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HomeMy WebLinkAbout117-86 RESOLUTIONRESOLUTION NO. 117_86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MODIFICATION TO THE CITY'S CONTRACT TO PROVIDE WATER, SEWER AND REFUSE SERVICE TO THE U.S. ARMY RESERVE CENTER. " BE IT SOLVED BY THE BOARD OF DIRECDDRSS OF THE CITY OF FAYEITEVIIIE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a modification to the City's contract to provide water, sewer and refuse service to the U.S. Army Reserve Center. A copy of the modification authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of t4Vf` •1' . • .hi-./.: y • + , December , 1986. tivoyeg 71, "AIWCNDIVEAR JF SOLICITATION/MODIFICATION OF CONTRACT 2. ARICKIVMEMMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. P00014 86N0V13 6. ISSUED BY DIRECTORATE OF CONTRACTINGcODE USAFACFS, ATTN: ATZR-QB PO BOX 3501 FORT SILL, OK 73503-0501 rr"ai I l0a 5. PROJECT NO. (If applicable) 7. ADMINISTERED BY at other than Item 6) CODE ( 8. NAME AND ADDRESS OF CONTRACTOR (No., street, County, State and ZIP Code) (i) 9A. AMENDMENT OF SOLICITATION NO. City of Fayetteville PO Box... Fayetteville, AR 72702 9B. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NO. XX DABDO5-70-C-3517 el 108. DATED (SEE ITEM 13) CODE I FACILITY CODE 72421(01 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 11II I The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers __ is extended tended. l._ 1 is not ex - Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15. and returning copies of the amendment; Ib) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desina to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) al 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER I5 ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON- TRACT ORDER NO. IN ITEM 10A. 8. THE ABOVE NUMBERED CONTRACT/ORDER I5 MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying cffice, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT 15 ENTERED INTO PURSUANT TO AUTHORITY CF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor II is not, is required to sign this document and return ALT copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contrast subject matter where feasible.) PROVIDE WATER, SEWER & REFUSE SERVICE, USAR CENTER, 1616 WOOLSEY, FAYETTEVILLE, AR SEE CONTINUATION SHEET(S) FOR ADDITIONAL INFORMATION. ' OA'.i1 .?11 "'II lit v:r:V Power Procurement Off E'er Representative 1 7 DEC 1986 Except as provided herein, a❑ terms and conditions of the document referenced In Item. 9A or 10A, as heretofore changed, remains unchanged and In full force and effect. ISA. NAME AND TITLE OF SIGNER (Type or print) Mayor: I 16A. NAME AND TI TLE OF CONTRACTING OFFICER (Type or print) 15C_DATE SIGNED 16B Signa fPer sgn authorized to sign) 16 Begird Valdez STATES OF AM ignatura of on tracting Officer 1160. DA ED. r CONTINUATION SHEET DABD05-7O--C-3517 NAMEOF OFFEROR OR CONTRACTOR City Of Fayetteville ITEM NO. 10 PAGES - SUPPLIES/SERVICES QUANTITY UNIT UNITPRICE AMOUNT 1. ERA ON: Revise contract to incorporate curreat Federal Acquisition Regulation Clauses. 2. This modification shalt be subject to the written approval of the Army Power Procurement Officer, or his duly authorized representative, And sbellrot be binding until approved. 3. The following clauses have been deleted from the contract and the attached revised clauses have been substituted: Paragraph 4 - Officials Not to 5 - Covenant Against 6 - Assignment. of 7 - Convict Labor - Nondiscriaina 9 - Disputes 10 - Definitions 11 - Gratuities 12 - Examination of Records by Comptroller Geseral • Benefit Contingent Fees Claims ion in Employment The following clauses• are added as Paragraphs 13,. 14 atd 15. 13 - Contract Work Hours and Safety Standards Act -- Overtime 14 - Confllrts 15 - Approval of Contract • Compensation • CONTINUATION SHEET NAME OF OFFEROR OR CONTRACTOR City of Fayetteville ITEM NO. 1 DABD05--70-C-3517 w 10 PAGES SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE ' AMOUNT 4. OFFICIALS NOT TO BENEFIT (APR 1984) (FAR 52.<03-1) No member of or delegate to Congress, or resident commissioner, shall be Omitted to any share er part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 5. COVENANT AGAINST CONTINGENT FEES (APR 1984) (FAR,52.203--5) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or under&tanding for a contingent fee, except a bona fide employee or agence. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the fut amount of the contingent fee. (b) 'Bona fide agency," as used in thio clause, mann an established commercial or selling agency, maintained by a contractor for the purpone of securing business, that neither exerts nor proposes to en:It improper influence to solicit or obtain Government contracts nor holds itselL7 out as being wile to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to evert improper influence to solicit or obtain Goveenment contracts nor holds out as being able to obtain any Governme t contract or contracts through improper influence. "Contingent fee," as used in this clause, means may commission, percentage, brokerage, or other fee that is contingent upon the emcees that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on basis other than the merits of the matter. 