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HomeMy WebLinkAboutR-96-52 RESOLUTION NO. R-96-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian entered into Contract Number 96DB-IE-1O- 40-02-C06 with the Florida Department of Community Affairs to obtain Community Development Block Grant (CDBG) funding; and WHEREAS, the City of Sebastian desires to engage a consultant who has special and unique competence and experience in providing the design and construction of improvements financed in whole, or in part, by a CDBG; and WHEREAS, the City of Sebastian has complied with the Consultant's Competitive Negotiation Act; and WHEREAS, the City of Sebastian has selected CRA Engineering, Inc. as a qualified firm to perform the required services; and WHEREAS, the staff of the City of Sebastian has successfully completed negotiations with CRA Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Master Professional Services Agreement, between CRA Engineering, Inc., and the City of Sebastian, attached hereto as Exhibit" A". Section 2. CONFLICT. conflict are hereby repealed. All resolutions or parts of resolutions m Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid Of unconstitutional provision. It shall be further be assumed that the City Council would have enacted the .' " remaindef of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFCTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution -r c:l./UA-4 . ~.LA was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma]. Damp Council member Raymond Halloran Councilmember Richard]. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this 02'1-11-. day of ~~ - , 1996. ---,-- CITY OF SEBASIAN, FLORIDA f (Seal) Approved as to Form and Content: ~ ,S2~-g- Valerie Settles City Attorney BY~"~'- R' ~ Loui R. Cartwright, Mayor .' ~ MASTER PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this ;J'/4.. day of M"'f ,_~, 1996 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "city" and CRA ENGINEERING, INC., a corporation authorized to do business in the State of Florida, with offices located in Tallahassee, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the design and construction of improvements financed in whole, or in part, by a Community Development Block Grant (CDBG) awarded by the Florida Department of Community Affairs (DCA); and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with its procedure for selection of technical consultants; and, WHEREAS, the ci ty and the consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. Aqreement: The Consultant and the city understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing the City of Sebastian for the Community Development Block Grant Project, (hereinafter referred to as "Project"). This Agreement is not an exclusive * agreement and the City may employ other consultants, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. 2. Emplovment of Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant may furnish planning, programming, engineering and technical management services for this project, as specifically assigned by the City from time to time as required in connection with the planning and development of the Project. The services that the Consultant may furnish to the City shall include, but not be limited to, the fOllowing: (1) Planning (2) Programming (3) Preliminary Design (4) Engineering and Architectural Design (5) Bidding or Negotiation Phase (6) Construction Field Engineering, including resident inspection or administration (7) Technical Management Services (8) Special Services relating to Maintenance, Financial, Bonding, Environmental or Land Use Studies, Land Acquisition, Permitting and related studies. (9) Additional Services including, but not necessarily limited to, Engineering Surveys, Property Surveys, Materials Testing and Sub-surface Soil Investigations. (10) Any other services as directed by the city. 2 .' Each individual assignment shall be the subject of a separate agreement, written in the City's standard format for the type of services involved, supplemental to this Agreement, and shall be A designated "Supplemental Agreement No. ..L ", the "number" being in accordance with the sequence in which the assignments are made. The city specifically reserves the right to ~lect which services it requires the Consultant to provide under this Agreement. The breach of any material condition of any Supplemental Agreement by the Consultant shall be considered a breach of a material condition of this Agreement, and shall constitute grounds for the termination by the City of this Agreement and all Supplemental Agreements in effect at the time of the breach. 3 . Prol ect Schedules: The Consultant shall perform the services as specifically established in subsequent Supplemental Agreements in accordance with this Agreement and in a timely manner consistent with the schedules as mutually agreed upon by the City and the Consultant commencing upon written authorization by the City to proceed with the assignment. 