HomeMy WebLinkAbout08344 ORD - 02/01/1967IMS:JKH:2- 1-67.
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AN ORDINANCE
AUTHORIZING AND REAUTHORIZING THE CITY MANAGER,
HERBERT W. WHITNEY, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TO EXECUTE AN URBAN MASS TRANS-
PORTATION CAPITAL GRANT CONTRACT WITH THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES
OF AMERICA, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, AND AUTHORIZING AND REAUTHORIZING
THE SAID CITY MANAGER TO EXECUTE SUCH OTHER INSTRUMENTS
AS ARE NECESSARY AND PROPER TO CONSUMMATE THE PROCURING
OF A GRANT OF FUNDS FROM THE FEDERAL GOVERNMENT TO BE
USED IN CONJUNCTION WITH THE CITY'S FUNDS FOR THE
PURCHASE OF IMPROVEMENTS IN CONNECTION WITH THE ACQUISITION
AND IMPROVEMENT OF A PUBLIC TRANSIT SYSTEM BY THE PURCHASE
OF NEW BUSES AND IMPROVEMENTS TO THE SYSTEM, AND FOR
CONTINGENCIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER, HERBERT W. WHITNEY, BE,
AND HE IS HEREBY, AUTHORIZED AND REAUTHORIZED, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, TO EXECUTE AN URBAN MASS TRANSPORTATION CAPITAL
GRANT CONTRACT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE
UNITED STATES OF AMERICA, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, AND AUTHORIZING AND REAUTHORIZING THE SAID CITY MANAGER TO
EXECUTE SUCH OTHER INSTRUMENTS AS ARE NECESSARY AND PROPER TO CONSUMMATE
THE PROCURING OF A GRANT OF FUNDS FROM THE FEDERAL GOVERNMENT TO BE USED
IN CONJUNCTION WITH THE CITY'S FUNDS FOR THE PURCHASE OF IMPROVEMENTS IN
CONNECTION WITH THE ACQUISITION AND IMPROVEMENT OF A PUBLIC TRANSIT
SYSTEM BY THE PURCHASE OF NEW BUSES AND IMPROVEMENTS TO THE SYSTEM, AND
FOR CONTINGENCIES.
SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORESAID
CONTRACT AND SUCH OTHER INSTRUMENTS AS ARE NECESSARY AND PROPER TO CON-
SUMMATE THE PROCURING OF A GRANT OF FEDERAL FUNDS IN CONNECTION WITH
ACQUISITION AND IMPROVEMENT OF A PUBLIC TRANSIT SYSTEM CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION
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SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING
REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE__Ia_l DAY OF FEBRUARY, 1967.
ATTEST: I/ t
C(T)( SECRETARY MAYOR -
' THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
DAY OF FEBRUARY, 1967:
,�,, L F
CITY ATTORNEY
UNITED STATES OF ERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Y URBAN TRANSPORTATION ADMINISTRATION
WASHINGTON, D. C.
Project No. TEX -UTG -3
Contract No. H-
URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT
BETWEEN THE
CITY OF CORPUS CHRISTI
Texas
AND THE
UNITED STATES OF AMERICA
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URBAN MASS TRANSPORTATION
CAPITAL GRANT CONTRACT
PART I
Project No. TEX -UTG -3
Contract No. H-
THIS CONTRACT, consisting of this Part I. and the terms and conditions
(form H- 512(b) dated 6 -66) forming Part II hereof (which together are here-
in called the "Contract "), effective on the date herein below specified, by
and between the United States of America (herein.called the "Government ")
and the City of Corpus Christi, Texas (herein called the "Public Body ")
WITNESSETH:
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In consideration of the mutual covenants, promises and representations
herein, the parties hereto agree as follows:
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Sec. 1. Puroose of Contract - The purpose of this Contract is to
provide for the undertaking of an urban mass transportation capital improve-
ment project (herein called the "Project "), with Government financial assis-
tance to the Public Body in the form of a capital grant (herein called the
"Grant "), under the Urban Pass Transportation Act of 1964 (herein called the
'Act ") and to state the terms and conditions upon which such assistance will
be provided and the understandings as to the manner in which the Project
will be undertaken and completed and the Project facilities and equipment
will be used.
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Sec. 2. The Project - The Public Body agrees to undertake and com-
plete the Project, and to provide for the use of Project facilities and
equipment, substantially as described in its Application filed with and
approved by the Government and in accordance with the terms and conditions
of this Contract. The Project consists of the purchase of 12 transit buses,
4 service vehicles, 56 fare boxes, shop and garage equipment, office equip-
went, and the existing.garage site and related facilities of the Nusces
Transportation Company; the purchase of approximately 19 new 35-passenger
and 8 new 45- passenger air - conditioned diesel transit buses less tires;
improvements to existing buildings and parking areas; and contingencies.
