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HomeMy WebLinkAbout60-76 RESOLUTION• a 4 • RESOLUTION NO. 154540 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR INSTALLATION OF AIR FLOW AND HUMIDITY CONTROL IMPROVEMENTS TO THE SWIMMING POOL ENCLOSURE AT FAYETTEVILLE YOUTH CENTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with McClelland Consulting Engineers, Inc. for engineering services in connection with construction of air flow and humidity control improvements to the swimming pool enclosure at Fayetteville Youth Center. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS DAY oF1,afinttfit; , 1976. APPROVED: 7-14e-scer:pLi (1)7:22d/ ATTEST: COCAI&AU) '0U/ CITY CLERK MAYO • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 5h11 day of VI 6144t4tist) 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 air flow and humidity control improvements to the swimming pool enclosure at the Youth Center, 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 engineer- ing services and coordination to accomplish the following: 1. Furnishing and installing air flow and dehumidification equipment. 2. Furnishing and installing electrical wiring and elec- trical controls, includingnecessaryappurtenances for same, to provide power service to equipment in Paragraph No. 1 above. 3 Furnishing and installing electric lighting and wiring for same in the swimming pool building. 4 Furnishing and installing additional gas service outside building, as needed. CIO‘tteP 15" tt WITNESSETH: That for and in consideration of the mutual covenants and agree- ments between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will conduct preliminary investigations, to include review of existing information furnished by the OWNER. 2. The ENGINEER will prepare detailed plans, specifications and cost estimate, after first selecting the most cost effective means for achieving the desired results, and after obtaining OWNER's approval of same. 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 docu- ments shall be included in the basic compensation paid to the ENGINEER. The ENGINEER shall furnish to the OWNER at this time, a construction cost estimate, revised and up -dated on the basis of the completed design. -2 • 5. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other in- terested 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 construction of every detail of the project. 7. The ENGINEER will assist the OWNER in advertising for construction bids, and will attend the bid opening, tab- ulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. The ENGINEER will also assist in the prepara- tion of the contract documents. 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, and will observe the construction work to protect the OWNER against defects and deficiencies in -3 • • construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any con- tractor. 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 con- struction. 11. The ENGINEER will provide general construction observation of the work as construction progresses, to determine the need for adjustments in the design and to assist in pre- paration of amendments to the contract. 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. -4 • 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 Com- pensation Act and from all claims for bodily injury, death, or property damage which may arise from the neg- ligent performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services re- quired 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 upon execution of this contract, and will have Plans and Specifications completed, ready for advertising and receiving bids, within forty-five(45) calendar days there- from. 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 three thousand dollars ($3,000.00) for the services described in Section A, Paragraphs 1 - 7 inclusive. This amount shall be due and payable upon com- pletion, presentation to and acceptance by the OWNER of the Detailed Plans and Specifications. -5 1ME CONSTRUCTION OBSERVATION: The sum of five hundred dollars ($500.00) for the performance under Section A, Paragraphs 8 - 14, 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 com- pletion and final acceptance of the construction work. 