4. Joint Coooeration: The closest collaboration and cooperation shall be maintained by the Consul tant wi th representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of work done by the Consultant and of the details thereof. The City shall furnish to the Consultant existing information if requested by the Consultant which is relevant to the execut~on of the Project. The City will have the right to inspect the work of the Consultant at 3 " '. any time. Ei ther party to this Agreement may request and be granted a conference. S. Claims: Claims arising from changes or revisions made by the Consultant at the City's request shall be presented to the city before work starts on the changes or revisions. If the Consultant deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Consultant shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Consul tant a method acceptable to the City for keeping strict account of actual costs, then the Consultant hereby waives its request for such extra compensation. The city is not obligated to pay the Consultant if the City is not notified as described above. The Consultant may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Consultant and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. Termination: The provisions of this Agreement or any Supplemental Agreement may be terminated by the Ci ty with or without cause. If terminated without cause by the city, at least thirty (30) days written notice of such termination shall be given to the Consultant. (I) In the event the City without cause abandons, terminates or suspends this Agreement or a Suppiemental Agreement 4 .' or Agreements, the Consultant shall be compensated for services rendered up to the time of such termination on 'a quantum meruit basis and documents generated by the Consultant shall remain the property of the city as outlined in Paragraph 12. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and da~a prepared by the Consultant under th~s Agreement shall be considered property of the city. The city may enter into an agreement with others for the completion of the work under this Agreement. (3) In the event the city terminates this Agreement for cause, the Consultant shall not be entitled to any compensation under this Agreement. 7. Compensation: The City will pay the Consultant in accordance with the applicable Supplemental Agreement covering the specific assignment involved. For the purposes of this Agreement, average hourly rates, as shown in Attachment II, shall be used as a basis for services. Commencing in 1997, each July 1, appropriate adjustments in salary, overhead and reimbursable rates for Attachment III will be established for the following year by mutual agreement of the parties. Such rates will be used for any Supplemental Agreement executed after the effective date of the new hourly rates. The City may enter into agreements on the basis of lump-sum fees instead of an hourly basis. 8;, pavments: The Consultant shall submit invoices for payment in accordance with the Schedule established in each 5 Supplemental Agreement. The requests for payment shall be in the form and the manner required by the city. The city shall pay the Consultant when it receives payment for the Consultant's services from the CDBG. The Consultant and the city understand and agree that no work shall be compensated for under this Agreement unless such work is covered by a written Supplemental Agreement which is executed by the Consultant and the City and contains a scope of. work, time schedule and compensation schedule. 9. Reimbursement of Costs: The Consultant shall obtain approval from the city Manager prior to incurring any travel or lodging expenses on behalf of the City. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the city of Sebastian policy and Section 112.061 of the Florida Statutes. 10. ~: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend for a period of five (5) years from such date. The city shall have the option to extend this Agreement. If the Agreement is extended, either party has the right to renegotiate the hourly rates for professional services. 11. Covenant Aqainst Continqent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the 6 .' Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 12. Riqht to Work Products: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subj ect to copyright by the Consultant, in the United states or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement or any Supplemental Agreement shall remain the property of the City without restriction or limitation on their use. A set of reproducible drawings shall be provided for the City's files. 13. Personnel: The Consultant represents that it will secure at its own expense all personnel required for services which are necessary under this Agreement. All services under this Agreement shall be performed by the Consultant and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. The City shall have the right of approving 7 " " the proj ect manager to be employed by the Consultant for the services to be rendered under this Agreement. This is a personal service contract and the Consultant shall personally furnish services under this Agreement. Personnel who perform services under this Agreement shall not be employees of the City. 14. Resoonsibilitv of the Consultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of the work. The City's review, approval or acceptance of or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for all damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) The rights and remedies of the city provided for under this Agreement are in addition to any other rights and 8 remedies provided by law. 15. Subcontracts and Assiqnabilitv: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the city Manager. 16. Truth-In-Neqotiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of City and others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or 9 have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. certification of Restrictions on Lobbvinq: The Consultant agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal 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. 