It is estimated that the total cost of the Project will not exceed
One Million Fifty -Six Thousand Dollars ($1,056,000).
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Sec. 3• The Grant - In order to assist the Public Body in financing
that portion of the total cost of the Project which the. Department of Hous-
ing and Urban Development (HUD) determines cannot reasonably be financed
from revenues of the public transportation system in which the Project fa-
cilities and equipment are to be used (herein called the ":let Project
Cost "), such Net Project Cost being estimated to be One Million Fifty -Six
Thousand Dollars ($13056,000), the Government will make a Grant in an amount
equal to one -half of the actual Net Project Cost, as determined by HUD upon
completion of the Project, or in the amount of Five Hundred Twenty -Eight
Thousand Dollars ($5283000), whichever is the lesser, provided that the
Government will make an additional Grant in an amount equal to one -sixth of
the actual Net Project Cost, as so determined by HUD, or in the amount of
One Hundred Seventy -Six Thousand Dollars ($1761000)3 whichever is the lesser,
if within three years from the date of this grant contract HUD determines
that the planning requirements of Section 4(a) of the Act have been fully
met.
The Public Body agrees that it will provide from sources other than
1 (a) Federal funds, (b) receipts from the use of the Project facilities and
equipment, or (c) revenues of the public transportation system in which
such facilities and equipment are used, funds in the amount sufficient,
together with the Grant to assure payment of the actual Net Project Cost.
The Public Body further agrees that no refund or reduction of the amount
so provided will be made at any time, unless there is at the same time a
refund to the Government of a proportional amount of the Grant.
Sec. 4. Use of Project Facilities and Equipment - The Public Body
agrees that the Project facilities and equipment will be used for the pro-
vision of mass transportation service within its urban area for the period
of the useful life of such facilities and equipment, as determined in ac-
cordance with generally accepted accounting standards and approved by HUD,
which period shall not in any case exceed twenty years. If during the
period of their useful life any Project facilities or equipment are sold,
other than for their replacement in such service with like facilities or
equipment, the Public Body agrees to remit to the Government a proportional
amount of the sale proceeds determined on the basis of the ratio of the
b actual Grant made by the Government to the actual cost of the Project as
determined in accordance with this Contract. If during such period any
Project facilities or equipment are devoted to uses other than the pro-
vision of mass transportation service within the urban area of the Public
Body, such proportional amount of the fair market value thereof (as ap-
proved by HUD) shall likewise be paid to the Government.
The Public Body further agrees that during the useful life of the
Project facilities and equipment it will submit to HUD such financial
statements and other data as may be deemed necessary by HUD to assure com-
pliance with this Section.
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Sec. 5. Labor Warranty - The Public Body warrants that the Project
will not adversely affect the employment and working conditions of its
employees or the employees of any other carrier within the service area
of the Public Body. In the event that such employees are adversely affected,
the Public Body agrees that appropriato protective arrangements for such
employees will be made as required by Section 13(c) of the Act.
Sec. 6. Counterparts of Contract_ - This Contract may be simultaneously
executed in several counterparts, each of which so executed shall be deemed
to be an original, and such counterparts together shall constitute one and
the same instrument.
IN 721NMS WHEREOF, the Public Body has caused this Contract to be
duly executed in its behalf, and, thereafter the Government has caused the
same to be duly executed in its behalf this day of 1967.
SZ, CITY OF CORPUS CHRISTI
Texas
ATTEST BY
City Manager
Title
UNITED STATES OF AFRICA
DEPARTMENT OF HOUSING AND URBAN DEPELOPIWT
Director
Urban Transportation Administration
TABLIti 0? CONTFIJTS
Pago
Section 101.
Definitions .................... ...............................
2
Section 102.
Accomplishmcnt of the Project
(a)
General Requirements ... ...............................
2
(b)
Pursuant to Federal., State and Local Law ..............
2
(c)
Funds of the Public Body ..............................
2
(d)
Submission of Proceedings, Contract and
Other bocuments ........ ...............................
2
Section 103.
The Project Budget ............. ...............................
3
Section.104.
Accounting Records
(a)
7stablishment and Maintenance of Accounting Records ...
3
(b)
Funds Received or Kade Available for the Project ......
3
(c)
Costs Incurred for the Project ........................
3,
(d)
Documentation of Project Costs ........................
3
(e)
Checks, Orders, and Vouchers ..........................
3
(f)
Audit Reports .......... ...............................
4
Section 105.
Requisitions
and Payments
(a)
Preliminary Action by the Public Body .................
4
(b)
Government's Obligations .................... I.........
4
(1) N,isrepresentation
(2) Litigation
(3) Concurrence by Government
(4) Conflict of Interests
(5) Default
(c)
Disallowed Costs ....... ...............................
5
Section 106.
Termination
or Suspension of Government's Obligations
(a)
Termination or Suspension Generally ...................
5
(b)
Action Subsequent to Notice of Termination or
Suspension ............. ...............................
