HomeMy WebLinkAbout66-76 RESOLUTION•
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RESOLUTION NO. 64'76
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MELVIN MILHOLLAND, CONSULTING
ENGINEER, FOR ENGINEERING SERVICES IN CONNECTION WITH PHASE I
OF THE CITY'S 1976 COMMUNITY DEVELOPMENT SEWER PROJECTS.
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 Melvin
Milholland, Consulting Engineer, for engineering services in
connection with Phase I of the city's 1976 Community Develop-
ment Projects. A copy of said contract, marked Exhibit "A",
is attached hereto and made a part hereof.
PASSED AND APPROVED THIS 7 DAY OF , 1976.
ATTEST:
(Ste `ecu-jt,a
CITY CLERK
APPROVED:
MAYO
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AGREEMENT FOR ENGINEERING SERV1GW -
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THIS AGREEMENT, executed this ' 9 day of December , 19 76
by and between the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, herein -
Melvin L. Milholland, P. E. Consulting Engineer
after called "City" and Miiheiieed-iexineerinr-&-Swevevinv , hereinafter
called "Engineer".
In consideration of the mutual covenants contained herein, City and Engineer
agree as follows:
1. City hereby employs Engineer to perform the engineering services herein-
after set forth for the project described'in Exhibit "A" attached hereto and made a
part hereof.
2. Engineer shall make all surveys. investigations (except underground investi-
gations), and shall make approximate and detailed estimates to determine the location
and cost of all parts of proposed improvements in.the project and the kinds and types
of lines and structures to be built in the project. Based upon said surveys, investi-
gations and estimates, engineers shall prepare all necessary property descriptions,
easement descriptions, and plats. Engineer shall furnish complete detailed plans and
specifications for all project improvements. Engineer shall supervise construction of
all project improvements when a contract for said improvements is let by the City.
Engineer shall assist City in preparing applicaitons for governmental grants to finance
all or any part of the project, and shall assist City in selecting materials for the
project. Engineer shall attend any conference or consultation when requested to do so
by City.
S. Engineer shall provide at his expense a qualified engineering staff to plan,
design, prepare plans and specifications for, and supervise and inspect construction of
all project improvements in an efficient and expeditious manner. Engineer shall maintain
an office in the City of Fayetteville, Arkansas, for said engineering staff until such
time as the engineering work to be performed under this contract has been completed.
4. Engineer shall keep complete records of all engineering work performed under
this contract. At any reasonable time, said records shall be made available by Engineer
for inspection by duly authorized representatives of City or of any governmental agency
which has made a grant, to finance all or part of the project. The following records
shall remain at all times the property of Engineer: working drawings, original stencils
of specifications, and field notes and tracings. Property survey plats and estimate
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calculations shall become property of City upon final payment to Engineer for
engineering services rendered under this contract. All records required under this
contract shall be maintained by Engineer and made available to City or a governmental
agency as provided herein for a period of three years after final payment to Engineer
for services rendered hereunder.
S. Engineer shall make all surveys and shall stake locations for construction
of all project improvements. Engineer shall supervise all borings, soundings, test pits,
soil pits, or similar investigations necessary for the safe and proper design and con-
struction of all project improvements. Engineer shall make any additional investigations
necessary to determine foundation conditions for any structure to be erected.
6. Engineer shall direct and shall be responsible for all engineering work
necessary for the proper planning, designing, and supervision of construction of all
project improvements. Engineer shall prepare all Maps, plans, specifications, right-of-
way descriptions and blueprints for the project. Engineer shall prepare, subject to
approval by City, all bidding blanks, contract forms, and bid advertisements and notices.
7. Engineer shall commence performance of this contract within thirty (S0) days
of receipt of authorization by City to proceed.
8. Engineer shall assist City in securing approval of plans and specifications
from any governmental agency having jurisdiction over the project, including any govern-
. mental agency from which a grant has been obtained to finance all or part of the project.
Engineer mall tabulate all competitive bids received for construction of project
improvements and shall make a recommendation to City as to which bid, from an engineering
standpoint,will be to the best interests of the City to accept. Engineer shall attend
the public letting of all contracts for construction of the project.
9. Engineer shall provide, at his own expense, a competent engineering organi-
zation of sufficient size to furnish all necessary lines and grades and perform all
engineering work required by this contract. Such personnel shall not be employees
of or have any contractual relationship with the City. Engineer shall carefully inspect
construction of all project improvements to determine whether said construction is being
performed in accordance with the plans and specifications therefor. Engineer shall
designate one member of his engineering staff to be in charge of supervision of
construction and who shall carry the title of ^Project Engineer".
10. All theservices required hereunder will be performed by the contractor or
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under his supervision 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.
Meyerson who is serving sentence in a penal or correctional institution shall be
employed on work under this contract.