19. Access to Records; The City, DCA and any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to a specific Grant Program or supplemental to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Consultant shall maintain all proj ect records for three (3) years after final payment is made and after all other pending matters are closed, whichever is later. 20. Insurance: The Consultant agrees to the covenants and shall provide insurance to the city in accordance with Attachment I, which is incorporated by reference into this Agreement. 21. Interest of contractor: The Consultant covenants that it presently has no interest and shall not acquire any interest, 10 -' direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The consultant shall not undertake any professional work which conflicts with his duties as the city's Consultant without the prior written consent of the city during the term of this Agreement or after the termination-of this Agreement. Any work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 22. Compliance With the Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 23. Public Entity: The Consultant shall file a sworn statement with the city which is Attachment III, stating whether a person or affiliate as defined in Section 287.133 (1), Florida statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 24. Releases: ,Upon the satisfactory completion of any work performed under a work order and prior to final payment under such 11 .' L work order for the work, or prior to settlement upon termination of this Agreement and as a condition precedent theretn, the Consultant shall execute and deliver to the City a release of all claims against the City arising under or by virtue of the work order. 25. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmlass the City, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and jUdgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, its agents or employees, committed in connection with this contract. 26. Druq-Free Workplace: Consultant's drug-free workplace policy is to prohibit in the workplace the unlawful possession, use, dispensation, distribution or manufacture of controlled substances. For purposes of this pOlicy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the company premises unless provided by a company sponsored event. Violation of this policy will result in disciplinary action up to and including termination of employment. Depending upon the dircumstances, other action, including notification of appropriate law enforcement agencies, may be taken 12 .' against any violator of this policy. 27. Special provisions on CDBG Pro;ects:' The Consultant shall comply with the provisions and duties set out in Attachment IV. The Consultant shall comply with all federal and state laws and regulations governing funding of projects with CDBG and DCA funds. 28. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 29. Entiretv: This Agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY: ATTEST: THE CITY OF SEBASTIAN ~J kf~~~~ ~ ath M~ \ Q.\' Hallor n V CMC/AAE, city Clerk BY:~"-~_~~~ Name: ill (J/~ J( r!.Ae TW.eJ't;.4T T i tl e : I7l A-UfJ/f!- / Signed, sealed and delivered in the presence of: CONSULTANT: CRA ENGINEERING, INC. ,~/ Name:'-~ . . ,..----... '., .;----.. :,(-" ;~;/ ) '..... ,~/' / By: wt+l3uA~ 13 Name: ,.l \ \ C ._I,.~ ,=~, -t+~ Name: _ _ . r-' ;=:'u c (.-! -:i ,- k Title: \',(...~..::, \ ,_-c' i I+- 14 SuppleDlental AgreeDlent No. 1 An ACIlMENT I (Insurance) ATTACHMENT I INSURANCE CDBG PROJECTS This is Attachment I, consisting of.L pages, to the Agreement between the Cit\' of Sebastian (OWNER) and CRA En~eerin~. Inc. (ENGINEER), dated . 1996. Initialed by: OWNER ENGINEER ./. The following specific req.uirements for insurance are as follows: 1.1.1. By ENGINEER: 1.1 The limits of liability for the insurance required by the Agreement are as follows: 1. Worker's Compensation 2. Employers Liability 3. General Liability: General Aggregate: Each Occurrence (Bodily Injury and Propeny Damage) 4. Excess Umbrella Liability Each Occurrence: General Aggregate: 5. Automobile Liability: a. Bodily Injury: Each Person: Each Accident: Propeny Damage: Each Accident: or b. Combined Single Limit (Bodily Injury and Propeny Damage): Each Accident Statutory $1.000,000 Each accident $2.000.000 $1.000.000 $ 0 $ 0 $ 0 $ 0 $ 0 $ 300,000 6. Other (specify): $ 300.000 1.1.2 By OWNER: 1. General Liability: $ 2. Propeny Damage Liability Insurance: $ 3. Propeny Insurance: s 4. Other (specify): s 1.2 OWNER and ENGINEER shall each deliver to the other certificates of insurant:e evidencing the coverage indicated. ATTACHMENT n (Hourly Billing Rates for Professional Services) A TT ACHMENT II HOURL Y BILLING RATES FOR PROFESSIONAL SERVICES PRlNCIP.U ........................................................ S100.00 DIRECTOR OF ENGINEERING ........................................ $ 75.00 PROJECT ENGINEER ................................................ $ 65.00 PLA.L'l"NER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $50.00 DESIGNER/CAD OPERATOR........................ .. . ..... . ..... . . . . $ 45.00 mSPECTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36.00 SECRETARY. . . . . . ... . .. . . . . . ... . .. . . . . . . . . . . . ... . . . . . .. . . . . . . . . . . . . . $ 25.00 " '. ATTACHMENT m (public Entity Crbnes) .' ATTACHMENT III PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space (s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy (ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida LegiSlature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3) (d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and .. must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC "OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is Contract No. submi tted wi th Bid, Proposal or for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by CRA ENGINEERING, INC., whose business address is "_.- .... ~ ,~,v'/~ .... ,;.;;.'~~ """'h i ~\\"-',,':" (:1 ,....{ <...,-,..-""'t-....- C' :.- :~.,;(..... .~ and (if applicable) its Federal Employer Identification (FEIN) is ;:. .:: - :;" / ''': 2. C =. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ~:A .) 3. My name is !, ,-<. (:::,'. ." i~11- k (please print name of individual signing) and my relationship to the entity named above is l-'(;"<:::,,,"",-,,,,,,,,,;- 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g) r Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracYr or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or, state trial court of record relating to, charges brought by indictment or information after July 1, 1989r as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a) I Florida Statutesr means: .' .. (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the enti ty and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in anot::2r person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be .a prima facie case that one person controls another person. A person who knowingly enters into a joint venture' with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) / v Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity h,:..; been charged with and convicted of a public entity cr':'.J.le subsequent to July I, 1989, AND (Please indicate which additional statement applies.) , There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There 'has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. " The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) 6tJ/+l3tuJ ~ (Signature) Date: \ ; \ '-/ \ . \ '.:; ~ (.=..~ STATE OF FLORIDA COUNTY OF 1~~J'-"" The foregoing instrument was acknowledged before me this !-.i~--;--; day of ,Ii,' ,~,--,i ----., 1996 by'y. 'r" i-::'j:, C '0 ,- K:.. ,as :-=-';--"" --:,i~"~ ,; -'- of CRA ENGINEERING, INC., a ;:: ,~(- ,~'...' corporation. He~ is personally known to me <X' has preduccd as ielc.ntifiElation i.R~ r'lir'l ( ) did not (X) take an oath. ./ N'~/ .. ~L \ ,e r\ n Ii u...: ','-- +-+- s My Commission Expires: ;:;,! '-' I :..:: c ;:. Commiss ion Number: ' , .~ -:=, :=::: l ! l:) - ~ ATrACHMENT IV (provisions and Duties) ". TRUTH IN NEGOTIATION CERTIFICATE AND AFFIDAVIT STATE OF FLORIDA 5S COUNTY OF _c~' ,: 1',-,' BEFORE ME this day personally appeared I -' I, I.:.. l~l,~~ ',... "__ \ ..) ,-- i'_ as i:"~-,-:,';:',c~,"-"";""" of CRA ENGINEERING, INC., who being duly sworn, deposes and says: The undersigned firm is furnishing this Truth in Negotiation Certificate pursuant to section 287.055 (5) (a) of the Florida Statutes for the undersigned firm to receive a contract for professional services with the CITY OF SEBASTIAN, FLORIDA ("City"). The undersigned firm is a corporation which engages in furnishing professional engineering services and is entering into a contract with the city to provide professional services. The undersigned firm has furnished the city a detailed analysis of the cost of the professional services required for the project. The wage rate information and other factual unit costs which the undersigned firm furnished were accurate, complete and current at the time the undersigned firm and the city entered into the contract for professional services on the project. The contract with the undersigned firm and the City entered into on this project contained a provision that the original contract p~ice and any additions thereto shall be adjusted to' include any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete or non- current wage rates or other factual unit costs and that all such contract adjustments shall be made within one (1) year following the end of the contract. By: tv I-J 3.u{~ 1a~~ before me this . ..~~(' day "J '." I ,-- as who is personally known ~o identification and The forego~ng instrument was acknowledged of !<./..::----- , 1996, by." ,:-' J";: of CRA ENGINEERING, INC. to me or 911.1(,) ha& produce.d who did ( ) did not ()<) take an oa~h). , ~ ,.' :.~ ,." ,,:;': '''': ...) ,r"'" ....... , ---.. ,'.> -. . \"----;;.-fr-~'--. I , . ';' Print~d N~~e! ' Commission Number: My Commission Expires: .. ,"I'f~ .~~:/;.q:~ Julie Ann Watts ;~.,' ,; ',':V GOMMlSSlON # CCS3S113 EXPIRES '1 . ,",A"::,i "" May 4, 2OJO I':', 'o! '\r.~ ,....~ 1l!;W TRO'f FAIN IIIIlIIWQ, 1HC. /":.I..~ ,.,' " ,'''' .r."I~. i,~::;":"~-"3 ,: - ,~. ?. ,:'~: !"::., :..,,: u J.~\.."'