5
Section 107.
Remission
of Project Account Upon Completion of Project .......
6
Section 108.
Audit and
Inspection ........... ...............................
6
Section 109.
Contracts
of the Public Body .. ........ • ....... .......'
6
Section 110.
Restrictions,
Prohibitions, Controls, and Labor Provisions
(a)
Equal INployment Opportunity ..........................•
6
(b)
Construction Contracts — Nondiscrimination ............
6
(c)
Title VI — Civil :Lights Act of 1964 .•..••••.••••..•.•.
9
(d)
Competitive Bidding .... ...............................
9
e
Prohibited Interests ... .....................:.........
9
(f)
Patent Idghts .......... .....................•.........
10
(g)
Interest of I•;embers of or Delegates to Congress .......
10
(h)
Labor Provisions — Construction .......................
10
Section 111.
Construction
Contracts
(a)
Changes in Construction Contracts .....................
14
(b)
Contract Security ...... ...............................
14
(c)
Insurance During Construction .........................
14
(d)
Signs ................. ...............................
15
(e)
Provisions of Construction Contracts ..................
15
Section 112.
1,1iscellaneous Provisions
(a)
Air Pollution .......... ...............................
15
(b)
Government Not Obligated to Third Parties .............
15
(c)
Mien Rights and H,?medies Not Waived ...................
15
(d)
How Contract Affected by Provisions Being Held
Invalid ................ ...............................
15
(e)
Bonus or Coiiudssion .... ...............................
15
(f)
State or Territorial I.aw ..............................
15
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DEPAI MENT OF HOUSING AND URBAN DEVLLOPPOINT
UWAN TRANSPORTATION ADMINISTRATION
GRANT CONTRACT
PART II — TERMS AND CONDITIONS
Constituting part of the GRANT CONTRACT providing for
Federal financial assistance under the provisions of
the Urban Mass Transportation Act of 1964.
Section 101. Definitions. As used in these Terms and Conditions:
"Government" means the United States of America.
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"HUD" means the Department of Housing and Urban Development,
or as the context may require, the Secretary of the Depart-
ment of Housing and Urban Development, or other person who
may at the time be acting in the capacity of the Secretary
or authorized representative, or any other person otherwise
authorized to perform the functions to be performed here-
under by HUD as that term is used in this Contract.
"Application" means the written application for Federal
financial assistance for the Project, together with all
explanatory, supporting, or supplementary documents,
heretofore filed with HUD by or on behalf of the Public
Body, which has been accepted and approved by HUD.
Section 102. Accomplishment of the Project.
(a) General Requirements. The Public Body shall commence, carry on, and
complete the Project with all practicable dispatch, in a sound, economi-
cal, and efficient manner, and in accordance with the provisions hereof,
the Application, and all applicable laws.
(b) Pursuant to Federal. State, and Local law. In the event that any election,
referendum, approval, permit, notice, or other proceeding or authorization
is requisite under applicable law to enable the Public Body to enter into
this Contract or to undertake the Project hereunder, or to observe, as-
sume, or carry out any of the provisions of this Contract, the Public Body
will initiate and cDnsu mnate, as provided by law, all actions necessary
with respect to any such matters so requisite.
(c) Funds of the Public Body. The Public Body shall initiate and prosecute
to completion all proceedings necessary to enable the Public Body to
provide its share of the Project costs on or prior to the time that such
funds are needed to meet Project costs.
(d) Submission of Proceedings. Contract and Other Documents. The Public Body
shall submit to the Government such data, reports, records, contract and
other documents relating to the Project as the Government may require.
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Section 103. The Project Hudget. A Project budget shall be prepared and main-
tained by the Public Body. The Public Body shall carry out the Project and
shall incur obligations against and make disbursements of Project Funds only
in conformity with the latest approved budget for the Project. The budget may
be revised from time to time, but no budget or revision thereof shall be ef-
fective unless and until HUD shall have approved the same.
Section 104• Accounting. Records.
(a) Establishment and Maintenance of Accounting Records, The Public Body shall
establish for the Project, in conformity with uniform requirements estab-
lished by HUD to facilitate the administration of the Grant program,
separate accounts to be maintained within its existing accounting system
or set up independently. Such accounts are referred to herein collective-
ly as the "Project Account."
(b) Funds Received or Made Available for the Project. The Public Body shall
appropriately record in the Project Account, and deposit in a bank or
trust company which is a member of the Federal Deposit Insurance Corpo-
ration, all Grant payments received by it from the Government pursuant
to this Contract and all other funds provided for, accruing to, or other-
wise received on account of the Project, which Government payments and
other funds are herein collectively referred to as "Project Funds." The '
Public Body shall require the depositories of Project Funds to secure
continuously and'fully all Project Funds in excess of the amounts insured
under Federal plans, or under State plans which have been approved for
the deposit of Project Funds by HUD, by the deposit or setting aside of
collateral of the types and in the manner as prescribed by State law,for
the security of public funds, or approved by HUD.
