from the City.
2. The Firm shall, prior to proceeding with the work, notify the City in writing of the name
of any subcontractors proposed for the work, including the extent and character of the
work to be done by each.
3. If any time during progress of the work, the City determines that any subcontractor is
incompetent or undesirable, the City will notify the Firm who shall take reasonable and
immediate steps to satisfactorily cure the problem, substitute performance, or cancel
such subcontract. Subletting by subcontractors shall be subject to the same
regulations. Nothing contained in this Agreement shall create any contractual relation
between any subcontractor and the City.
4. The Firm will include in all contracts and subcontracts in excess of $150,000 a
provision which requires compliance with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.0 7401-7671q) and the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). The
provisions shall require reporting of violations to TDA and to the Regional Office of the
Environmental Protection Agency (EPA).
5. The Firm will include in all contracts and subcontracts in excess of $150,000
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.
6. The Firm will include in all contracts and subcontracts in excess of $10,000 provisions
addressing termination for cause and for convenience by the City including the manner
by which it will be affected and the basis for settlement.
7. The Firm will include in all contracts and subcontracts provisions requiring compliance
with the following, if applicable:
a. Prime construction contracts in excess of $2,000, compliance with the Davis -Bacon
Act, as amended (40 U.S.C.3141-3144, 3146-3148) as supplemented by Department
of Labor regulations (29 CFR part 5);
b. Prime construction contracts in excess of $2,000, compliance with the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR part 3)
c. Contracts greater than $10,000, the inclusion of the Equal Opportunity clause
provided under 41 CFR 60-1.4(b) (Executive Order 11246);
d. Section 3 of the Housing and Urban Development Act of 1968;
e. Contracts exceeding $100,000, compliance with the Byrd Anti -Lobbying
Amendment (31 U.S.C. 1352);
f. For contracts in excess of $100,000 that involve the employment of mechanics or
laborers, compliance with the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708), including work week requirements and safety conditions for
workers, as supplemented by Department of Labor regulations (29 CFR Part 5);
g. For all contracts and subcontracts, compliance with domestic preference and Build
America, Buy America provisions (Executive Order 14005); and
8. The Firm will include in all negotiated contracts and subcontracts a provision which
indicates that funds will not be awarded under this contract to any party which is
debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549 and 2 CFR Part 2424. A
certification shall be provided and received from each proposed subcontractor under
this contract and its principals.
9. The Firm will include in all negotiated contracts and subcontracts a provision to the
effect that the City, TDA, the Texas Comptroller of Public Accounts, the Comptroller
General of the United States, the U.S. Department of Housing and Urban
Development (HUD), or any of their duly authorized representatives, shall have access
to any books, documents, papers and records of the contractor which are directly
pertinent to that specific contract, for the purpose of making audit, examination,
excerpts, and transcriptions.
10. The Firm will include in all contracts and subcontracts a requirement that the
contractor maintain all relevant project records for three (3) years after the City has
made final payment to the contractor and all other pending matters are closed.
STANDARD OF PERFORMANCE AND DEFICIENCIES
1. All services of the Firm and its independent professional associates, consultants and
subcontractors will be performed in a professional, reasonable and prudent manner in
accordance with generally accepted professional practice. The Firm represents that it
has the required skills and capacity to perform work and services to be provided under
this Agreement.
1. The Firm represents that services provided under this Agreement shall be performed
within the limits prescribed by the City in a manner consistent with that level of care
and skill ordinarily exercised by other professional consultants under similar
circumstances.
2. Any deficiency in Firm's work and services performed under this contract shall be
subject to the provisions of applicable state and federal law. Any deficiency discovered
shall be corrected upon notice from City and at the Firm's expense if the deficiency is
due to Firm's negligence. The City shall notify the Firm in writing of any such
deficiency and provide an opportunity for mutual investigation and resolution of the
problem prior to pursuit of any judicial remedy. In any case, this provision shall in no
way limit the judicial remedies available to the City under applicable state or federal
law.
3. The Firm agrees to and shall hold harmless the City, its officers, employees, and
agents from all claims and liability of whatsoever kind or character due to or arising
solely out of the negligent acts or omissions of the Firm, its officers, agents,
employees, subcontractors, and others acting for or under the direction of the Firm
doing the work herein contracted for or by or in consequence of any negligence in the
performance of this Agreement, or by or on account of any omission in the
performance of this Agreement.
PART III —
PAYMENT SCHEDULE
City shall reimburse the Firm for professional services provided upon completion of the
following project milestones per the following percentages of the lump sum contract amount of
$62,600:
% Of
Milestone
Contract
Fee
• Application preparation
0%
• Submit Preliminary Engineering Plans and Specifications to the City.
40%
• Approval of Plans and Specifications by Regulatory Agency(ies).
30%
• Completion of bid advertisement and contract award.
10%
• Completion of final inspection, acceptance by the City and Final
10%
Closeout Assessment and submittal of "As Builts" to City.
• Completion of final inspection and acceptance by the City.