6. ASSIGNMENT OF CLAIMS (JAN 1986) (FAR 52.232-23) (a) The Contractor, under the Assignme-it of Claiss Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereofter referred to as the "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment sway thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. CONTINUATION SHEET NAME OF OFFEROR OR CONTRACTOR ITEM NO. e5V9SFltAT Ub rUUUL4 to DABD03-70-C-3517 City of Fayetteville SUPPLIES/SERVICES 4 1 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT (b) Any assignment or reassignment authorized und3r tie Act and tics clause :shalt cover all unpaid amounts payable ander this contract, and shall not be nide to acre than one party, except that an assignment or reasai gement may be wade to one party as agent or trustee for two or more parties p-arti:ipatfng in the financing of this contract. (c) The Contractor shall not furnish or disclose to aiy assignee ender this contract any classified document (including this contract) or information related to work ander .this contract until the Centractiag Officer authorizes such action. in writing. CONVICT LABOR (APR 1984) (FAR 52.222.3) The. Contractor agrees not to employ any person undergoing sentence of imprisonment in performing thie contract except as provided by 18 0.5.0 4082(c)(2) and Executive Order 11755, December 29, 1973: 8. EQUAL OPPORTUNITY (APR 1984) (!AR 52.222-26) (a) If, during any 12~month period (including the 12 months preceding the award of this contract), the Contractor has tete or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) throtgh (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor gees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, co_or, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure abet applicants art employed, and that employeen are treated daring employment, without regard to their race, color, religion, sex, ur nations:. origin: Thin shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other fords of compensation, and (viii) selection for training, including epptentice hip. (3) The Contractorlt poet in zonapicuouz places available to employees and applicants for employment the -latices to be provided by the Contracting Officer that explainthis clause. (4) The Contractor shell, in all ;olicitatians or adverticeuent of 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. CONTINQATION SHEET NAME OF OFFEROR OR CONTRACTOR ITEM NO. DAEbd5-7d-C-3517 -r City of Fayetteville SUPPLIES/SERVICES 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract er understanding, the notice to be provided by the Contracting Officer advising the labor anion or workers` representative of thc Contrac.tcr's cotaitments under this clause, and ;pont copies of the notice in conepicuoua place¢ available to employees and. applicants for employment. (6) The Contractor shall comply with Executive Crder 11246, as amended, and the rules, regulations, and orders of thc Secretary of Labor. (7) The Contractor sba11,furaish to the contractiag,agency information required by Retentive Order 1124E, an amene.e3, and by the regulations, and orders of the Secretary of Labor. Standard Form 100 any succehsor fors, is the prescribed fora to be filed wittin 30 days the award, ualess filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books, records., and accounts by the contracting agency or the Of; ice of Fecerai Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be cancelled, terminated, or snipended in whole or in part and the Contractor may be declared ineligible for further Government coatracta under the procedures authorised is Executive Order 11246, as amended In addition, sanctions may be imposed and renedies invoked against the Contractor an provided in Executive Order 11246, as amended, the ruLea, regulations, and orders of the Secretary of Labor, or at otherwise provided by law. ell rules, (EEO -1), or following. (10) The Contractor WW1 include the teras and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regvlatiots, or orders of the Secretary 'of Labor issued under Executive Order 11246, es amended, to that these tens and conditions will be binding upon each subcontractor or 7eadim. (11) The Contractor shall take such action with respect to Any subcontract or purchase order as the contracring agent/ may direct as a weans of enforcing these terms and conditions, including sancti-ma.for noncompliance; provided, that if the Contractor becomes involved in, 3r i2 threatened with, litigation with a subcontractor or vendor as a result of sty direction, the Contractor may request the United States to .anter into the litigation to protect the interests of the United States. (c) .Uotvithatanding any other clause it this contract, disputes relative to this clause will be governed by the procedur=e in 41 CFR 60-1.1. CONTINUATION SHEET NAME OF OFFEROR OR CONTRACTORCity of Fayetteville NUUIYILAILUt7 YUUU14-tb DA/D05-70-C-3517 ITEM NO, SUPPLIES/SERVICES 9. DISPUTES (APR 1984) (FAR 52.233-1) 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT (a) This contract is subject to the Contract Dinputes Act of 1976 (41 U.S.C. 601-613) (the Act). (b) Except as provided in the Act, all iiaputce arisiag under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seekiag, ea a matter of right, the payment of money in a num certain, the adjustment or interpretation of contract , terms, or other relief arising minder or relating to the contract. A claim arising under a contract, unlike a claim relating to the contract, is .a claim that can be resolved under a contract clause that provides for the relief Bought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment. of Honey exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute whet sutrsitted is act a aisle under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amountor in not acted upon in a reasonable tine. (d)(1) A claim by the Coetractor shall be made in writing and submitted to the Contracting Officer for a written decisicn. A claim b; the Government against the Contractor shall be subject to a.written decision by tee Contractitg Officer. (2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that - (i.) The claim is aside in good faith; (ii) Supporting data are accurate and complete to the best of the "Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment of whieh the Contractor believes the Government is liable. (3) (1) Ie the Contractor executed by that individual. (ii) If the Contractor be executed by - plant or is an individual,the certification shall le is not an individual, the certification shall (4) A senior company official in charge at on involved; er be Contractor's CONTINIATION SHEET NAME OF OFFEROR OR CONTRACTOR ra.