Loading...
HomeMy WebLinkAbout41-76 RESOLUTION•••• ••• • • RESOLUTION NO. 1//- 76 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ENGINEERING CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR THE CONSTRUCTION OF IMPROVEMENTS AT DRAKE FIELD AND FOR THE CONSTRUCTION OF RECREATION IMPROVEMENTS AT ASBELL, LAKE FAYETTEVILLE, WILSON AND WALKER PARKS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute an engineering contract with McClelland Consulting Engineers, Inc. for the construction of improvements at Drake Field. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute an engineering contract with McClelland Consulting Engineers, Inc. for the construction of improvements at Asbell, Lake Fayetteville, Wilson and Walker Parks. A copy of said contract, marked Exhibit "B", is attached hereto and made a part hereof. PASSED AND APPROVED THIS/'DAY OF 1976. APPROVED: OAS)'hai2, mAjYOR ATTEST: Aitsw CITY CLERK ••1 • • (r • LJ AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 4irt4 day of KillifiliAtt 1976, by and between CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER: The OWNER desires to provide certain improvements to Asbell, Lake Fayetteville, Wilson and Walker Parks, within the Parks System of the City of Fayetteville, in Washington County, State of Arkansas, and the ENGINEER agrees to perform the professional engineering services required for same. Specifically, the work will consist of engineering services and coordination to accomplish the following: 1. Construction of women's softball field at Asbell Park, including outfield fencing, bleachers, dugouts, backstop, waste receptacles, scoreboard and complete lighting system for night games. 2. Complete lighting system for night games at Lake Fayetteville Park baseball field. 3. Rehabilitation of four existing concrete tennis courts by asphalt overlay, grading and drainage, at Wilson Park. pAcireplaaemea 4 Demolition4of existing men's restroom, Wilson Park. wosYkt.14a Draws -I -Q-1° • 5. Demolition of existing men's and women's restrooms and construction of new replacements, Walker Park. WITNESSETH: That for and in consideration of the mutual covenants and agreements between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES Thatthe ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will conduct preliminary investigations required to determine project feasibility. 2. The ENGINEER will prepare detailed plans, specifications and cost estimate. 3. The ENGINEER will attend conferences with the OWNER and other interested parties. 4. Prior to the advertisement for bids, the ENGINEER will provide not to exceed ten (10) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER. The cost of not to exceed ten (10) copies of such plans, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. -2 • • • 5. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies. Original documents, tracings, and the like, except previously owned by the ENGINEER, are and shall remain the property of the OWNER. 6. The plans prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground, and shall be sufficient for the bidders to formulate intelligent bids and sufficient for con- struction of every detail of the project. 7. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. 8. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 9. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. -3 • • • 10. The ENGINEER will provide horizontal and vertical control for all structures in the form of bench marks or reference points to be used by the contractor in staking the construction. 11. The ENGINEER will provide general construction observation of the work of the contractors as construction progresses. 12. The ENGINEER will review and approve estimates for progress and final payments. 13. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 14. The ENGINEER will provide the OWNER with two sets of "AS -Built" prints at no additional cost to the OWNER. 15. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all un- foreseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER. 16. The ENGINEER further agrees to obtain and maintain at the ENGINEER's expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement, such insurance being • • that normally covered by General Liability and Public Liability/Property Damage insurance. 17. The ENGINEER will commence the work immediately execution of this contract, and will have Plans Specifications completed, ready for advertising upon and and receiving bids, with fortyfive (45) calendar days therefrom. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING & DESIGN: A sum equal to fifty-eight hundred dollars ($5,800.00 ) for the services described in Section A, paragraphs 1 - 7 inclusive. This amount shall be due and payable upon completion, presentation to and acceptance by the OWNER of the Detailed Plans and Specifications. GENERAL CONSTRUCTION OBSERVATION: The sum of thirteen hundred dollars ($1,300.00 ) for the performance under Section A, paragraphs 8 - 15, inclusive. This amount shall be payable in monthly installments, based upon the monthly estimate prepared to pay the construction contractors, the final incremental amount being payable upon completion and final acceptance of the con- struction work. -5 The compensations stated above shall be the maximum to be paid the ENGINEER for the basic scope of services defined under Section A, paragraphs 1 - 15, inclusive, herein. In the event the OWNER decreases the scope of the work, such decrease being ordered prior to the performance of the services by the ENGINEER, the compensation to be paid the ENGINEER shall be determined by unit prices and hourly rates delineated in Section C, herein. OVERTIME ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the con- struction require additional time and result in a requirement for additional services, payment for these services shall be made in accordance with the methods and schedules given in Section C. SECTION C - ADDITIONAL OR DECREASED ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, additional surveys, legal descriptions, overtime engineering, soil investi- gations, laboratory testing, or any services not specifically included in the scope of this contract. In such event, it is mutually agreed that compensation for such additional services shall not exceed two thousand dollars ($2,000.00), and the actual amount to be paid shall be determined by the following hourly or unit price schedule, as applicable: PERSONNEL: Three-man party Two-man party -6 $30.00/hour $22.00/hour • ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide DRAFTSMAN: OFFICE PERSONNEL: Secretarial/Clerical LABORATORY SERVICES: Standard Proctor Determination Field Densities Concrete Cylinders • $35.00/hour $30.00/hour $20.00/hour $10.00/hour $10.00/hour $50.00/each $10.00/each $ 8.50/each In the event the OWNER requires additional services of the ENGINEER, for which the total compensation shall exceed the maximum herein stated for additional services, the OWNER and the ENGINEER shall enter into a new contract to provide for the performance of the services and compensation therefor. SECTION D - TERMINATION In the event the ENGINEER, due to causes beyond his control, shall become unable to complete the contract provisions herein, the OWNER, after receipt of written notification from the ENGINEER, may void the contract and employ another engineer to complete the work. In such event, all notes, calculations, drawings, specifi- cations and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to • • • the OWNER for the OWNER'S disposition. Compensation due the ENGINEER will be determined by unit prices established in Section C, hereunder. In the event the ENGINEER shall breach the contract hereunder, shall fail to perform the delineated tasks hereunder, or shall not perform the contract in a manner suitable to the OWNER, the OWNER may terminate this contract by written notice, effective at the time of receipt of notice by the ENGINEER. In such event, all notes, calculations, drawings, specifications and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER's disposition. Compensation due the ENGINEER under any one of the circumstances stated will be determined by the unit prices estab- lished in Section C, hereunder, with the added provision that such compensation shall not exceed the arithmetic difference between the contract price hereunder and the total monies actually to be paid another engineer who has been employed to complete the work. SECTION E - ACCESS TO RECORDS It is further agreed that the OWNER, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination, excerpts and/or transcriptions. -8 • IT IS FURTHER AGREED, that a prior contract, executed between the parties hereto, and pertaining partially to the same project herein described, shall become null and void upon execution of this instrument. This AGREEMENT shall inure to the benefits of and be binding upon the legal representative and successors of the parties respectively and shall become effective upon execution. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, AGREEMENT in duplicate on the date heretofore stated. (SEAL) ATTEST: ciiiiittutoctiliddiuttat Type Name Darlene Westbrook Title City Clerk (SEAL) ATTEST: /17 Type Name F. Ervan Wimberly Title Vice -President _ 9 OWNER: this by r-)2i.ate:tP7t Type Name Marion R. Orton Title MaYOr ENGINEER: Title President • AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES The AGREEMENT FOR ENGINEERING SERVICES, dated August 26, 1976, by and between the City of Fayetteville, Arkansas, called the OWNER, and McClelland Consulting Engineers, Inc., called the ENGINEER, for engineering services in connection with the construction of improvements to Asbell, Lake Fayetteville, Wilson and Walker Parks, is hereby amended in order to comply with the requirements of the Department of Housing and Urban Development. WITNESSETH, the OWNER and the ENGINEER, this Trii day ofYiktalall.fr 1976, do hereby covenant and agree to the following additional provisions: TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his obligations under this contract, or if the ENGINEER shall violate any of the covenants, agreements, or stipulations of this contract, the OWNER shall thereupon have the right to terminate this contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the