HomeMy WebLinkAbout147-82 RESOLUTIONRESOLUTION NO. /V7 -69j%
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR ENGINEERING SERVICES WITH
McCLELLAND CONSULTING ENGINEERS, INC. FOR THE DESIGN
.OF A SOCCER FIELD AND SOFTBALL FIELD IN WALKER' PARK
NORTH.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract for engineering services with
McClelland Consulting Engineers, Inc. for the design of a
soccer and softball field in Walker Park North at a total
contract price of, $7,895.47 of which $4,021.27 shall be for
design and $3,874.20 shall be for construction management.
A cony of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this c2/,5/day of .-DeLle%ij5.e.- , 1982.
sit
,4
:ATTEST: j,
City Clerk
APPROVED:
By: C;(3tAx.1
Mayor
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this c275f day of J. 2a ,j r , 1982, by
and between the 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 make clearing and grading improvements to Walker
Park North within the City of Fayetteville.
The ENGINEER agrees to perform the professional engineering services
required for the same. The work will consist of engineering services and
coordination to perform the design required, prepare plans and specifications
for construction, and periodically observe the construction.
WITNESSETH: That for and in consideration of the mutual covenants and
agreements 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 perform field surveys to obtain topographic
information, the location of all identifiable existing utilities, and
the location of all apparent street right-of-way lines as relate to
the area (approximately 7 acres) where the softball and soccer
fields are to be located, in accordance with the Owner's Request
for Proposal, dated November 19, 1982.
2. The ENGINEER will prepare a copy of all reduced field notes.
3. The ENGINEER will prepare a recommended design for the
desired improvements in the form of a red -lined blueprint and a
preliminary cost estimate for the recommended improvements.
4. The ENGINEER will attend conferences with the OWNER and
other interested parties as specifically relate to review of the
ENGINEER'S preliminary design and the Large Scale Development
Process; however, it is expressly understood that the Owner will
be responsible for the effort to have the referenced property
properly rezoned for the proposed use.
5. After the OWNER'S review of the ENGINEER'S preliminary
design, the ENGINEER will prepare detailed Plans, Specifications
and a revised cost estimate, and will obtain approval of said
Plans and Specifications from appropriate City agencies.
6. Prior to the advertisement for bids, the ENGINEER will provide
no more than two (2) copies of detailed Plans, Specifications,
and Contract Documents for approval and use by the OWNER.
The cost of no more than two (2) copies of such plans,
specifications, and contract document shall be included in the
basic compensation paid to the ENGINEER.
7. The ENGINEER will furnish additional copies of Plans,
Specifications and Contract Documents as required by
prospective bidders and other interested parties, but may charge
for actual cost of such copies. Original documents, tracings,
and the like, except those previously owned by the ENGINEER,
are and shall remain the property of the OWNER.
8. The Plans furnished by the ENGINEER under the provisions of
Section A-7, above, shall be in sufficient detail to permit the
actual location of the proposed improvements at the site, and
shall be sufficient for bidders to formulate intelligent bids and
sufficient for construction of every detail of the project.
9. The ENGINEER will attend the bid opening and tabulate the bid
proposals, make an analysis of the bids, and make
recommendations for awarding the contract for construction.
10. 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
ENGINEER will not, however, guarantee the performance by any
contractor.
11. The ENGINEER will provide general construction observation
periodically as construction progresses by the Contractor.
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
consultations necessary to assist in the correction of all
unforeseen project operation difficulties for a period of one year
after the date of final inspection and acceptance by the OWNER.
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 Workmen's Compensation Act and
(2)
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 required under this Agreement, such
insurance being that normally covered by General Liability and
Public Liability/Property Damage/Bodily Injury Insurance.
17. The OWNER shall provide all rights-of-way and rights -of -entry
necessary for the ENGINEER to conduct preliminary surveys and
to observe construction.
18. The OWNER shall pay for all advertising related to receiving
contracts and shall pay for any other advertising necessary to
complete the project. The OWNER shall pay for any permits or
inspection fees required by any reviewing agency.
19. The ENGINEER will commence work immediately upon execution of
this contract, and will have the preliminary design and cost
estimate completed within four (4) weeks therefrom.
20. The ENGINEER willcommence work on the Detailed Design
immediately upon notification by the OWNER, and will have the
Detailed Plans, Specifications and Contract Documents completed
and ready for advertising and receiving bids within four (4)
weeks therefrom.