(e) Costs Incurred for the Project. The Public Body shall charge to the
Project Account all eligible costs of the Project. Costs in excess of
the latest approved budget or attributable to actions which have not re-
ceived the required approval of HUD shall not be considered eligible
costs.
(d) Documentation of Project Costs. All costs, charged to the Project, in-
cluding any approved services contributed by the Public Body or others,
shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and pro-
priety of the charges.
(s) Checks, Orders, and Vouchers. Any check or order drawn by the Public
Body with respect to any item which is or will be chargeable against
the Project Account will be drawn only in accordance with a properly
eigned 'Voucher then on file in th,a office of the Public Body stating a
in proper detail the purpose for which such check or order is drawn.
All checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents pertaining in whole or in part to the Project shall
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be clearly identified, readily accessible, and, to the extent feasible,
kept separate and apart from all other such documents.
(f) Audit Reports. At the request of HUD, the Public Body shall provide for
-;each of its fiscal years for which the Project Account remains open, an
audit report prepared either by its official auditor or audit agency or
an independent certified public accountant, reflecting in detail the use
of the funds of the Government, the Public Body, and those from any other
source with respect to the Project.
Section 105. Requisitions and Payments.
(a) Preliminary Action by the Public Body. In order to obtain any Grant pay-
ment, the Public Body shall:
(1)- File with HUD its requisition therefor including its
estimates of cash needs, on form or forms prescribed
by HUD, and such other data pertaining to the Project
Account (as defined in Section 104 (a) hereof) and the
Project as HUD may require, to justify and support the
payment requisitioned; and
(2) Comply with all applicable provisions of this Contract.
(b) Governmentls Obligations. Subject to other provisions hereof, the Govern-
ment will honor such requisitions in amounts and at times deemed by HUD
to be proper to insure the carrying out of the Project and payment of the
eligible costs thereof in accordance herewith. However, notwithstanding
any other provision of this Contract, the Government may elect by notice
in writing not to make a.payment on account of the Project if:
(1) Misrepresentation. The Public Body shall have made any mis-
representation of a material nature in its Application, or
any supplement thereto or amendment thereof, or in or with
respect to any document or data furnished therewith or pur-
suant hereto;
(2) Litigation. There is then pending litigation with respect to
the performance by the Public Body of any of its duties or.
obligations which may jeopardize or adversely affect the Proj-
ect, this Contract, or payments to the Project;
(3) Concurrence by Government. The Public Body shall have taken
any action pertaining to the Project which under the established
procedures requires the prior approval of HUD or shall have
proceeded to make related expenditures or incur related obli-
gations without having been advised by HUD that the same are
satisfactory;
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(k) Conflict of Interests. There has been any violation of the
conflict of interest provisions contained in Section 110(e)
hereof; or
(5) Default. The Public Body shall be in default under any of
the provisions pf this Contract.
(c) Disallowed Costs. In determining the amount of the Grant, the Government
will exclude all Project costs incurred by the Public Body prior to the
date of this Contract, or prior to the date of the approved budget for
the Project, whichever is earlier, costs incurred by the Public Body which
are not provided for in the latest approved budget for the Project, and
costs attributable to goods or services received under a contract or
other arrangement which has not been approved in writing by HUil.
Section 106. Termination or Suspension of Government's Obligations.
(a) Termination or Suspension Generally. If the Public Body abandons or,
before completion, finally' discontinues the Project; or if, by reason
of any of the events or conditions set forth in paragraphs (1) to (5),
inclusive, of Section 105(b) hereof, or for any other reason, the com-
mencement, prosecution, or,.- timely completion of the Project by the Public
Body is rendared improbable, infeasible, impossible, or illegal, the
Government may, by written notice to the Public Body, suspend any or all
of-its obligations under this Contract until such time as the event or
condition resulting in such suspension has ceased or been corrected, or
the Government may terminate any or all of its obligations under this
Contract.
(b) Action Subsequent to Notice of Termination or Suspension. Upon receipt
of any final termination notice under this Section, the Public Body shall
proceed promptly to carry out the actions required therein which may in-
clude:any or all of the following: (1) necessary action to terminate or
suspelid, as the case may be, Project activities and contracts and such
other action as may be required or desirable to keep to a minimum the
costs upon the basis of which the Grant is to be computed; (2) furnish
a statement of the status of the Project activities and of the Project
Account as well as a proposed schedule, plan, and budget for terminating
or suspending and closing out Project activities and contracts, and other
undertakings the costs of which are otherwise includable as Project costs;
and (3) remit to the Government such portion of the Grant payment pre-
viously received as is determined by HUD to be due the Government under
the provisions of this Section. The closing out shall be carried out in
conformity with the latest schedule, plan, and budget as approved by HUD,
or upon the basis of terms and conditions imposed by HUD upon the failure
of the Public Body to furnish the schedule, plan, and budget within a
reasonable time. The acceptance of a remittance by the Government of any
or all Project Funds previously received by the Public Body or the clos-
ing out of Federal financial participation in the Project shall not con-
stitute a waiver of any claim which the Government may otherwise have
arising out of this Contract.