(;Y- . . ATTACHMENT V (Scope of Work) - . A TT ACHMENT V SCOPE OF WORK CRA Engineering, Inc. proposes to provide engineering ,services necessary to complete the project. We will work closely with the local officials and staff to maximize the benefits afthe program. Our engineers coordinate with administrators throughout each phase, so. project design and construction comply with all applicable regulations and schedules. CRA Engineering, Inc. will engineer all aspects of the program. Such work will include, but not be limited to, engineering design, preparation of technical specifications and construction documents, cost estimates, permit applications, and assistance in bid and award. This will continue through performance of the construction contract during which CRA Engineers will attend construction conferences and provide construction observation and administration as directed by the local government, according to the Contract for Engineering Services. Topographic and design survey services, and possibly observation services, will be sub-contracted to a local firm. Progress reports to the local officials and staffwill be made at appropriate times. The local government's Citizen Participation Committee will be kept fully informed of the project and its progress. The services to be provided by CRA Engineering are as follows. TASK 1 STUDY AND REPORT. Our engineers will clarify and define the requirements for the project; determine the need for data; and produce a report containing conceptual design, cost estimates, and consideration of alternatives. This step will assure that the project is designed appropriately, according to grant requirements and local needs, with smooth coordination and communication. TASK 2 PRELIMINARY INVESTIGATION. We will obtain necessary information required for project design, including but not limited to soil conditions, surveying, and location of existing utilities. Investigation/survey costs will be additional, beyond our fee. TASK 3 PRELIMINARY DESIGN. W.e will produce preliminary plans for your reVIew. TASK 4 FINAL DESIGN. We will prepare final construction plans and specifications which encompass sound engineering principles. and result in cost-effective improvements. The plans will be submitted to local officials for approval. Cost estimates will be prepared during design. T AS K 5 CITIZEN MEETING. After the review and final approval by both local officials and CRA Engineers, CRA will hold a meeting of the Citizens and affected target area residents (if directed by the local government). CRA will explain the project design, discuss project impacts and project implementation schedule. and receive citizen input. TASK 6 PERMITTING. The project team will prepare and submit any permit application which may be required by local/state regulatory agencies. TASK 7 BID PREPARATION. We will prepare appropriate bid and contract documents for local approval after design plans have been approved. TASK 8 BID AND A WARD. CRA will advenise the project and conduct the pre- bid conferences as needed. CRA will receive contractor bids. and analyze the bid contents. This bid analysis and contract award recommendation will be presented to the local officials. TASK 9 CONTRACT SlJ"'PERVTSION/ADMINISTRATION. Following contract award, the CRA Engineering project team will conduct an in-depth preconstruction conference. Conferences will be held during construction as needed between the CRA engineers, local personnel, and construction personnel. Contractor pay requests will be reviewed for approval, key inspections will be performed, and change orders issued, if necessary. TASK 10 PROJECT OBSERVATION. CRA Engineering will observe the construction on an as-needed basis, generally for several hours per day. This provides greater assurances of a project constructed safely, on schedule. according to plans and specifications, with mlnimlll disruption to the residents and traffic. TASK II CLOSE-OUT. All engineering close-out documents will be prepared and presented to the local personnel in sufficient time to complete the project. The proposed project approach will ensure the necessary close cooperation between the local officials and stafT. affected citizens, and the contractor. This is vital so that the local government is assured of a good project which closes out on time with all objectives accomplished. Tbe local government will then be in a position to receive more funding under available programs. ATrACBMENT VI COMPENSATION A IT ACHMENT VI COMPENSA TION CDBG PROJECTS - LUMP SUM METHOD OF PAYMENT (with additional payments for Additional Sexvices and Reimbursable Expenses) This is Attachment VI. consisting of.....L pages, to the Agreement between the Cit\! of Sebastian (OWNER) and CRA Engineering. Inc. (ENGINEER), dated Initialed by: OWNER ENGINEER .-c'( The following specific requirements for payment to the ENGINEER on CDaG projects are hereby added, 1.1 For Basic Services. OWNER shall pay ENGINEER for all Basic Services rendered under in this agreement: as follows: I. I .1. One Prime Contract For Basic Services. If only one prime contract is awarded for construction, materials and equipment for the Project a lump sum of $ tor ail Basic Services defined in the Agreement. The above lump sum is in accordance with the fees allowed by the Florida Department of Community A..lTairs as governed by the USDA Fanners' Home Administration fee Tables [ and IA. 1.1.2. Several Prime Contracts. If more than one prime contract is awarded for construction. materials and equipment for the Project an additional lump sum tee of 53.000 tor each additional prime contract will be paid to ENGINEER by OWNER. 1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered in the Agreement as follows: 1.2.1. For services of ENGINEER'S Consultants pertbrmed or furnished. including Consultants in the fields of land or aerial suxveying, landscape architecture. geotechnical and hydrological services. structural, mechanical and electrical engineering, architectural design, and specialized inspection services, the amount billed to ENGINEER therefore times a factor of 1.15. 