HomeMy WebLinkAbout11-77 RESOLUTIONt
RESOLUTION NO. 11-T1
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACTS WITH HECKATHORN CONSTRUCTION COMPANY AND
ANCHOR CONSTRUCTION COMPANY FOR PARKS PROJECT NUMBER 4.
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 a contract
with Heckathorn Construction Company for Parks Project Number
4 at a contract price of $36,567.00. 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 a contract with
Anchor Construction Company for Parks Project Number 4 at a
contract price of $22,116.50. A copy of said contract,
marked Exhibit "B", is attached hereto and made a part hereof.
PASSED AND APPROVED THIS / DAY OF
APPROVED:
tl4 on.,74--
MAYOR
..ATTEST:
t
CITY CLERK
1977.
hMiCROFILMECi
OCT 0197E
DATE
REEL 11 1.4
/1
between
fr
CONTRACT
THIS AGREEMENT, made this day of
City of Fayetteville, Arkansas
(Corporate Name of Owner)
herein through its Mayor
t.
HUD.4236-F
1866)
191 , by and
herein called "Owner," acting
(Title of Authorized Official)
Heckathorn Construction Company, Inc.
,and;
STRIKE OUT (a corporation) (jl(Q,jrgF)p)
INAPPLICABLE y(i11iIiialitiva$doing business as
TERMS
of Fayetteville
hereinafter called 'Contractor."
, County of
Washington
and State of Arkansas
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Construction of chlorinator building and replacement of a filter at Wilson Park Swimming
Pool, Fayetteville, Arkansas
hereinafter called the project, for the sum of Twenty seven thousand nine hundred twenty-thwlars
($ 27 , 923.09 and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary, to cnni-
plete the said project in accordance with the conditions and prices stated in the Proposal, the.General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared byMCCl el l and Consulting Engineers. Inc. , herein entitled the Architect/Engineer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and rul-
Iectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 30 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 75.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
(Over)
wCRpF\LlI`F 3. 'l9
QAZE�
IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each
of which shall be deemed an original, in the year and day first above mentioned.
K ' r�
.(Seal) of
ATTEST: '"
1 A 01
.
-6615"" ) t7 sit y Clerk
(witness)
(Seal)
City of Fayetteville
(Owner)
By 7.7e1-1-ene: ila' rlPJ-
By
Mayor
(Title)
i__H athorn Construction Company
/(Contractor)
'ff
Vice President
(Title)
2401 North Gregg
Fayetteville, AR
(Addres end Zip Code)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
•
HUD -4238•F (6.661
GP 0 869-380
Contract 158 (Arkan,aa) (10.57)
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UNITED STATES FIDELI
�'
I� COMPANY
A,
t,`:
UANTY
-
(A Stock Company)
.,
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
on$tatip ► cpmpan.Y.a....Inc, r Fayetteville.,
We HeCkathi i1..7Ck
Arkansas
E s
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
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;
corporation organized and existing under the laws of the State of Maryland and authorized to do business in the
State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of
f
Fayetteville, Arkansas'
4
as Obligee hereinafter called Owner, in The amount of Twend, seven thousand nine
[
hundred twenty-three.
is
Dollars ($ 271923.00
j for the payment whereof Principal and Surety bind themselves, their heirs,
?'
r.,,-
:,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
c`t
Principal has by written agreement dated entered into a contract
with Owner for furnishing all labor and materials for the construction
:5
of chlorinator building and replacemeintaof a filter at Wilson Park
ei
Swimming Pool, Fayetteville, Arkansas, in accordance with plans and
=;
f...:; --.
specifications prepared by McClelland Consulting Engineers, Inc.,
Fayetteville, Arkansas.
,
IFf4s
, which contract h by reference made a part hereof, and is
=
hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the
>.
e.
`a
Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he
:a
:Th:maysuffer
byreason of failure so to do and shall fullyreimburse and repay the Owner all outlayand expense
P Y P
which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons
-�
all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety, jointly and severally, under•' this obligation,
3
subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force
la
and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action
f:,.
or proceeding shall be brought on this bond except by the Owner after six months from the date final payment
-
is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years
[[4;
from the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance
on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the
/
Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their
liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being
p:.
hereby waived.
In no event shall the aggregat4j ability of
Executed on this lj day
the Sure
exceed the sum
set out herein.
, 192 -7
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of
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4`I
_-
He• a' on n do rr'.n
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n („7 -Inc.
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1
Principal
ti
S'FAeTE "F
AND GUARA
1
TY.COMPANY �;;
S" Sey.0 `.:`
S-cretary UNITED
_
— _
x
—
A. P. Eason, Jr. Attorney-iri=fact
/r�.