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' Section 107. Remission of Project Account Upon Completion of Project. Upon
completion of the Project, and after payment, provision for payment, or re-
imbursement of all Project costs payable from the Project Account is made,
the Public Body shall remit to the Government any unexpended balance in the
Project Account less its proportionate share thereof.
Section 108. Audit and Inspection. The Public Body shall permit, and shall
require its contractors to permit the Government's authorized representatives
to inspect all work, materials, payrolls, records of personnel, invoices of
materials and other relevant data and records; and to audit the books, records,
and accounts of the Public Body, pertaining to the Grant and the development
of the Project.
Section 109. Contracts of the Public Body. Except as otherwise authorized
in writing by HUD, the Public Body shall not execute any contract or obligate
itself in any other manner with any third party with respect to the Project
without the prior written concurrence of HUD.
Section 110. Restrictions, Prohibitions, Controls, and Labor Provisions.
(a) Equal Employment Opportunity. In connection with the carrying out of any
Project, the Public Body shall not discriminate against any employee or
applicant for employment because of race, creed, color or national origin.
The Public Body will take affirmative action to ensure that applicants
are-employed, and that employees are treated during employment, without
regard to their race, creed, color or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.. The Public Body shall insert
the foregoing provision (modified only to show the particular contrad-
tual relationship) in all its contracts in connection with the develop-
ment or operation of the Project, except contracts'for standard commercial
supplies or raw materials and contracts referred to in subsection (b) of
this Section 110(Qb, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials. When the Project involves instal-
lation, construction, demolition, removal, site improvement, or similar
work, the Public Body shall post, in conspicuous places available to
employees and applicants for employment for Project work, notices to be
provided by HUD setting forth the provisions of this nondiscrimination
clause.
(b) Construction Contracts - Nondiscrimination. The Public Body shall in-
corporate or cause to be incorporated into any contract for construction
work, including rehabilitation, alteration, conversion, extension, demo-
lition or repair of buildings, highways, or other changes or improvements
to real property, including facilities providing utility services, or
modification thereof, as defined in the rules and regulations of the
Secretary of Labor, which is not exempt from the provisions of Executive
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Order No. 11246 of September 21�, 1965, and which is paid for in whole or
in part with funds obtained under this Contract, the following equal op-
portunity clause:
"During the performance of this contract, the contractor agreess•4mu-
as follows:
I(1) The Contractor will not discriminate against
any employee or applicant for employment because of race,
creed, color, or national origin. The contractor will
take affirmative action to ensure that applicants are
employed, and that employees are treated during employment
without regard to their race, creed, color or national or-
igin. Such action shall include, but not be limited to the
following; employment, upgrading, demotion or transfer; re-
cruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the
Public Body setting forth the provisions of this nondiscrim-
ination clause.
'(2) The contractor will, in all solicitations or ad-
vertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed,
color or national origin.
1(3) The contractor 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 labor union or workers'
representative of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
1(4) The contractor will comply with all provisions of
Executive Order No. 11246 of September 24, 1965, and of the
rules, regulations and relevant orders of the Secretary of
Labor.
'(5) The contractor will furnish all information and
reports required by Executive Order No. 11246 of September 24,
1965, and by the rules, regulations, and orders of the said
Secretary of Labor, or pursuant thereto, and will permit ac-
cess to his books, records and accounts by the Public Body,
the Secretary of Housing and Urban Development, and the Secretary
of Labor for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
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'(6) In the event of the contractor's noncompliance
with the nondiscrimination clauses of this contract or with
any of such rules, regulations or orders, this contract may
be cancelled, terminated or suspended in whole or in part
and the contractor may be declared ineligible for further
Government contracts qr federally assisted construction con- '
tracts in accordance krith procedures authorized in brecutive
Order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive �'•
Order No. 11246 of September 24, 1965, or by rule, regulation
or order of the Secretary of labor, or as otherwise provided
by law.
1(7) The contractor will include the provisions of
paragraphs (1) through (7) 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 No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The con-
tractor will take such action with respect to any subcontract
or purchase order as the Public Body or the Secretary of Hous-
ing and Urban Development may direct as a means of enforcing
such provisions, including sanctions for noncompliance; pro-
vided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Public Body, or
the Secretary of Housing and Urban Development, the contractor
may request the United States to enter into such litigation to
protect the interests of the United States. "
The Public Body will-be bound by the seven provisions of the equal oppor-
tunity clause in Section 110(b) in any federally assisted construction
work, which it performs itself other than through the permanent work force
directly employed by an agency of government.