1,2.2. For services of ENGINEER'S principals and employees engaged directly on the Project performed or furnished (except services as a consultant or witness). an amount based on the following Hourly Billing Rates: HOURLY BILLING RATES FOR PROFESSIONAL SERVICES Principal S 100.00 Director of Engineering S 75,00 Project Engineer S 65.00 Planner S 50.00 Designer/CAD Operator S ~5.00 Inspector S 36-00 Secretary S 25.00 1.2.3. The Hourly Billing Rates deiined above in paragraph 1.2.2 are based on consideration of ENGiNEER'S Salary Costs, Hourly Billing Rates for compensal1on payable to ENGINEER may be adjusted annually and equitably to ret1ect changes in the various elements that comprise such Salary Costs. All such adiusunents will be in accordance \vith generally accepted accounting practices as applied on a consistent basis by ENGINEER and consIstent with ENGINEER'S overall compensation practices and procedures. 1.2.4. For services perfonned by ENGINEER'S principals and employees as consultants for the OWNER or \v1Ulesses in any litigation. arbitration or other legal or administrative proceeding at the rate of $400.00 per day or any portion thereof (but compensation tor time spen.( in preparing to appear in any such litigation. arbitration or proceeding will be on the basis provided in the Agreement). Compensation for ENGINEER'S Consultants for such services will be on the basis provided in the Agreement. 1.2.5. Pennit fees charged by regulatory agencies and/or railroads will be paid separately by OWNER. [.2.6, If the Construction Phase is extended thirty (30) days beyond the construction contract period identified in the construction contract. OWNER will pay for ENGINEER'S costs based on the Hourly Billing Rates identified herein or ENGINEER'S Consultant's subcontract fee. if applicable. times a factor of U for the additional hours of project representation and engineering services required due to the construction extension. 1.2. Times of Payments 1.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 1.2.2. ENGINEER agrees to await payment until CDBG funds are received by OWNER. provided OWNER takes all reasonable steps to obtain CDBG funds in a timely manner. Provisions concerning unpaid invoices are defmed in the Agreement. ATTACHMENT VB (Duties, Responsibilities and Lintitations of Authority of Project Site Representative) A IT ACHMENT VII DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AU11{ORITY OF PROJECT SITE REPRESENTATIVE CDBG PROJECfS This is Attachment V1I, consisting of..:L pages, to the Agreement between the Cit'! of Sebastian (OWNER) ,and ~ Enlrineerim!:. Inc. (ENGINEER), dated . 1996. Initialed by: OWNER ENGINEER , ;J(~,/ The Agreement is amended and supplemented to include the following specific requirements for the Project Site Representative: ENGINEER shall furnish a Project Site Representative ("PSR"), assistants and other tiled stafTto assist ENGINEER in observing progress and quality of the work of Contractor. The duties and responsibilities of the PSR are limited to those of ENGINEER in ENGINEER'S Agreement with the OWNER and in the construction Contract Documents. and are further limited and described as follows: A. General PSR is ENGINEER'S agent at the site. will act as directed by and under supervision of ENGINEER, and will confer with ENGINEER regarding PSR's actions. PSR's dealings in matters pertaining to the on.site work shall in general be with ENGINEER regarding P$R's actions. PSR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and Contractor, keeping OWNER advised as necessary. PSR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. PSR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities ofPSR I. Schedules. Review the progress schedule. schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings, Attend meetings with Contractor, such as preconstruction conferences. progress meetings. job conferences and other projecHelated meetings. and prepare and circulate copies of minutes thereof. 3. Liaison. J. Serve as ENGINEER'S liaison with contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with Contractor when Contractor's operations affect OWNER'S on- site operations. b. Assist in obtaining from OWNER additional details or information. when required for proper execution of the Work. 4. Shop Drawings and Samples. a. Record date of receipt of Shop Drawings and Samples. b. Receive Samples which are furnished at the site by Contractor, and notify ENGINEER of availability of Samples for examination, c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER, 5. Review of Work. Rejection of Defective Work. Inspections and Tests. a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever PSR believes that any Work will not produce a completed Project that conforms to the Contract documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. or has been damaged. or does not meet the requirements of any inspection., test or approval required to be made; and advise ENGINEER of Work that PSR believes should be corrected or rejected or should be \Ulcovered for observation. or requires special testing inspection or approval. c. Verify that tests, equipment and systems start-ups and operating and maintenance training arc conducted in the presence of appropriate personneL and that Contractor maintains adequate records thereof. and observe. record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER, 7, Modifications, Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with PSR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. 