'r`
.....
nom`•
7filir.: . .,ti: 1,, y\l,i/!/...:i\t. r}:.. ,v f . 4t17: ,<'--'r�, rlr,....0\J /, :. - iv ,fss:;, �i.....h nii ..,iLe... 1 r ,i ., r ...1• /2NiSet+.. `n
Contract 158 (Arkan,aa) (10.57)
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•
•
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 84805
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A. P. Eason, Jr.
of the City of Fayetteville , State of Arkansas
its true and lawful attorney in and for the State of Arkansas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES
FIDELITYAND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
- OI e`v A. P. Eason, Jr.
Qu
( CO v .p 4•11.1,✓
lawf if doin the premises by virtue of these presents.
jit— _i
(uta)
•
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NOLLI11OS311 40 Ad03
HUD -427/14
(2-66)
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, James McCord the
duly authorized and acting legal representative of the City of
Fayetteville, Arkansas 72701 do hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authorityto execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same In accordance with terms, conditions and provisions thereof.
Date:
HUD -Warn.. D. C.
HUD -'1238 -CD -1
•(6-66)
U.S. DEPARTMENT OF HOUSING ANC UPBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certificotion is required pursuant to Executive Order 11246 (30 F. R..12319.25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable instructions.
Where the certificotion indicates that the bidder hos not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
•
Bidder's Name:
Address:
CERTIFICATION BY BIDDER
Heckathorn Construction Company
2401 North Gregg
Fayetteville, Arkansas 72701
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause. Yes 01 No E
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes 54. No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes Se31 No MI None Required [j
4. If answer to item 3 is " No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
hieCta 71470e-.4 (Ons/ ci6n Le7inPG7 Al% 2-177O-
NAME
LireNAME AND TITLE OF SIGNER (PLEAS( TYPE]
col Len-frrytelizji
SIGNATURE
Previous Editions Obsolete
April 12, 1977
DATE
GPO 8694313
.S. DEPARTMENT OP NUU1ING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate NeeipienI):
City of Fayetteville , Fayetteville, AR
c/o
I. The undersigned, having executed • contract with
Arkansas
DATE
April 28, 1977
B 75 MC -05 -(doth
PROJECT NANC
Filter Replacement
City of Fayetteville
for the construction of the above -identified project, acknowledges that;
(a) The Labor Standards provisions are included in the aforesaid contract;
(b) Correction of any Infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility;
I. Ha sanitise that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an •
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of he Regulations
of the Secretary of labor, Part 5 (29 CFR, Yon 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 O.S.C. 276u -2(o/),
OH No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial
internal is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten dayc after the execution of anysubcontract,
Including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
!.
H• certifies that:
(o) The legal name and the business address of the undersigned are:
Heckathorn Construction Company, Inc. 2401 North Gregg, Fayetteville, AR
(b) The undersigned is:
111 A SINGL E PROPRIETORSHIP
❑1. A CORPORATIONORGANIZED IN THE ST ATE OF
Arkansas
131 A PARTNERSHIP
141 01 HER ORGAIu: ATION (Dcsnibel
(c) The name, title and address of th• owner, partners or officers of the undersigned are:
NAME
TITLE
ADDRESS
adi
?"nn/cull
ore pf-4/
Ste del a
.i net ijeck-4 Terrern
fft"4e
See teeAt— /herg5tsar
HUD -1421.16-751
:
(d) The names and eddiester, of oil ether pusuns, both natural and corporate, having o sups l antiul interest in the undersigned,
and the nature of the interest are If non:. ,,, .ev.'l::
a substantial interest ore fIf non., set suite):
NAME
A OOR E SS
an or stgnca has
TRADE CLA 5SIFICATION
ONE
•
Date _April 28. 1977
By
Heckathorn Construction Company, Inc.
(Cwtt,ariorl
WARNING
U.8. Crimin.l Code, Section 1010. Title 18, U.S.C., provides in part: ,'Whoever makes. posses, utters or pubiishen any
statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both."
Ono ...-CM
te
ADDRESS
N Al UAE OF INTENEST
. /t
/,A )/NNA•ME
j&II /
(e)
The names. oddresses end trade eln.ahenfinn. .,r .0 .d._. k... u:...__.,. ...
:__ "-......
_ ... 1.. ..
a substantial interest ore fIf non., set suite):
NAME
A OOR E SS
an or stgnca has
TRADE CLA 5SIFICATION
ONE
•
Date _April 28. 1977
By
Heckathorn Construction Company, Inc.