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 de- creases the scope of 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 construction require additional time and result in a requirement for additional services, payment for these services shall be 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, overtime engineering, or any services not specifically included in the scope of this contract. In such event, it is mutually agreed that com- pensation for such additional services shall not exceed one thousand dollars ($1,000.00), and the actual amount to be paid shall be determined by the following hourly or unit price schedule, as applicable: 6 • PERSONNEL ENGINEERING: Principal or Senior Engineer $35.00/hour Project Engineer $30.00/hour Engineering Aide $20.00/hour DRAFTSMAN: $10.00/hour OFFICE PERSONNEL: Secretarial/Clerical $10.00/hour 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 per- formance of the services and compensation therefor. SECTION D - TERMINATION 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 -7 • • • • just and equitable compensation, based on the hourly and/or daily 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 terminate this contract any time by a notice in writing from the OWNER to the ENGINEER. If the contract is terminated by the OWNER as pro- vided 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 madelprovided, 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 addi- tion 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. -8 •••• • • SECTION E - GENERAL PROVISIONS • SUBCONTRACTS: The ENGINEER is hereby permitted to subcontract portions of the work herein, if such is deemed to be in the best interest of the OWNER, provided the party or firm with whom the subcontract is negotiated is well qualified and experienced in the work, and provided further that such subcontractor shall be approved by the OWNER. 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 the ENGINEER's compensation, shall be incorporated in written amend- ments to this contract. PERSONNEL: 1. The ENGINEER represents that he has, or will secure by subcontract or other means at his own expense, 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 or his subcontractor and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correct- ional institution shall be employed on work under this contract. -9 • • • 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 approval of the OWNER: Provided, however, that claims for money due or to become due the ENGINEER from the OWNER under this contract 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 recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. - 10 - • • • 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 pro- visions of this nondiscrimination clause. The shall state that all qualified applicants will consideration for employment without regard to religion, sex, or national origin. ENGINEER receive race, color, 3. The ENGINEER shall incorporate the foregoing requirements in all subcontracts. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: During the performance of this contract, 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 Contract Documents". 3. The ENGINEER shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all sub- contracts. • a 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 opportunities for training and employment be given lower income residents of the project area for work in to business substantial project. and contracts connection with the project to be awarded concerns which are located in, or owned in part by persons residing in the area of the B. The parties to this contract will visions of said Section 3 and the pursuant thereto by the Secretary comply with the pro - regulations issued of Housing and Urban Development set forth in 24 CFR135.20(b),and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with 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 - 12 - • 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 will, at the direction of the applicant for or recipient of Federal financial 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(p). 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 CFR135.20(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 recipient, its - 13 - • • • contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assist- ance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). SECTION F - ACCESS TO RECORDS It is further agreed that the OWNER, the U.S. 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. 