The Public Body,:agroes that it will cooperate actively with the Secretary
of Housing and Tdrban Development and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the provisions set
forth in Section 110(b).and with the rules, regulations, and relevant
orders of the Secretary of Labor, will obtain and furnish to the Secre-
tary of Housing and Urban Development and to the Secretary of Labor such
information as they may require for the supervision of such compliance,
and that it rriill otherwise assist the Secretary of Housing and Urban De-
velopment in the discharge of the Department's primary responsibility
for securing compliance. The Public Body will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the Secretary of Labor or
the Secretary of Housing and Urban Development. The Public Body will re-
frain from entering into any contract subject to l.xecutive Order No. 11246
a
or extension or other modification of such a contract with a contractor
who has been debarred from Government contracts and federally assisted
construction contracts under fart II, Subpart D, of executive Order
No. 11246, or who hat; not demonstrated his eligibility for such contracts
as provided in Part II of Executive Order No. 11216. In the event the
Public Body fails and refuses to comply with its undertakings, the Pub-
lic Body agrees that the Government (i) may cancel, terminate, or suspend
this Contract in whole or in part, (ii) may refrain from extending any
further assistance under the program with respect to which the failure
or refusal occurred until satisfactory assurance of future compliance has
been received from the Public Body, or (iii) may refer the case to the
Department of Justice for appropriate legal proceedings.
(c) Title VI - Civil Rights Act of 1964. The Public Body will comply with all
the requirements imposed by Title VI of the Civil Rights Act of 1964
(78 Stat. 252), the Regulations of HUD issued thereunder (2) CFR,Subtitle A,
Part 1, Section 1.1 et. seq.), and the assurance by the Public Body pursuant
thereto.
(d) Competitive Bidding. The Public Body will give full opportunity for free,
open, and competitive bidding, for each contract to be let by it calling
for construction or the furnishing., of any materials, supplies, or equip-
ment to be paid for with Project Funds; will give such publicity to its
advertisements or calls for bids for each such contract as will provide
adequate competition; and the award of each such contract, when made,
will be made by it as soon as practicable to the lowest responsible bid -
der: Provided, That in the selection of materials, equipment, or supplies,
the Public Body may, in the interest of standardization or ultimate econ-
omy, if the advantage of such standardization or ultimate economy is
clearly evident and appropriate provision for such action is included by
it in the proposed contract documents upon which bids are invited, award
a contract to a responsible bidder other than the lowest in price: Pro-
vided, further, That if the estimated amount of the proposed contract,
as estimated by the Public Body, is $2,500 or less, such contract may,
except where contrary to the requirements of State or local law, be let
by the Public Body on the basis of informal bidding: Provided, further
That.contracts in amounts of $1,000 or less may, except where contrary
to the requirements of State and local law, be made from time to time by
the Public Body without negotiation or competitive bidding and without
observance of the other provisions of this subsection (d): and Provided,
further, That if the Public Body finds, and HUD concurs, that the pur-
chase of materials, equipment, or supplies needed are of a type or class'
that are not competitively available and the obtaining of such materials,
equipment, or supplies can be made more economically by purchase in the
open market by negotiation rather than by competitive bidding, the Pub-
lic Body may do so.
(e) Prohibited Interests. Neither the Public Body nor any of its contractors
or their subcontractors shall enter into any contract, subcontract, or
arrangei:.ent in connection with the Project or any property included or
planned to be included in the Project, in which any member, officer, or
q .
10
employee of the Public Body or the locality during his tenure or for one
year thereafter has any interest,•direct or indirect. If any such present
or former member, officer, or employee involuntarily acquires or had
acquired prior to the beginning of his tenure any such interest, and if
such interest is immediately disclosed to the Public Body and such dis-
closure is entered upon the minutes of the Public Body, the Public Body
with the prior approval of HUD, may waive the prohibition contained in
this subsection: Provided, That any such present member, officer or
employee shall not participate in any action by the Public Body or the
locality relating to such contract, subcontract, or arrangement.
The Public Body shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in
any Project, and shall require its contractors to insert in each of their
subcontracts, the following provision:
"No member, officer, or employee of the Public Body or of
the locality during his tenure or for one year thereafter
shall have any interest, direct or indirect, in this con-
tract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement
between the Public Body and its fiscal depositories, or to any agreement
for utility services the rates for which are fixed or controlled by a
Governmental agency.
(f) Patent Rir*hts. Any patentable result arising out of this Contract, as
well as all information, designs, specifications, know —how, data, and
findings, shall be made available to the Government for public use, unless
HUD shall in a specific case where it is legally permissible determine
that it is in the public interest that it not be so made available.
(g) Interest of Members of or Delegates to Congress. No member of or delegate
to the Congress of the United States shall be admitted to any share or
part of this Grant Contract or to any benefit arising therefrom.