SECTION B - COMPENSATION FOR ENGINEERING SERVICES
That the OWNER shall compensate the ENGINEER for engineering services
based upon the following schedule:
PRELIMINARY DESIGN AND COST ESTIMATES AND DETAILED DESIGN AND
SPECIFICATIONS: For services described in Section A, paragraphs 1 through
9, the OWNER shall compensate the ENGINEER for the actual time involved
(including labor, overhead, expenses and profit), a sum not to exceed four
thousand, twenty-one dollars and twenty-seven cents ($4,021.27). The actual
fee amount . shall be based upon cost reimbursement and shall be due and
payable upon completion of the detailed Plans and Specifications, approval by
the OWNER, and after advertisement for bids. The rates for cost
reimbursements are listed herein under Section C. The profit will be five
_hundred, twenty-four dollars and fifty-one cents ($524.51) in accordance with
HUD requirements.
GENERAL CONSTRUCTION OBSERVATION: For the
Section A, paragraphs 10 through 16, the OWNER
ENGINEER for the actual time involved (including labor,
profit), a sum not to exceed three thousand, eight
dollars and twenty cents ($3,874.20). The actual fee
(3)
services described in
shall compensate the
overhead expenses and
hundred, seventy-four
amount shall be based
upon cost reimbursement and shall be due and payable in monthly installments.
The rates for cost reimbursements are listed herein under Section C. The
profit will be in accordance with HUD requirements.
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 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 surveys, easements, additional construction work,
overtime engineering, construction materials testing (including technician's
"stand-by" time), cost estimates for "alternative systems", court appearances
involved in arbitration, legal depositions, condemnation proceedings, matters
concerning liquidated damages, or any services not specifically included in the
scope of this contract In such event, the actual amount to be paid shall be
determined by the following hourly or unit price schedule, as applicable.
PERSONNEL
ENGINEERING HOURLY BASE RATE*
Project Manager
Project Engineer
Design Engineer
Engineering Technician
SURVEY/ CONSTRUCTION
$17.79
16.11
12.39
9.16
Inspector $12.50
3 -Man Crew 12.88
DRAFTING
Supervisor $12.88
Draftsman 6.16
CLERICAL $ 6.16
*Rates to remain in effect for a period of one year.
The overhead rate applied to direct labor cost will be a 1.14 multiplier. The
profit will be in accordance with HUD requirements.
(4)
CONSTRUCTION MATERIALS TESTING
Standard Proctor Curve, soils
(including sampling)
per curve
Modified Proctor Curve, soils
and base material,
(including sampling)
per curve
Field Density determinations
per test (min. of 3 per trip)
Lab Technician (Stand-by Time)
$90.00/each
$90.00/each
$13.50/each
$12.88/hour
Compensation for field and laboratory construction control testing shall be
due and payable on monthly basis after submission of reports of testing
performed during each month.
REIMBURSEABLE EXPENSE: Actual cost of special tests and services of special
consultants.
SECTION D - TERMINATION
TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the
ENGINEER shall fail to fulfill in timely and proper mariner 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 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 rates stipulated or other costs as allowed under this
Contract, for anysatisfactory 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 provided herein,
(5)
l
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 compensations 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.
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 transcriptions.
SECTION F - EMPLOYEES AND APPLICANTS
PERSONNEL:
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 permitted under state and
local law to perform such services.
3. No person who is serving sentence in a penal or correctional
institution shall be employed on work under this contract.
EQUAL OPPORTUNITY: During the performance of this contract, the
ENGINEER agrees as follows:
(a) The ENGINEER will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
or national origin. The ENGINEER will take affirmative action to
ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
(6)
•
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. The ENGINEER 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.
(b) The ENGINEER will, in all solicitations or advertisements for
employees placed by or on behalf of the ENGINEER, state that
all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin
(c) The ENGINEER will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so
that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to
contracts or subcontracts for standard commercial supplies or
raw materials.
Civil Rights Act of 1964. Under Title VI of the Civil Rights Act
of 1964, no person shall, on the grounds of race, color, sex, or
national origin, be excluded from participation in, be denied the
benefits, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974
1) No person in the United States shall on the ground of race,
color, national origin, or sex be excluded from participation
in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in
whole or in part with funds made available under this title.