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. - 14 - t• 0 • • • • IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AGREEMENT in duplicate on the date heretofore stated. (SEAL) ATTEST By dzit& YtLider(AA, Type Name Title (SEAL) ATTEST: BY Type Name Title F. Ervan Wimberly Vice President - 15 -- CITY OF FAYETTEVILLE, ARKANSAS OWNER: BY 927r2 -i -i -e;7 -t (12c,ce:frni Type Name Title McCLELLAND CONSULTING ENGINEERS, INC. ENGINEER: 474.4147 ame J. E. McClelland Title President LIFE&CASUALTY To rmeVcate rya cinatoetutus /LI The /Etna Casualty and Surety Company 0 The Standard Flre Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 • Date Deeefber 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by 0, as follows: Name of Insured Covering Sturdivant Sheet Metal mad Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION OF Workmen's Compensation Manufacturers & Contractors' Bodily Injury Liability Property Damage Liability Owners' or Contractors' Protective Maly Injury Liability Property Damage Liability Comprehensive Automobile Bodily Injury Liability Property Damage Liability Comprehensive General Bodily Injury Liability 64AL 228754 6-30-76 6-30-77 Property Damage Liability Bodily Injury Liability Property Damage Liability .000 $ 000to. gc,60C c In event of cancellation. tenthsiposk Days Wten ritnotice will be given li- b whan this certifier is widened. (CC -5194-1) 1-73 By Gardner Insurance Agency Authorized Representative 10E8 LIFE&CASUALTY To %gibe& 9? cintitae la The atna Casualty and Surety Company 0 The Standard Firs Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 Date December 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by ra, as follows: Name of Insured Covering Sturdivant Sheet Metal and Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND OF INSURANCE LIMITS OF' LIABILITY EFFECTIVE EXPIRATION POLICY NO. Workmen's Compensation Manufacturers & Contractors' Bodily Injury Liability Properly Damage Liability Owners' or Contractors' Protective Sae* 4Injury Liability Properly Damage Liability Comprehensive Automobile Bodily Injury Liability Property Damage Liability Comprehensive General Bodily Injury Liability 6-50-76 6-50-77 Property 64AL 228754 Damage Liability Bodily Injury Liability Property Damage Liability .000 $ 000 In event al cancellatiat taathscip2Ay Days Written notice will be given to to whom this metabolite is addressed. By (CC -5194-1) 1-73 • , Gartner Insurance Ag9 scY 411/ Authorized Representative • Ira Wiett•frate ifirsitagwe LIFE &CASUALTY To CD The /Etna Casualty and Surety Company 0 The Standard Firs Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 Date December 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by a, as follows: Name of Insured Covering Sturdivant Sheet Metal and Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE . EXPIRATION Each Persco Each Occurrence Workmen's Compensation Manufacturers' & Contractors' Bodily Injury Liability Property Damage Liability $ $ cog $ Owners or Contractors' Protective Bodily Injury Liability Property Damage Liability $ ,000 ' $ OCO $ Comprehensive Automobile Bodily Injury Liability Property Damage Liability $ ,000 $ ,000 Comprehensive General Bodily Injury Liability Properly Damage Liability 300 am $ 300 .000 6-30-76 6-30-77 SO .000 $ 50 ,000 64AL 228754 Bodily Injury Liability Property Damage Liability $ 000 $ n _ ennt el cancel I ISM ten (10) Days Written notice will be given to the pany to whom etis osnitcam is &Armed. (CC -5194) 1-73 By Gardner Insurance Aeency Authorized Representative CAT. 273582 PRINTED IN U.S.A. 4F • • cpro • SET TAB STOPS AT ARROWS • • • • Certificate of Insurance • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS F AC! Walker Brothers Insurance, INc. P.O. Drawer J Springdale, AR 72764 NAME AN O•nrIF'.-S Sturdivant's Sheet Metal & Plumbing P.O. Box 226 Springdale, AR 72764 COMPANIES AFFORDING COVERAGES r— LE 11 f1 A The Home Indemnity Company C I. OD -ANY D - ,EF k niCMAqV E This is to cc fy ttidt pol'cies of .1 surance listed nelcw havn oee' IssL.' I he nsured named -.bo,•e an ii. force at this time 0141I5/IN'Y YPE I 1-41 r f GENERAL LIALiiJl 111COMPREHEN FORM • PPR:, F5. I 41 141 - co AN: HA /FPO N'; HATFIO 1-1 rem...Lys r TF - ;1N LAH ".S11-. 1 IJA, ISSIJPAK.F.r . r Fir ..-rn 6 L. • INAPFN. _ GNI RtLil. PI .P.; kit AUTOMOBILE LIABILITY A ID _ UMBRELLA FORM n OTHER HAN FOPM P.:kW 'f PA, ".1,-ir GA 9 25 65 14 WORKERS' COMPENSATION A EMPLOYERS' BIL Y lc 9 19 14011 OTHER I 1. Lin-iff alt Wilily in ThousandICIO I ,oN L.A1 ; r1 Aro T 4-1-77 -1-77 br nil v IsJuRY PROF f R -y PAMACt TOVEr; ;fl _ I. _IMO'INL 'EACH PI RS( •N HoLlio.IN. .F_AO • 'A' I INV • . I'q3PEPT`4,,AV • I$ 100 I r300 • 10D ; isPop! PTV DAMAGE 1$ DMR.NEL) 100 DESCRIPTION OF OPERATIONS! Cancellation: Shou 1 ;my r.' he abce desci pci• es he so el t,efoie the exp - on I lie thtr at the issur-f corn zr 1. ; • to mail — clThy. -i•c.-1 notice tu the below narr•,d 14 • cite holder. hut tailwe t.• -nal such dim, e snail impose no ci ity -1* Any kind upon the compri NAM!. ANt Ai .1," -,N City of Fayetteville Administration Building Fayetteville, AR 72701 1 DATE ssum. 12-16716 _ Pf _ tot& &AA. AU +ILI PI I”-4(II4-f Ir