11. Engineer shall prepare or approve all necessary data for monthly estimes of
the quality of work performed by any contractor and. shall prepare certificates for
payments to be made to the contractor during the construction of project improvements.
Upon completion of construction of all project improvements, Engineer shall prepare and
submit to City a final construction estimate in the amount due the contractor as
provided in the contractor's construction contract. Engineer shall keep a record of
all work done by the contractor and shall keep a record of certificates of payment to the
contractor as construction work progresses. Upon request by the City or a governmental
agency, Engineer shall also prepare progress reports or such other special reports as
may be required.
12. Engineer shall furnish, and shall pay all costs of printing, specifications,
contracts, and blueprints of plans necessary for securing bids from contractors for
construction of all project improvements. Engineer may charge bidders a reasonable
deposit for plans and specifications which deposit shall be refunded upon return of said
plans and specifications. Engineer may charge suppliers the actual printing cost of
documents furnished for their use.
13. Engineer shall stake the project to designate the necessary lines and grades.
Engineer shall furnish all stakes, equipment for staking, and transportation for
staking.
14. At the completion of construction of the project, the Engineer shall furnish
"as -built" tracings or negatives to City showing all parts of the project as actually
constructed. Engineer shall keep accurate records of project changes and the details
of the work as constructed. Engineer shall record project changes as the work progresses,
so that upon completion of the project, the "as -built" plans will reflect the project
as actually constructed.
IS. City shall provide all rights-of-way and rights -of -entry necessary for
the Engineer to conduct preliminary surveys and to make investigations necessary to
properly locate andconstruct project improvements.
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16. City shall pay the cost of all soundings and borings exclusive of
engineering supervision thereof. City shall pay for analyses of material and labor-
atory work, where required. The laboratory shall be chosen by City in consultation
with Engineer.
17. City shall pay for all advertising for contracts and shall pay for any other
advertising necessary to complete the project. City shall pay for any permits or
inspection fees required by governmental or private. agencies and shall pay all review
fees required by any governmental reviewing agency.
16. Engineer shall be liable for any damages caused to public or private
property by Engineer.
19. Compliance with Local Laws. The contractor 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
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20. Engineer shall not be responsible for the keeping of time or fiscal records
beyond that required for ascertaining pay quantities due contractors.
21. Engineer shall not enter into any sub -contract for the engineering work
required under this contract without first securing the written approval of the City
Engineer. Engineer shall, as soon as practical after the execution of this contract,
submit to the City Engineer, in writing, the names of any sub -contractors he proposes
for any part of the engineering work required hereunder. Nothing contained herein
shall create any contractual relation between any sub -contractor and City.
22. Prior to commencing work under this contract, Engineer shall secure the
following insurance and file certificates'of such insurance with the City:
(a) Comprehensive general public liability insurance with bodily injury limits of
$ 100,000.00/$ 300,000.00 and property damage limits of $ 50,000.00.
(b) Comprehensive automobile liability insurance with bodily injury limits of
$100,000.00/$300,000.00 and property damage limits of $ 50,000.00.
(c)
Standard workmen's compensation and employer's liability insurance.
(d) Contractual liability insurance with bodily injury limits of $ 100,000.00/
$ 300,000.00 and property damage limits of $ 50,000.00.
23. In consideration for engineering services provided under this contract, City
shall pay Engineer as follows:
(a) Field survey party for preliminary design, construction stakes, measurements
for periodic instruments; two, three, or four man party : $30.00 , total
compensation.
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(b) Office engineer for designs, studies, computations, preparation of
specifications: $22.00 per hour, total compensation.
(c) Engineering aide to assist in calculations, preparation of legal descrip-
tions: 816.00 per hour, total compensation.
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(d) Draftsman to prepare plans and easement descriptions: 19per
hour, total compensation.
(e) Construction supervision and, inspection: intermittent: 814.00 per
hour, total compensation: all day: 875.00 per day, actual work days while project
under censtrUCtion,total compensation.
(f) The maximum compensation due Engineer under this contract shall not
exceed 18,850.00
Compensation due Engineer under this contract shall be payable based upon accrued
monthly invoices payable by the 10th of the month following each invoice. In the
event City fails to pay Engineer by the 10th of any month, interest at the rate of ten
(10) per cent per annum shall be charged on the unpaid balance and paid to Engineer.
24. Change orders shall be permitted by Engineer, upon request of City. In the
event of a change order, compensation due Engineer shall be as specified in Paragraph
23 hereof; provided, the maximum compensation due Engineer under this contract shall
be adjusted by negotiation between City and Engineer.
25. This agreement shall be binding upon the parties hereto, their heirs,
successors, administrators, and assigns. Neither party shall assign, sublet, or
transfer his interest in this agreement without the prior written consent of the
other party hereto.