(h) Labor Provisions — Construction. The following provisions shall be ap-
plicable, to all construction contracts let by the Public Body in carry-
ing out he Project involving $2,000 or more.
(1) Minimum wages. (i) All mechanics and laborers employed
or working upon the site of the work, will be paid unconditionally
and not less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as are per-
mitted by regulations issued by the Secretary of labor under the
Copeland Act (29 CFR Part 3), the full amounts due at time of payment
computed at wage rates not less than those contained in the wage de-
termination decision of the Secretary of labor applicable to the Project,
r �
11
regardless of any contractual relationship which may be alleged
to exist between the contractor and such laborers and mechanics;
and the wage determination decision shall be posted by the contrac-
tor at the site of the work in a prominent place where it can be
easily seen by the workers. For the purpose of this clause, con-
tributions made or costs reasonably anticipated under section 1(b)(2)
of the Davis -Bacon Act on behalf of laborers or mechanics are con-
sidered wages paid to such laborers or mechanic's, subject to the
provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this
clause, regular contributions made or costs incurred for more than
a weekly period under plans, funds, or programs, but covering the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
(ii) The contracting officer shall require that any class of
laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract, shall be classified
or reclassified conformably to the wage determination, and a report
of the action taken shall be sent by HUD to the Secretary of Labor.
In the event the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers
and mechanics to be used, the question accompanied by the recommen-
dation of the contracting officer shall be referred to the Secretary
for final determination.
(iii) The contracting officer shall require, whenever the
minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an ,
hourly wage rate 'and the contractor is obligated to pay a cash eouiv-
alent of such a fringe benefit, an hourly cash equivalent thereof to•
be established. In the event the interested parties cannot agree
upon a cash equivalent of the fringe benefit, the question, accompanied
by the recommendation of the contracting officer, shall be referred to
the Secretary of Labor for determination.
(iv) The contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing benefits 'under a plan or program described in section l(b)(2)(B)
of the Davis -Bacon Act, or any bonafide fringe benefits not expressly
listed in section 1(b)(2) of the Davis -Bacon Act, or otherwise not
listed in the wage determination decision of the Secretary of Labor
which is included in this contract, only when the Secretary of Labor
has found, upon-the written request of the contractor, that the ap-
plicable standards of the Davis -Bacon Act have been met. Whenever
practicable, the contractor should request the Secretary of Labor to
make such findings before the making of the contract. In the case of
unfunded plans and programs, the Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program.
12
(2) Withholding. [IUD may withhold or cause to be withheld
from the contractor so much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics em-
ployed by the contractor or any subcontractor on the work the
full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic employed or working on the
site of the work, all or part of the wages required by the contract,
HUD may, after written notice to the contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the sus-
pension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic
records relating thereto will be maintained during the course of
the work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the work. Such
records will contain the name and address of each such employee,
his correct classification, rates of pay (including rates of con-
tributions or costs anticipated of the types described in see -
tion 1(b)(2) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CPR 5.5(a)(l)(iv) that the
wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or pro -
gram.described in section 1(b)(2)(B) of the Davis -Bacon Act, the
contractor shall maintain records which show that the commitment
to provide such benefits is enforceable, that the plan or program
is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost in-
curred in providing such benefits.
(ii) The contractor will submit weekly a copy of all payrolls
to the Public Body for transmission to HUD. The copy shall be ac-
companied by a statement signed by the employer or his agent in-
dicating that the payrolls are correct and complete, that the
wage rates contained therein are not less than those determined
by the Secretary of labor and that the classifications set forth
for each laborer or mechanic conform with the work he performed.
A submission of the "Weekly Statement of Compliance" which is re-
quired under this contract and the Copeland regulations of the
Secretary of Labor (29 CPR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by the
Secretary of Labor under 29 CPR 5.5(a)(1)(iv) shall satisfy this
requirement. The prime contractor shall be responsible for the
submission of copies of payrolls of all subcontractors. The con -
tractor will make the records required under the labor standards
clauses of the contract available for inspection by authorized
representatives of HUD and the Department of labor, and Trill permit
13
such representatives to interview employees during working hours on
the job.
(ty), Apprentices. Apprentices will be permitted to work as
such'6aly when they are registered, individually,�',under a bona fide
apprb,tU,iceship program registered with a State apprenticeship agency
which AA recognized by the Bureau of Apprenticeship and Training,
United,States Department of Labor; or, if no such recognized agency
exists in a State, under a program registered with the Bureau of
Apprenticeship and Training, United States Department of Labor.
The allowable ratio of apprentices to journeymen in any craft clas-
sification shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is
not registered as above, shall be paid the wage rate determined by
the Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to fur-
nish to the contracting officer written evidence of the registration
of his program and apprentices as well as of the appropriate ratios
and wage rates, for the area of construction prior to using any ap-
prentices on the contract work.
(5) Compliance with Copeland Regulations (29 CFR Part 3).