ENGINEER under this contract shall, at the option of the OWNER become its property, and the ENGINEER shall be entitled to receive just and equitable compensation, based on the hourly and/or daily MICROFILMED DATEJUL 1 o 3979 REEL • • rates stipulated or other costs as allowed under this contract, for any satisfactory work completed on such documents. Notwithstanding the above, the ENGINEER shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of the contract by the ENGINEER and the OWNER may withhold any payments to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the OWNER from the ENGINEER is determined. TERMINATION FOR CONVENIENCE OF THE OWNER: The OWNER may term- inate this contract any time by a notice in writing from the OWNER to the ENGINEER. If the contract is terminated by the OWNER as provided herein, the ENGINEER will receive instant equitable compensation based on the hourly and/or daily rates stipulated or other costs as allowed under this contract less payments of compensation previously made provided, however, that if less than sixty percent of the services covered by the contract have been performed upon the effective date of such termination, the ENGINEER shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the ENGINEER during the contract period which are directly attributable to the uncompleted portion of the service covered by this contract. CHANGES: The OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of -2 The ENGINEER's compensation, shall be incorporated in written amendments to this contract. PERSONNEL: 1. The ENGINEER represents that he has, or will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractural relationship with the OWNER. 2 All the services required hereunder will be performed by the ENGINEER and all personnel engaged in the work shall be fully qualified and shall be authorized or per- mitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correct- ional institution shall be employed on work under this contract. COMPLIANCE WITH LOCAL LAWS: The ENGINEER shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ASSIGNABILITY: The contractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written ap- proval of the OWNER; Provided, however, that claims for money due or to become due the ENGINEER from the OWNER under this con- tract may be assigned to a bank, trust company, or other financial • • • • • institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the OWNER. EQUAL OPPORTUNITY: During the performance of this contract, the ENGINEER agrees as follows: 1 The ENGINEER shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The ENGINEER shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex, 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. 2 The ENGINEER shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The ENGINEER shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. • • 3. The ENGINEER shall incorporate foregoing requirements in all subcontracts. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: During the performance on this con- tract, the ENGINEER agrees as follows: 1. The ENGINEER agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. 2. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this contract, as set forth in Para- graph 1 of the General Conditions, "Contract and Con- tract Documents". 3. The ENGINEER shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all sub- contracts. SECTION 3 CLAUSE AS SET FORTH IN 24 CFR 135.20(b) A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the 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 USC 1701u, Section 3 requires that to the greatest extent feasible -5 • • • • opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project to be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B . The parties to this contract will comply with the pro- visions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20(b), and all ap- plicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with 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 workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D . The ENGINEER will include this Section 3 clause in every subcontract for work in connection with the project and - 6 • • • will, at the direction of the applicant for or recipient ofFederalfinancial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub- contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20(b). 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 24 CFR 135.20(b) and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipients, 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 135.20(b). No further compensation shall be due the ENGINEER under this Amendment. -7 •• • • • This AMENDMENT shall inure to the benefits of and be binding upon the legal representative and successors of the parties respec- tively and shall become effective upon execution. .Mm • (SEAL) ATTEST: By lelcizt,&_ ALL10 McCLELLAND CONSULTING ENGINEERS, INC. PRINCIPAL ENGINEER By A Ceer, Type Name F. Ervan Wimberly ame J. E. McClelland Title Vice President (SEAL) ATTEST: By 4 Title President CITY OF FAYETTEVILLE By iaw (14_71/P-72, Type Name Type Name Title Title 8