26. In the event of a dispute between City and Engineer over any provision of
this contract, said dispute shall be decided by arbitration. City and Engineer shall
each select one arbitrator with the two arbitrators so selected to select a third
arbitrator. The decision of the three arbitrators so selected shall be binding upon
City and upon Engineer.
27. Termination of Contract for Cause. If, through any cause, the contractor
shall fail to.fulfill in timely and proper manner his obligations under this contract,
or if tho contractor shall violate any of the covenants, agreements, or stipulations
of this contract, the City shall thereupon have the right to terminate this contract
by giving written notice to the contractor of such termination and specifying the
effective date thereof, at least five days before the effective date of such termination.
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Im such event, all finished or unfinished documents, data, studies, and reports
prepared by the contractor under this contract shall, at the option of the City,
become its property, and the contractor shall beentitled to receive just and equitable
compensation, based on the hourly and/or daily rates stipulated or other costs as
allowed under this contract, for any satisfactorywork completed on such documents.
Notwithstanding the above, the contractor shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the contract by
the contractor, and the City may withhold any payments to the contractor for the purpose
of setoff until such time as the exact amount of damages due the City from the
contractor is determined.
28. Termination for Convenience of City. The City may terminate this contract
any time by a notice in writing from the City xo the contractor. If the contract is
terminated by the City as provided herein, the contractor 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 this contract
have been performed upon the effective date of such termination, the contractor 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
contractor during the contract period wheich are directly attributable to the uncom-
pleted portion of the service covered by this contract. If this contract is terminated
due to the fault of the contractor, Section 1 hereof relative to termination shall
apply.
29. Access to Records. The grantee, 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 contractor doing work under this contract which are directly pertinent to a
specific grant program for the purpose of making audit, examination, excerpts, and tran-
scriptions.
• 30. Equal Opportunity Provisions
A. Activities and Contracts not subject to Executive Order 11246, as amended
(Applicable to Federally assisted contracts and related subcontracts under $10,000)
During the performance of this contract, the contractor ogress as follows:
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(1) The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The contractor
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
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advertising; layoff or termination; rates of pay or other fora of compensation; and
selection for training, including apprenticeship.
(2) The Contractor 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 Contractor shall state
that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Contracts subject to Executive Order 11246, as Amended
(Applicable to Federally assisted contracts and related subcontracts exceeding
$ 10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for
employment because of race, color, religion, sex, 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, color, religion, sex, or
national origin. Such action shall 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 Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The Contract will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
or national origin.
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(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 by the Contract Compliance Officer advising the said labor
union or workers' representatives of the Contractor's commitment under this section
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the Secretary
of Labor.
(5) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
(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 canceled, terminated or suspended in whole or in part, and the
Contractor may be declared ineligible for further Government contracts or federally
assisted construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraph (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 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
4he Contractor will take such action with respect to any subcontract or purchase
order as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor be-
comes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the Department, the Contractor may request the United
States to enter into such litigation to protect the interest of the United States.
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C.. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
Development Block Grant Recipient must contactthe appropriate HUD Equal Opportunity
Office for specific instructions.
31. "Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities:
Daring the performance of this contract, the contractor agrees as follows:
(1) The contractor 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 regula-
tions 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 fora part of this
contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract
Documents"
(3) Contractors shall incorporate thea"Section 3 clause" shown below and the
foregoing requirements in all subcontracts.
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 1938, as amended, 12 U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in, or owned in substantial
part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section
3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR /frim , 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 contractor will send to each labor organization or representative of workers
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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 contractor 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 subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 CFR /3C. The contractor 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 1.35- 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_,_, 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
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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 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.
32. The Engineer shall comply with the applicable regulations of the Secretary of
Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback
Act" of June 13, 1934 and any amendments or modificatons thereof.
33. The Engineer will comply with all rules and regulations issued pursuant to
Public Law 91-596 "Occupational Safety and Health Act of 1970".
34. Engineer does not guarantee performance of any contract for the construction
of project improvements. Supervision and inspection of construction of project
improvements by Engineer shall not be deemed to make Engineer responsible for providing
a safe place for the performance of work by any contractor, subcontractor, or supplier.
35. City shall furnish Engineer such plans, records of construction and operation
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or copies of the same, bearing on the project which it may have in its control. A11
such plans, records, or other data so furnished shall be carefully preserved by
Engineer and shall be returned to City at completion of the project, or at the
request of City.
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This agreement executed on the date first above written.
ATTEST:
CITY CLERK
ATTEST:
CITY OF FAYETTEYILLE, ARKANSAS,
A Municipal Corporation
BY -2-4...e;! R
Melvin L. Nilholland, P.E.
ENGINEER
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C.D. EXHIBIT 'A"
PHASE I
PROJECT NO.D-HUD 602
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PHASE I
PROJECT NO.D-HUD 602
SHEET 3 OF 4
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PHASE I
PROJECT NO.D-HUD 602
SHEET 4 OF 4
OLIVE AND WALNUT