2) Whenever the Secretary determines that a State or unit of
general local government which is a recipient of assistance
under this title has failed to ply with subsection 1) or an
applicable regulation, he shall notify the Governor of such
State or the chief executive officer of such unit of local
government of the noncompliance and shall request the
Governor or the chief executive officer to secure
compliance. If within a reasonable period of time, not to
exceed sixty days, the Governor or the chief executive
officer fails or refuses to secure compliance, the Secretary
is authorized to (1) refer the matter to the Attorney
General with a recommendation that an appropriate civil
action be instituted; (2) exercise the powers and functions
(7)
•
•
provided by Title VI of the Civil Rights Act of 19634 (42
U.S.C. 2000d); (3) exercise the powers and functions
provided for in section 111 (a) of this Act; or (4) take
such other action as may be provided by law.
3) When a matter is referred to the Attorney General Pursuant
to subsection 2), or whenever he has reason to believe that
a State government or unit of general local government is
engaged in a pattern or practice in violation of the
provisions of this section, the Attorney General may bring
a civil action in any appropriate United States district court
for such relief as may be appropriate, including injunctive
relief.
(d) The ENGINEER 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.
(e) The ENGINEER 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 these books, records,
and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such
rules, regulations, and others.
(f)
In\ the event of the ENGINEER'S noncompliance with the
non-discrimination 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 ENGINEER
may be declared ineligible for further Government contracts or
federally assisted construction contract procedures by rule,
regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The ENGINEER will include the portion of the sentence
immediately preceding paragraph (a) and the provisions of
paragraph (a) through (g) 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. The ENGINEER
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
non-compliance; provided however, that in the event the
ENGINEER becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by
the Department, the ENGINEER may request the United States to
(8)
•
enter into such litigation to protect the interest of the United
States.
• "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT
AND BUSINESS OPPORTUNITIES
1. Every contract or agreement for a grant, loan, subsidy, or
other direct financial assistance in aid of housing, urban
planning, development, redevelopment, or renewal, public or
community facilities, and new community development, entered
into by the Department of Housing and Urban Development with
respect to a section 3 covered project shall contain provisions
requiring the applicant or recipient to carry out the provisions
of section 3, the regulations set forth in this part, and any
applicable rules and orders of the Department issued thereunder
prior to approval of its application for assistance for a section 3
covered project.
2. Every applicant, recipient, contracting party, contractor, and
subcontractor shall incorporate, or cause to be incorporated in
all contracts for work in connection with a section 3 covered
project, the following clause (referred to as a section 3 clause):
(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 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
provisions 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 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 contractural or other
disability which would prevent them from complying
with these requirements.
(9)
(c) The ENGINEER will send to each labor organization or
representatives or other contract or understanding if
any, a notice advising the said labor organization or
worker's 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 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
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, itn E7ucce::6crs, 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).
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
(a) The ENGINEER will not discriminate against any employee or
applicant for employment because of physical or mental handicap
in regard to any position for which the employee or applicant for
employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: Employment,
upgrading, demotion or transfer, recruitment, advertising, layoff
(10)
or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(b) The ENGINEER agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the
Act.
(c) In the event of the Engineer's noncompliance with the
requirements of this clause, actions for noncompliance may be
taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
(d) The ENGINEER agrees to post in conspicuous places, available to
employees and applicants for employment notices in a form to be
prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the contractor's
obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and
employees.
(e) The ENGINEER will notify each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract understanding, that the contractor is bound by
the terms of section 503 of the Rehabilitation Act of 1973, and is
committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
(f) The ENGINEER will include the provisions of this clause in every
subcontract or purchase order of $2,500 or more unless exempted
by rules, regulations, or orders of the Secretary issued
pursuant to section 503 of the Act, so that such provisions will
be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE
VIETNAM ERA
(a) The ENGINEER will not discriminate against any employee or
applicant for employment because he or she is a disabled veteran
or veteran of the Vietnam era in regard to any position for
which the employee or applicant for employment is qualified.
The contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified disabled
veterans and veterans of the Vietnam era without discrimination
based upon their disability or veteran status in all employment
practices such as the following: Employment upgrading,
demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(b) The ENGINEER agrees that all suitable employment openings of
the contractor which exist at the time of the execution of this
contract, including those not generated by this contract and
including those occurring at an establishment of the contractor
other than the one wherein the contract is being performed but
excluding those of independently operated corporated affiliates,
shall be listed at an appropriate local office of the State
employment service system wherein the opening .occurs. The
contractor further agrees to provide such reports to such local
office regarding employment openings and hires as may be
required.