10%
Total
100%
SPECIAL SERVICES
The fee for all Special Services shall not exceed a total of twelve thousand four hundred
and No/100 Dollars ($ 12,400.00 ). The payment for these Special Services shall be
paid as a lump sum, per the following schedule:
1. The Firm shall be paid upon completion of surveying, necessary field data, the sum of
nine thousand four hundred and No/100 Dollars ($ 9,400.00).
2. The Firm shall be reimbursed the actual costs of necessary testing based on itemized
billing statements from the independent testing laboratory, plus a zero percent (0%)
overhead charge. All fees for testing shall not exceed a total of three thousand and
No/100 Dollars ($3,000.00).
3. The payment requests shall be prepared by the Firm and be accompanied by such
supporting data to substantiate the amounts requested.
4. Any work performed by the Firm prior to the execution of this Agreement is at the
Firm's sole risk and expense.
PART IV
TERMS AND CONDITIONS
1. Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Firm violates any of the
covenants, conditions, agreements, or stipulations of this Agreement, the City shall
have the right to terminate this Agreement by giving written notice to the Firm of such
termination and specifying the effective date thereof, which shall be at least five days
before the effective date of such termination. In the event of termination for cause, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by the Firm pursuant to this Agreement shall, at the
option of the City, be turned over to the City and become the property of the City. In
the event of termination for cause, the Firm shall be entitled to receive reasonable
compensation for any necessary services actually and satisfactorily performed prior to
the date of termination.
Notwithstanding the above, the Firm shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Firm,
and the City may set-off the damages it incurred as a result of the Firm's breach of the
contract from any amounts it might otherwise owe the Firm.
2. Termination for Convenience of the City.
City may at any time and for any reason terminate Contractor's services and work at
City's convenience upon providing written notice to the Contractor specifying the extent
of termination and the effective date. Upon receipt of such notice, Contractor shall,
unless the notice directs otherwise, immediately discontinue the work and placing of
orders for materials, facilities and supplies in connection with the performance of this
Agreement.
Upon such termination, Contractor shall be entitled to payment only as follows: (1) the
actual cost of the work completed in conformity with this Agreement; plus, (2) such other
costs actually incurred by Contractor as are permitted by the prime contract and approved
by City/County. There shall be deducted from such sums as provided in this subparagraph
the amount of any payments made to Contractor prior to the date of the termination of this
Agreement. Contractor shall not be entitled to any claim or claim of lien against
City/County for any additional compensation or damages in the event of such termination
and payment.
3. Chanaes. The City may, from time to time, request changes in the services the Firm
will perform under this Agreement. Such changes, including any increase or decrease
in the amount of the Firm's compensation, must be agreed to by all parties and
finalized through a signed, written amendment to this Agreement.
4. Resolution of Program Non -Compliance and Disallowed Costs. In the event of any
dispute, claim, question, or disagreement arising from or relating to this Agreement, or
the breach thereof, including determination of responsibility for any costs disallowed as
a result of non-compliance with federal, state or TxCDBG program requirements, the
parties hereto shall use their best efforts to settle the dispute, claim, question or
disagreement. To this effect, the parties shall consult and negotiate with each other in
good faith within 30 days of receipt of a written notice of the dispute or invitation to
negotiate, and attempt to reach a just and equitable solution satisfactory to both
parties. If the matter is not resolved by negotiation within 30 days of receipt of written
notice or invitation to negotiate, the parties agree first to try in good faith to settle the
matter by mediation administered by the American Arbitration Association under its
Commercial Mediation Procedures before resorting to arbitration, litigation, or some
other dispute resolution procedure. The parties may enter into a written amendment to
this Amendment and choose a mediator that is not affiliated with the American
Arbitration Association. The parties shall bear the costs of such mediation equally.
[This section may also provide for the qualifications of the mediator(s), the locale of
meetings, time limits, or any other item of concern to the parties.] If the matter is not
resolved through such mediation within 60 days of the initiation of that procedure,
either party may proceed to file suit.
5. Personnel.
a. The Firm represents that he/she/it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the
City.
b. All of the services required hereunder will be performed by the Firm or under its
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 Agreement 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 Agreement.
6. Assignability. The Firm shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the City thereto; Provided, however, that claims for money by
the Firm from the City under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the City.
7. Reports and Information. The Firm, 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 Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement.
8. Records and Audits. The Firm shall insure that the City maintains fiscal records and
supporting documentation for all expenditures of funds made under this contract in a
manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement.
Such records must include data on the racial, ethnic, and gender characteristics of
persons who are applicants for, participants in, or beneficiaries of the funds provided
under this Agreement. The Firm and the City shall retain such records, and any
supporting documentation, for the greater of three years from closeout of the
Agreement or the period required by other applicable laws and regulations.
9. Findings Confidential. All of the reports, information, data, etc., prepared or assembled
by the Firm under this contract are confidential and the Firm agrees that they shall not
be made available to any individual or organization without the prior written approval of
the City.
10. Copyright. No report, maps, or other documents produced in whole or in part under
this Agreement shall be the subject of an application for copyright by or on behalf of
the Firm.