(Cwtt,ariorl
WARNING
U.8. Crimin.l Code, Section 1010. Title 18, U.S.C., provides in part: ,'Whoever makes. posses, utters or pubiishen any
statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both."
Ono ...-CM
te
FORM APPROVED
BUDGET BUREAU NO. 63.R1138 HUDd23$.cD-2
(2-671
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Heckathorn Construction Company. Inc. B -75 -MC -05-0001
NAME OF PRIME CONTRACTOR
INSTRUCTIONS
P.ROJECT NO.
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and
regulotions provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor hos not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
Subcontractor's Name:
Address:
SUBCONTRACTOR'S CERTIFICATION
Shenandoah Electric Company
535 West Sixth
Fayetteville, Arkansas 72701
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes C7 No 11.
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes try No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes No is None Required
•
4. If answer to item 3 is "No," pleose explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
Cecil F. England, Owner
1
NAME AND TITLE OF SIGNER (Please Type)
215784P
(SIGNATURE DATE
April 20, 1977
Previous Editions Obsolete
HUD -Wash., D. C.
0
•
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
• SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (.Kppropriou Reeipien r):
City of Fayetteville, Fayetteville, AR
C)U
1. The undersigned, having executed • contract with.
FayettavillP. Arkansas for
DATE
April 28, 1977
PROJECT HUuaER Massy)
B -75 -MC -05-0001
PROJECT NAME
filter Replacement
Heckathorn Construction Company, Inc
(La MI our or SrbconR four/
In the amount of S
in the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has • substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Puri 5), or pursuant to Section 3(a) of the Davis•
Baton Act, es amended (10 U.S.C. 776a-2(0),
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution
of any lower subcontract, • Subcontractor's Certification Concerning Labor Standards and_13.evoiling Wage Reguile-
tn.er‘yk executed by the lower tier subcontractor, in duplicate.
fe) The workmen will report for duly on or about
3. Na cartifi.s shah
(Dale/
ja) The legal name and the business addrest of the undersigned aro,
Shenandoah Electric Company
535 West Sixth
Fayetteville, AR 72701
(b) The undersigned is:
111 A SINGLE PROPRIETORSHIP:
Single Proprietorship
IV A PARTNERSHIP:
131 A CORPORATION ORGAHIT EO IN THE STATE OR
141 OTHER ORGANISATION (Deeeribel
(e) The name, line and address of the owns, partners or olli rens of the undersign d are:
NAME
TITLE •
ADDRESS
NONE
HUD -1127 16-73)
(d) The names and addresses of all other person:, bath natural and corporate, haying o substantial Interest in the undersigned,
and the nature ol'theinlmesl are!/(,m,,, so s lair!:
4
NAME
ADDRESS
NATURE OF INTEREST
NONE
(e) The names, addresses and trade clossili oliont of all other building construction contractors in which the undersigned has
a substantial Interest are (If none, so u.r e):
NAME
ADDRESS
TRADE CLASSIFICATION
NONE
Shenandoah Electric Company
(Sa bran ua rno.)
By 9ne.(L.A.YA.
($iJature)
WARNING
Coril F England, Owner
(Typed .Name and Titre)
'V.E. Comin.I Code, Section 1010, Title 18, U.S.C., provides In pest "Whets r metes. p.s.es, utters, or publishes eny
st.ument, knowing Ole same to be Islee .hell be fined not more then 15.000 or Imprisoned not more then two years, or both."
GPO 155.444
•
•
RESOLUTION NO
7G-16
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 hereto and made a part hereof.
PASSED AND APPROVED THIS Al DAY OF 0 , 1976.
APPROVED: /)
p�u Bim./ C/.
MAYOR
ATTEST;
CITY CLERK
•
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this
19 %%, by and between CITY OF
referred to as the OWNER, and
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c23.4 -4L day ofDele
FAYETTEVILLE, ARKANSAS, hereinafter
McCLELLAND CONSULTING ENGINEERS;
INC., Fayetteville, Arkansas, hereinafter referred to as to
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,
State of Arkansas, and the ENGINEER agrees
Washington County,
to perform the pro-
fessional engineering services required for same. .The work will
consist of engineering services and coordination to perform
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.
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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.
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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. /
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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,
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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.
OVERTIt4E 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:
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ENGINEERING:
Principal or Officer of Firm
Project Engineer
Engineering Aide
DRAFTSMAN:
OFFICE PERSONNEL:
$35.00/hour
$30.00/hour
$20.00/hour
$10.00/hour.
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
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