State and local government agencies holding Federal contracts of
$10,000 or more shall also list all their suitable openings with the
appropriate office of the State employment service, but are not
required to provide those reports set forth in paragraphs (d)
(e).
(c) Listing of employment openings with the employment service
system pursuant to this clause shall be made at least
concurrently with the use of any other recruitment source or
effort and shall involve the normal obligations which attach to
the placing of a bona fide job order, including the acceptance of
referrals of veterans and nonveterans. The listing of
employment openings does not require the hiring of any
particular job applicant or from any particular group of job
applicants, and nothing herein is intended to relieve the
contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
(d) The reports required by paragraph (b) of this clause shall
include, but not be limited to, periodic reports which shall be
filed at least quarterly with the appropriate local office or,
where the ENGINEER has more than one hiring location in a
State, with the central office of that State employment service.
Such reports shall indicate for each hiring location (1) the
number of individuals hired during the reporting period, (2) the
number of nondisabled veterans of the Vietnam era hired, (3)
the number of disabled veterans of Vietnam hired, and (4) the
total number of disabled veterans hired. The reports should
include covered veterans hired for on-the-job training under 38
U.S.C. 1787. The contractor shall submit a report within 30
days after the end of each reporting period wherein any
performance is made on this Contract identifying data for each
hiring location. The contractor shall maintain at each hiring
location copies of the reports submitted until the expiration of
(12)
one year after .final payment under the Contract, during which
time these reports and related documentation shall be made
available, upon request, for examination by any authorized
representatives of the contracting officer or of the Secretary of
Labor. Documentation would include personnel records
respecting job openings, recruitment and placement.
(e) Whenever the ENGINEER .becomes _ contracturally bound to the
listing provisions of this clause, it shall advise the employment
service system in each State where it has establishments of the
name and location of each hiring location in the State. As long
as the contractor is contractually bound to these provisions and
has so advised the State system, there is no need to advise the
State system of subsequent contracts. The contractor may
advise the State system when it is no longer bound by this
contract clause.
(f) This clause does not apply to the listing of employment openings
which occur and filled outside of the 50 States, the District of
Columbia, Puerto Rico, Guam and the Virgin Islands.
(g) The provisions of paragraphs (b), (c), (d), and (e) of this
clause do not apply to openings which the contractor proposes to
fill from within his own organization or to fill pursuant to a
customary and traditional employer -union hiring arrangement.
This exclusion does not apply to a particular opening once an
employer decides to _consider applicants outside of his own
organization or employer -union arrangement for that opening.
(h) As used in this clause: (1) "All suitable employment openings"
includes, but is not limited to, openings which occur in the
following job categories: Production and nonproduction; plant
and office; laborers and mechanics; supervisory and
nonsupervisory; technical; and executive, administrative, and
professional openings are compensated on a salary basis of less
than $25,000 per year. This term includes full-time employment,
temporary employment of more than 3 days' duration, and
part-time employment. It does not include openings which the
ENGINEER proposes to fill from within his own organization or to
fill pursuant to a customary and traditional employer -union
hiring arrangement nor openings in an educational institution
which are restricted to students of that institution. Under the
most compelling circumstances an employment opening may not be
suitable for listing, including such situations where the needs of
the Government cannot reasonably be otherwise supplied, where
listing would be contrary to national security, or where the
requirement of listing would otherwise not be for the best
interest of the Government.
(13)
2) "Appropriate office of the State employment service
system" means the local office of the Federal -State
national system of public employment offices with
assigned responsibility for serving the area where the
employment opening to be filled, including the District
of Columbia, Guam, Puerto Rico, and the Virgin
Islands.
3) "Openings which the ENGINEER proposes to fill from
within his own organization" means employment
openings for which no consideration will be given to
persons outside the contractor's organization (including
any affiliates, subsidiaries, and the parent companies)
and includes any openings which the contractor
proposes to fill from regularly established "recall"
lists.
4) "Openings which the ENGINEER proposes to fill
pursuant to a customary and traditional employer -union
hiring arrangement" means employment openings which
the contractor proposes to fill from union halls, which
is part of the customary and traditional hiring
relationship which exists between the contractor and
representatives of his employer.
