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HomeMy WebLinkAbout76-76 RESOLUTIONRESOLUTION NO. 16-1,6 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR THE REPLACEMENT OF THE SWIMMING POOL FILTER AT WILSON PARK. 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 the replacement of the swimming pool filter at Wilson Park. A copy of said contract, marked Exhibit "A", is attached heretoand made a part hereof. PASSED AND APPROVED THIS AA/ DAY OF per/ , 1976. ATTEST: 944-6414)LtLittd61/444#4---- IT APPROVED: MAYOR • • • IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized representatives, this AGREEMENT in duplicate on the date heretofore stated '(SEAL) p.4 ,ATTEST: • BY 1a--;yj,-(,c.le Type Name F. Ervan Wimberly • • McCLELLAND CONSULTING ENGINEERS,INC. By Name J. E. McClelland Title Vice President Title President (SEAL) ATTES :n- CITY OF FAYETTEVILE/� By U.txCRB BY //7a te-.rr (L� %2 Type Name Type Name Title 6147 elsek - 14 - Title 2!'p r • SECTION G - MISCELLANEOUS • 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. 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 ENGINEER 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 to 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. * * * * * * * * * * * * * * * * * This Agreement shall inure to the benefits of and be binding upon the legal representative and successors of the parties re- spectively and shall become effective upon execution. - 13 - • • pursuant to the subcontract upon a finding that the • subcontract 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 regu- lations 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 assis- tance, 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 agreeement or contract through which Federal assistance is provided, and to such sanctions as are specified h.- 24 CFR 135.20(b). No further compensation shall be due the ENGINEER under this Agreement. - 12 - • • 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 plicable rules under prior to forth in 24 CFR 135.20(b), and all ap- and orders of the Department issued there - the execution of this contract. The parties to this contract under no contractural or certify and agree that they are other disability which would prevent them from complying with these requirements. C. The ENGINEER will send to each labor organization or representatives 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 will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action • • • • • "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 Contract 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 opportunities for training and employment be given lower income residents of the project area and contracts for - 10 - • • • 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 stall 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 upgrading, demotion, limited to, the following: employment or transfer; recruitment or recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, 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 pro visions 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 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 tran- scriptions. SECTION F - EMPLOYEES AND APPLICANTS 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 em- ployees 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 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. - • 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 compen- sation 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 services covered by this contract. TERMINATION FOR OBSOLESCENCE: In the event the OWNER is unable to secure funds for the construction of the project described herein, this contract shall automatically terminate one year from the date of execution. - 7 • • • • • • ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide $35.00/hour $30.00/hour $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 maxi- mum 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 just and equitable compensation, based on the hourly and/or daily 6 inclusive. This amount shall be payable in monthly install- ments, based upon the monthly estimate prepared to pay the con- struction contractors, the final incremental amount being payable upon completion 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 - 16, inclusive, herein. In the event the OWNER decreasesthe 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 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, over- time engineering, 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: • • • • 15. 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 re- quired under this Agreement, such insurance being that normally covered by General Liability and Public Liabil- ity/Property Damage/Bodily Injury insurance. 16. 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 thirty (30) 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 completion, presentation to and acceptance by the OWNER and ap- proval by state agencies of the Detailed Plans and Specifications. GENERAL CONSTRUCTION OBSERVATION: The sum of one thousand dollars ($1,000.00) for the performance under Section A, paragraphs 8 - 14, - 4 • 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 ENGINEERS will not, however, guarantee the performance by any contractor. 10. The ENGINEER will provide general construction obser- vation of the work of the contractors as construction progresses. 11. The ENGINEER will review and approve estimates for progress and final payments. 12. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 13. The ENGINEER will provide the OWNER with two sets of "AS -BUILT" prints at no additional cost to the OWNER. 14. 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. - 3 • • • • • • • 2 The ENGINEER will prepare detailed plans, specifications and cost estimate, and will obtain approval of said Plans and Specifications from appropriate state agencies. 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 doc- uments shall be included in the basic compensation paid to the ENGINEER. 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 at the site, and shall be sufficient for the bidders to formulate intelligent bids and sufficent for con- struction of every detail of the project. - 2 • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this c 3A,Q_ day offlkCiandu.wc) 19 %(Q, 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 install new filters, piping, valves, chlorination room and chlorination equipment for the swimming pool at Wilson Park, City of Fayetteville, Washington County, State of Arkansas, and the ENGINEER agrees to perform the pro- fessional engineering services required for same. The work will consist of engineering services and coordination to per=or= design required, and prepare plans and specifications for con- struction. Specific tasks are shown in Section A, following. 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 investi- gations to determine project requirements.