The contractor shall comply with the Copeland Regulations (29 CFR
Part 3) of the Secretary of Labor which are herein incorporated by
reference.
(6) Contract termination; debarment. A breach of clauses
(1) through (5) and (10) may be grounds for termination of the con —,
tract, and for debarment as provided in 29 CFR 5.6.
(7) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require
or permit any laborer or mechanic in any workweek in which he is
employed on such work to work in excess of eight hours in any
calendar day or in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less
than one and one —half times his basic rate of pay for all hours
worked in excess of eight hours in any calendar day or in excess
of forty hours in such workweek, as the case may be.
(8) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in subpara-
graph(7), the contractor and any subcontractor responsible there-
fore shall be liable to any affected employee for his unpaid wages.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
•
14
territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic
employed L violation of the clause set forth in subparagraph (7),
in the sum of 1;10 for each calendar day on which such employee
was required or permitted to work in excess of eight hours or in
excessiof the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in subparagraph {7),
(9) Withholding for liquidated damages. HUD may withhold or
cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any lia-
bilities of such contractor or subcontractor for liquidated damages
as provided in the clause set forth in subparagraph (8).
(16) The contractor shall insert in any subcontracts the
clauses set forth in subparagraphs (1) through (9) of this para-
graph and such other clauses as HUD may by appropriate instruc-
tions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made.
Section 111. Construction Contracts.
(a) Chanties in Construction Contracts. Any substantial change in a construction
contract shall be submitted to HUD for prior approval. Construction con-
tracts shall include a provision specifying that the above requirement will
be met.
(b) Contract Security. The Public Body shall require that each construction
contractor shall furnish a performance bond in an amount at least equal to
100 percent of his contract price as security for the faithful performance
of his contract and also a payment bond in an amount not less than 50 per-
cent of his contract price or in a penal sum not less than that prescribed
by State, territorial, or local law, as security for the payment of all
persons performing, labor on the Project under his contract and furnish-
ing materials in connection with his contract. The performance bond and
the payment bond may be in one or in separate instruments in accordance
with local law.-
(c) Insurance Durin,g�:.Cnnstruction. The Public Body shall require that each of
its construction'eontractors and his subcontractors shall maintain, dur-
ing, the life of 4s contract, Workmen's Compensation Insurance, Public
Liability, Property Damage, and Vehicle Liability Insurance in amounts
and on terms satisfactory to HUD.
15
(d) S_iM. The Public Body shall cause to be erected at the site of construc-
tion, and maintained during, construction, signs satisfactory to HUD iden-
tifying the Project and indicating the fact that the Government is par-
ticipating in the development of the Project.
(e) Provisions of Construction Contracts. In accordance with Section 109 here-
of the terms and conditions of each construction contract are subject to
prior approval by HUD. In addition to the requirements of this Section 111,
each construction contract shall contain, among others, provisions re-
quired by subsections (b), (e), (g), and (h) of Section 110 hereof.
Section 112. Miscellaneous Provisions.
(a) Air Pollution. All proposals for the acquisition, construction,-recon-
struction, or improvement of facilities or equipment shall be presented
to HUD for approval. In rendering such approval, HUD shall take into
consideration whether such facilities or equipment is designed and equip-
ped to prevent and control air pollution.
(b) Government Not Obligated to Third Parties. The Government shall not be
obligated or liable hereunder to any party other than the Public Body.
(c)' When Rights and Remedies Not Waived. In no event shall the making by the
Government of any Grant payment to the Public Body constitute or be con-
strued as a waiver by the Government of any breach of covenant or any de-
fault which may then exist, on the part of the Public Body, and the making
of any such payment by the Government while any such breach or default
shall exist shall in no wise impair or prejudice any right or remedy avail-
able to.the Government in respect of such breach or default.
(d) How Contract Affected by Provisions Being Held Invalid. I£ any provision
of this Contract is held invalid, the remainder of this Contract shall
not be affected thereby if such remainder would then continue to conform
to the terms and'requirements of applicable law.
(e) Bonus or Commission. By execution of the Grant Contract the Public Body
represents that it has not paid and, also, agrees not to pay, any bonus
or commission for the purpose of obtaining an approval of its application
for the Grant hereunder.
(f) State or Territorial Law. Anything in the Grant Contract to the contrary
notwithstanding, nothing in the Grant Contract shall require the Public
Body to observe or enforce compliance with any provision thereof, perform
any other act or do any other thing in contravention of any applicable
State or territorial law: Provided, That if any of the provisions of the
Grant Contract violate any applicable State or territorial law; or if
• i
CORPUS CHRISTI, TEXAS
DAY OF`���,9,4z.,
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY
COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MLI VER FURMAN
JACK BLpCKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONN I E S 1 2EMORE Q� /1Ji
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
loa
JACK BLACKMON //i�pj
PATRICK J. DUNNE — _-"O��
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE -"—
WM. H. WALLACE /J