8. Records. a. Maintain at the job site orderly tiles for correspondence. reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, progress reports. Shop Drawing submittals received from and delivered to Contractor and other Project related documents. , b. Prepare a daily report or keep a diary or log book. recording Contractor's hours on the job site, weather conditions. dates relative to questions of Work Change Directives, Change Orders or changed conditions, list of job site visitors. daily activities, decisions. observations in general. and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names. addresses and telephone numbers of all Contractors, subcontractors and major supp liers of materials and equipment. 9. ReportS. a. Furnish to Engineer periodic reports as required of progress of Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests. inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Change Directives. obtaining backup material from Contractor and recommend to ENGINEER Change Orders, Work Change Directives and Field Orders. d. Repon immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests. Review applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER. noting particularly the relationship of the payment requested to the schedule of values. work completed and materials and equipment delivered at the site but not incorporated in the Work. II. 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 in accordance with the Contract Documents. and have this material delivered to ENGINEER for review and forwarding to OWNER prior to fmal payment for the Work. 12, Completion. a, Before ENGINEER issues a certificate of Substantial completion, submit to Contractor a PWlch List of observed items requiring completion or correction. b. Observe whether Contractor has performed inspections required by laws, rules, regulations, ordinances. codes or orders applicable to the work. including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a tinal inspection in the company of ENGINEER, OWNER and Contractor and prepare a final PWlch List of items to be completed or corrected. d. Observe whether all items on tinal Punch List have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. 13 . Availability of PSR on Site. The PSR will be on site on an as-needed but less than full-time basis. as mutually agreed by ENGINEER and OWNER. C. Limitations of Authority by PSR. The PSR shall not: \, Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items) unless authorized in writing by ENGINEER, 2. Exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor. Subcontractor, Suppliers or Contractor's superintendent. 4. Advise on. issue directions regarding or assume control over any aspect of the means, methods. techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 7. Authorize OWNER to occupy the Project in whole or in part. 8. Participate in specialized field or laboratory test or inspections conducted by others except as specifically authorized by ENGINEER, A'ITACHMENT vm (Special Provisions) A IT ACHMENT vrn SPECIAL PROVISIONS CUBe PROJECTS This is Attachment VIII, consisting of..1- pages, to the Agreement between the City of Sebastian (OWNER) and eRA Engineering, Inc. (ENGINEER), dated . 1996. Initialed by: O\VNER: ENGINEER: ,,' I~'r- " I. Records and Audits. The ENGINEER shall maintain accollllts and records. including personnel, property and fmancial records, adequate to identify and accollllt for all costs penaining to this Agreement and such other records as may be deemed necessary by the O\VNER to assure proper accollllting for project fllllds. both federal and non.federal shares, These records will be made available for audit purposes to the O\VNER or any authorized representative. and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the OWNER. 2. Eligibility. The ENGINEER certifies that it is not ineligible to receive state or federally fllllded contracts from the U .$. Department of Housing and Urban Development of the Florida Department of Community Affairs. 3. Conflict of Interest. No member of or Delegate to the Congress of the United States. or Resident Commissioner, and no elected state officials or state employees shall share in any proceeds of this Contract. or in any way benefit to arise from the same. No officer or employee of the local jurisdiction or its designers or agents, no member of the governing body, and no other official of the locality who exercises any IUnction or responsibility with respect to this Agreement. during hiSlher tenure or for one year thereafter. shall have any interest. direct or indirect. in any contract or subcontract. or the proceeds thereof, for work to be performed. Further. the ENGINEER shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 4. Equal Employment Opponunity. During the performance of this Agreement. the ENGINEER agrees as follows: a. The ENGINEER will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The ENGINEER will take affirmative action to ensure that applicants are employed.. and that their employees are treated fairly during employment \vithout regard to their race. creed, sex., color or national origin, Such action shall include. but not be limited to. the following: employment. upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment. notices to be provided by the OWNER setting forth the provisions of this non-discrimination clause, "b. The ENGINEER will. in all solicitation or advertisements for employees placed by or on behalf of the ENGINEER, state that all qualified applicants will receive consideration for employment without regard to race, creed. color, sex or national origin. c. The ENGINEER 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 conunercial supplies or raw materials. '. d. The ENGINEER wiIl comply with all provisions of Executive Order 11246 of September 24. 