11. Compliance with Local Laws. The Firm shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Firm shall save the
City harmless with respect to any damages arising from any tort done in performing
any of the work embraced by this Agreement.
12. Conflicts of interest.
a. Governing Body. 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 administration, construction, engineering, or implementation of
TxCDBG award between TDA and the City, shall have any personal financial
interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take
appropriate steps to assure compliance.
b. Other Local Public Officials. No other public official, who exercises any functions or
responsibilities in connection with the planning and carrying out of administration,
construction, engineering or implementation of the TxCDBG award between TDA
and the City, shall have any personal financial interest, direct or indirect, in the Firm
or this Agreement; and the Firm shall take appropriate steps to assure compliance.
a. The Firm and Employees. The Firm warrants and represents that it has no conflict
of interest associated with the TxCDBG award between TDA and the City or this
Agreement. The Firm further warrants and represents that it shall not acquire an
interest, direct or indirect, in any geographic area that may benefit from the
TxCDBG award between TDA and the City or in any business, entity, organization
or person that may benefit from the award. The Firm further agrees that it will not
employ an individual with a conflict of interest as described herein.
13. Debarment and Suspension (Executive Orders 12549 and 12689)
The Firm certifies, by entering into this Agreement, that neither it nor its principals are
presently debarred, suspended, or otherwise excluded from or ineligible for
participation in federally -assisted programs under Executive Orders 12549 (1986) and
12689 (1989). The term "principal" for purposes of this Agreement is defined as an
officer, director, owner, partner, key employee, or other person with primary
management or supervisory responsibilities, or a person who has a critical influence
on or substantive control over the operations of the Firm. The Firm understands that it
must not make any award or permit any award (or contract) at any tier to any party
which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension."
Federal Civil Rights Compliance.
14. Equal Opportunity Clause (applicable to federally assisted construction contracts and
subcontracts over $10,000).
During the performance of this contract, the Firm agrees as follows:
a. The Firm will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Firm will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, 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 Firm agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
b. The Firm will, in all solicitations or advertisements for employees placed by or on
behalf of the Firm, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
c. The Firm will not discourage or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
d. The Firm will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
Firm's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
e. The Firm will comply with all provisions of Executive Order 11246 of September 24,
1965, "Equal Employment Opportunity," and of the rules, regulations, and relevant
orders of the Secretary of Labor.
f. The Firm will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Firm's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Firm may be
declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
h. The Firm will include the portion of the sentence immediately preceding paragraph
(a) and the provisions of paragraphs (a) through (h) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Firm will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Firm
becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the Firm may request the
United States to enter into such litigation to protect the interests of the United
States.
15. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall,
on the grounds of race, color, religion, sex, 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.
16. Section 109 of the Housing and Community Development Act of 1974. The Firm shall
comply with the provisions of Section 109 of the Housing and Community
Development Act of 1974. No person in the United States shall on the ground of race,
color, national origin, religion, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
17. Section 504 of the Rehabilitation Act of 1973, as amended. The Firm agrees that no
otherwise qualified individual with disabilities shall, solely by reason of his/her
disability, be denied the benefits of, or be subjected to discrimination, including
discrimination in employment, under any program or activity receiving federal financial
assistance.
18.6ge Discrimination Act of 1975. The Firm shall comply with the Age Discrimination Act
of 1975 which provides that no person in the United States shall on the basis of age be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
19. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (if contract greater than or equal to
$100,000)
The Firm certifies that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining this contract. The
Firm shall disclose any lobbying with non -Federal funds that takes place in connection
with obtaining any Federal award.
20. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.
a. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this contract,
the parties to this Agreement certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
c. The Firm agrees to send to each labor organization or representative of workers
with which the Firm has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of the Firm's
commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
d. The Firm agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Firm will not subcontract with any subcontractor where the Firm
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
e. The Firm will certify that any vacant employment positions, including training
positions, that are filled (1) after the Firm is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the Firm's obligations under 24 CFR part 135.
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future
HUD assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section 7(b).
PART V
PROJECT TIME SCHEDULE
ENGINEERING/ARCHITECTURAUSURVEYOR
PROFESSIONAL SERVICES
Survey/Pavement Core by May 15, 2024
Submit 60% plans by June 30, 2024
Submit 100% plans by July 31, 2024
City Approval by August 31, 2024
Bid Tab and Recommendation by October 31, 2024
City Awards Contract by December 1, 2024
Construction Complete by March 1, 2025
Exhibit 1.
MONTHLY STATUS REPORT
Grant Recipient:
Grant No.:
Project Status:
Date of Last Inspection:
Name of Inspector:
Inspection Description:
Projected Date of Construction Completion:
Amount of Last Pay Request:
Date of Last Pay Request:
Status of Last Pay Request:
List of Subcontractors Onsite
Name
Date Submitted:
Reporting Period:
Date
Cleared by Grant Administrator
*This report may be e-mailed or faxed to the Grant Recipient