(i) The ENGINEER agrees to comply with the rules, regulations, and
relevant orders of the ,Secretary of Labor issued pursuant to the
act.
(1)
In the event of the Engineer's noncompliance with the
requirements of this clause, actions for noncompliance may be
taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the act.
(k) The ENGINEER agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the
contracting officer. Such notice shall state the contractor's
obligation under the law to take affirmative action to employ and
advance in employment qualified disabled veterans and veterans
of the Vietnam era for employment, and the rights of applicants
and employees.
(1) The ENGINEER will notify each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract understanding that the contractor is bound by the
terms of the Vietnam Era Veterans Readjustment Assistance Act,
and is committed to take affirmative action to employ and advance
in employment qualified disabled veterans and veterans of the
Vietnam Era.
(14)
•
(m) The ENGINEER will include the provisions of this clause in every
subcontract or purchase order of $10,000 or more unless
exempted by rules, regulation, or orders of the Secretary issued
pursuant to the ACT, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order
as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action
for noncompliance.
INTEREST OF MEMBERS OF CITY
No member of the governing body of the City, and no other officer,
employee, or agent of the City who exercises any functions or responsibilities
in connection with the planning and carrying out of the program, shall have
any personal financial interest, direct or indirect, in this Contract; and the
Consultant shall take appropriate steps to assure compliance.
INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public
official of such locality, who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any
personal financial interest, direct or indirect, in this Contract; and the
Consultant shall take appropriate steps to assure compliance.
INTEREST OF CONSULTANT AND EMPLOYEES
The Consultant convenants that he presently has no interest and shall no
acquire interest, direct or indirect, in the study area or any parcels therein or
any other interest which would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that
in the performance of this Contract, no person having any such interest shall
be employed.
SECTION I - 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 amendments 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.
(15)
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 respective and shall become
effective upon execution.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be
executed by their duly authorized representatives, this AGREEMENT in
, ',dtipiiEat»on the date heretofore stated.
f
Ona 't62„
(SEAL)in"
ATTEST
Typed Name:
Title:
Date:
-01 ivia. re -11:9
City Clerk
h
ATTEST rA
8rz�/ /Thi
Typed Name: John C. Quinn
Title: Acting Secretary -Treasurer
Date:
&-e-t iff— a//
CITY OF �..fAYG�VILLE
l�L
By:
\rv�>
Typed Name: ,Paul Noland
Title Mayor
A,7dc a/, /9 L
Date:
McCLELLAND CONSULTING
ENGINEERS, INC.
By •
:
Typed Name:
Title
Vernon D. Rowe
Vice President
Date: �6Z�i�i fes d/
(16)
t. COST OR PRICE SlrnMARY FORMAT FDR CONTYACIS UNDER U.S. DHUD GPNflS
(See eccullLxinying instructions before cc pleting this form)
• PART I -GENERAL
1.:RANTES
City of Fayetteville CDD
2-GRAN1I:UMBER
S.NAME OF CONTRACTOR OR SUBCONTRACTOR
McClelland Consulting Engineers, INc.
4 DATE OF PI:OPOSAL
December 6, 1982
D. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include 211' code)
P.O. Box 1229
Fayetteville, Arkansas 72702 •
•
6.TYPE OF SERV CC TO BE FUPNISHZD
Design for Park Improvements
- PART II -COST SUMMARY
7.DIRECT LABOR (Specify labor categories)
MATED
HOURS
HOURLY
- RATE
ESTIMATED
COST
TOTALS
Prosect Manager
4
$ 20:96
$ 83.84
Prosect
Engineer
40
17.79
711.60
''-- !'
Drafting Supervisor
40
9.38
375.20
Survey
Supervisor
and Survey Aids
32
9.98
319.36
Clerical
24
6.00
144.00
=
• DIRECT LABOR TOTAL: -
--':`-;.
.
..._ ,........-.
•:. ,S. ,$ .
1,634.00
$.INDIRECT COSTS (Specify indirect cost pools) -
RATE
It BASE =
ESTIMATED
COST
Direct labor x overhead factor
1.14
s 1,634.00
$ 1,862.76
_.
