The URL can be used to link to this page

Home My WebLink About61-76 RESOLUTION• RESOLUTION NO. 0-16 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN AGREEMENT FOR ENGINEERING SERVICES WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVEMENTS TO ASBELL, LAKE FAYETTEVILLE, WILSON, AND WALKER PARKS, FOR THE PURPOSE OF COMPLYING WITH REGULATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 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 an amendment to an engineering agreement dated August 26, 1976 with McClelland Consulting En- gineers, Inc. for engineering services in connection with improve- ments to Asbell, Lake Fayetteville, Wilson and Walker Parks in order to comply with requirements of the Department of Housing and Urban Development. A copy of said amendment, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THISG•q4DAY OF / / tt{'j/%Hiciih/, 1976. ATTEST: AiLkuzi 'CITY CLERK APPROVED: MAY/��R & t • • 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. K WITNESSETH, the OWNER and the ENGINEER, this day of 6tu,MLIA, 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 ant.. 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 • • • • x 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 liabilityto 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. - 4 MOM • • • • • • 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 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(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. •ASEAL)' ,Ji . :, ff ATTEST:, • BY /AM....OLIO? McCLELLAND CONSULTING ENGINEERS, INC. PRINCIPAL ENGINEER Type Name F. Ervan Wimberly yp-. ame J. E. McClelland Title Vice President Title President (SEAL) ATTEST: CITY OF FAYETTEVILLETh e. C �CO+sJ By/4Z%%��,, %�� 1 / 9974".e'+t.+ yam- 24r/fne ilkSAraok B/ an r UI t't.. Type Name Type Name Title Title 8