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The ENGINEER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto. (none required for this Project) and will permit access to his books, records and accOlUlts by the local govenunent and the Florida or United State Secretary of Labor for pmposes of investigation to ascertain compliance with such rules. regulations and orders. f. In the event of the ENGINEER'S non-compliance with the equal opportunity clauses of this Agreement or with any such rules. regulations or orders, this Agreement may be cancelled. terminated or suspended in whole or in pan and the ENGINEER may be declared ineligible for funher government 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. g. The ENGINEER will include the provisions of paragraphs (a) through (g) 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 11264 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The ENGINEER will take such action with respect to any subcontractor or purchase order as the local governing authority(ies) representative may direct as a means of enforcing such provisions including sanction for non-compliance: Provided. however, that in the event the ENGINEER becomes involved in. or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the OWNER. the ENGINEER may request the United States to enter into such litigation to protect the interests of the United States. 5. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall. on the grounds of race. color. or national origin, be excluded from participation in. be denied the beneilts of. or be subjected to discrimination under any program or activity receiving federal fmancial assistance. 6. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color. national origin. or sex be excluded from participation in. be denied the benefits of. or be subjected to discrimination under any program or activity fllllded in whole or in part with funds made available under Title [ of the Housing and Commwtity Development Act. .. 7. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities. a. The work to be perfonned under this Agreement is assisted by direct federal assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 12 U.S.c. 170. Section 3 requires that. to the greatest extent feasible. opportunities for training and employment be given to 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 panies to this Agreement will comply with the provisions of said Section 3 and regulations issued pursuant thereto by Secretary of Housing and Urban Development set tbnh in 24 CFR 135, anJ :111 applicable rules auJ orders of the Department issued thereunder prior to the execuUon of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying'with these requirements. c. The ENGINEER will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his conuniunents under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees anJ applicants for employment or training. d. The ENGINEER will include this Section 3 clause in every subcontract for work in connection with the Project and will, at the direction of the applicant for or recipient of federallinancial 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, CFR Part 135. The ENGINEER will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under CFR Part 135 and will not let any subcontract unless the subcontractor has tlrst 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 fonh in 24 CFR Part 135. and all applicable rules and orders of the Department issued hereunder prior to the execution of this Contract, shall be a condition of the federal fmancial assistance provided to the project, binding upon the applicant or recipient, its contractors and subcontractors, 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 Part 135. 8. Section 3 and Affrrmative Action Plan. a. The ENGINEER will solicit and evaluate applications for employment in a manner that is non~ discriminatory based upon age. race, sex. national origin. etlmic background, familial status, and handicap status. b. Wben training and/or employment opportunity arisl:s in I;(lnncction with this Project. the ENUINEER \\i1l provide maximum opportunity to residents of the jurisdiction. Employment opportunity will be " locally advertised in manner thal will insure that potentially eligible applicants are l) made aware of, the oppommity. and 2) provided a convenient way to apply for employment. Special consideration will be given to qualified applicants who are lO\\'er income fl:siJcnts. members of a minority race or ethnic group, or female. 1;. During this PrOJcct. the ENGIN EER \\il1 seek to purchase necessary goods andlor selviccs li.nm businesses that are IOl;ateJ m. or o\\ned by persons residing in the .iunsJiction. '" d. The ENGINEER will utilize the HUD and Florida lists of minority businesses in filling subcontracting and/or purchasing needs. e. The ENGINEER will include applicable equal opponunity provisions in subcontracts issued in connection with this Project f. The ENGINEER shall publicize and post this policy in a conspicuous place available to employees and applicants fQr employment and training, g. The ENGINEER is under no contractual or oth~r disability which could prevent compliance with this policy.