INDIRECT COSTS TOTAL:,
•-_ _-,
-• - .i $ 1,862•.76
T. OTHER DIRECT COSTS -
- - -
o. TRAVEL
ESTIMATED
COST
-
- •
(I) TRANSPORTATION
�S
,
(2) PER DIEM
-
• TRAVEL SUBTOTAL:
'_
5
- -
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED•
COST
$
S )
•
EQUIPMENT SUBTOTAL:
... ,;i.--,-
••
.
C. SUBCONTRACTS
ESTIMATED
COST
,
$
..
SUBCONTRACTS SUBTOTAL:
S
C. OTHER (Specify Categories)
E$i1MATED
COST
S
.
OTHER SU3TOTAL:t•1S
e; OTHER DIRECT COSTS TOTAL:'
. • �� , - S 0:00
1D TOTAL ESTIMATED COST �S 3.49(1..76
11 PAOFIT ,
Si
_5Z4
1 2 TOTAL FRICE _ S 4,021,22_,. a
to
s
r
t,r. .
COT OfC PRI± S(n,1ARY FORMAT FOR C'OI`TPACIS UNDER U.S. DHUD CPANTS
(See accompanying instructions before completing this four)
• PART 1 -GENERAL
I.SRANTEE
City of Fayetteville CDD
2.GRANT I:UMSER
.3 NAME OF CONTRACTOR OR SUOCONTRACTOR
McClelland Consulting Engineers, Inc.
4 DATE OF PROPOSAL
December 6, 1982
D.ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) .
P.O. Box 1229
Fayetteville, Arkansas 72702
1
6.TYPE OF SERV CC
Construction
Improvements
.
T 0 BE FURNISHZD
Management for Park
- PART II•COST SUMMARY
7.DIRECT LABOR (Snell). labor categories)
ESTI-
MATEO
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Project Manager
1
$ 20.96
S 20.96
-` .. "=` -"'
Project Engineer
8
17.79
142.32
Drafting Supervisor
4
9.38
37.52
"" ' = . `-
Survey Supervisor and Survey Aids
8
9.98
79.84
_
Inspector
120
9.98
1,197.60
Clerical
16
6.00
96.00
:-... ... <.: ;.....'
. 1 DIRECT LABOR. TOTAL:
-
S.
1,574.24
$.INDIRECT COSTS (Specify indirect cost pools) .
RATE
A BASE =
ESTIMATED
COST
Direct
labor x overhead
factor
1.14
's
1,574.24
$ 1,794.63
INDIRECT COSTS TOTAL:
_
.. .
$
1.794.63
9', OTHER DIRECT COSTS
-
a. TRAVEL -
'
ESTIMATED
COST
(1) TRANSPORTATION
•-
(2) PER OIESI
$
TRAVEL SUBTOTAL:
--
S
•- - -
• b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST
S
$ 7
•
EQUIPMENT SUBTOTAL:
.. .-,
•
c. SUBCONTRACTSESTIMATED
COST•
,
$
..
SUBCONTRACTS SUBTOTAL: 1 -
..
S
E. OTHER (Specify cote:odes)
CST IMwTLO
COST
_
1$
OTHER SUBTOTAL: Ir .
t.' OTHER DIREC T COSTS TOTAL:' J ' . 11` '-$ n on
_ _
1D TOTAL ESTIMATED COST Is 3,368f57
11 PRoF,T S 505.33
17 TOTAL 'RICE It : c1A /n
..T
•
McCLELLAND CONSULTING ENGINEERS INC.
Environmental and Materials Testing
Civil, Environmental and Chemical En.ineerin: Consultin
LITTLE ROCK FAYETTEVILLE
J.E. MCCLELLAND, P.E.
VERNON D. ROWE. P.E.
JAMES E. McCLELLAND, P.E.
FRED NIELSEN, R.L.S.
January 3, 1983
Mrs. Olivia Kelley
City Clerk
City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702-F
Re: Proposed Contract for Engineering Services
Walker Park North
Dear Mrs. Kelley:
Enclosed herewith you will find three executed copies of the
referenced contract. If your review is favorable, please place
the contract in line for execution by the appropriate City
officials. After execution, please be kind enough to return
one of the three to this office for file purposes.
Your assistance in this matter is certainly appreciated.
•
Cord'lly yours,
nny Q , P.E.
roject .ordinator
JQ/paa
Enclosure: Three Copies of Contract
1810 N. COLLEGE AVE. P.O. BOX 1229
FAYETTEVILLE, ARKANSAS 72102.1229 TELEPHONES 15011 443-4211/443-2317