++STAAAZ1.£VS$ £w V.L EAR DA.BD05- 30-C-3517 City. of Fayetteville 7 10 PAGES ITEMNO. SUPPLIES/SERVICES QUANTITY UNIT UNITPRICE AMOUNT (B) An officer or general partner os the Contractor having arrerail responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 ar less, the Contracting Oficer must, if requested in writing. by the Contractor, rnnder a decision within 60 days of the request. For Contractor -certified claims ewer $50,000, the .Contracting .Officer must, within 60 days, decidethe rials or notify the Contractor of the date by which the decision will be made. (f) She Contracting Officer's decision shall be ianal ageless the Contractor appeals or.files a.suit'as.provided inthe.Act. (g) The Government obeli pay interest on the amount 2ound due end unpaid from (1) the date the Contracting Officer receives the clam. (properly certified if required), ar (2) the date payment otherwise would ,* dee, 1f that date is later, until the date of payment. Simple interest on clams sti811 be paid at the rate, fined by the Secretary of the Treasury as provided ie the Act, Vetch is applicable to the period during ehich the C©ntraeting.-)ffi_er receives the claim and then at the rate applicable for each deepath period es fixed by the Treasury Secretary during the pendency of the claim. l0 DEFINITIONS (APF. 1984) (Beit 52.202-1) (a) "Bead of the agency (alae called "stets/ head") or "Secretary" gleams the Secretary (or Attorney Central, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency-, includiaa any deputy ar assietaat chief official of the agency, and, in the Department of Defense, the Under Secretary and any Assistant Secretary of the Departments of the Army, [Pavy, and Air Force and the Director and Deputy Director of. Defense agencies; and the tern "authorised representative` means any person,persons, or board (other than the Contracting Officer) authorized to ant for the head of the agency or Secretary. (b) "Contracting Officer" means apereon with the authority to eater into, adatininter, and/or terminate.. contracts and make relate& de termination and findings. The term includes certain authorised representatives of the Contracting Officer acting within the limits of their authority am delegated by the Contracting Officer. (c.) Except as otherwiae provided. in this contract, the tern "subcontracts" includes, but is not limited to, purchase orders andchanFes and modifications to purchase orders under this contract. GRATUITIES (APR 1984) (FAR 52..203-3) (a) The right of the Contractor to prcceed may to terminated by written notice if, after.sotice and hearing, the agency head or a designee determines that the Contractor, its. agent, or another representative -- CQNYINUATION SHEET NAME OF OFFEROR OR CONTRACTOR City of Fayetteville ITEM NO. 110DIFICATIOU 7000/4" Ino w.' i DA13D03-70-C-3517 SUPPLIES/SERVICES rot, LJr 8 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT (1) Offered or gave a gratuity (e.g., an entertainment or gist) to an officer, official, or employee of the Government; and (2) Intended, by tho gratuity, to 3btain a csntract or favorable treatment under a contract. - (b) The facts supporting thia determination say be reviemed by any court having lawful jurisdiction. (c) If this contract.Sc terminated under paragraph (a) above, the Government is. entitled - - (1) To pursue the same remedies as in a breach of the contract; and (2) Iti addition to any other damages provided by lam, to exemplary damages of not less than 3 mor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subpararaph (c)(2) is applicable only if this contract uses money appropriated to the Department of Cafeeoe.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies Frovided by lam or wader this contract.. 12. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APIC 1984) (FAt 52.215-1) (a) This clause applies if this contract exceeds $10,000 and vas entered into by negotiation. (b) The Comptroller General of the United States or x duly authorised representative from the General Accounting Office shall, until 3 years after final payment under this contract or for any shorter period opacified iu Federal Acquisition Regulation (FAR) Subpart 4.7, Cortractor Records Retention, have accessto and the right to examine any of the Contractor's directly pertinent books, documents-, papers, or other records involving transection related -to this. contract.. (c) The Contractor aareea to include ir.first-tier subcontract, ceder this contract a clause to the effect that the Comptroller Generti or a duly authorised' representative from the General Accounting Office aha11, teal 3 years after final payment ander the subcontract or for any shorter periot specified in PE1t Subpart. 4,7, have access to and the right to examine any of the subcontractor't directly pertinent books,documents,papers, or other records itvolving tranaactians related to the subcontract. "Subcontract", e.s used in this clause, excludes (1) purchase orders not exceeding $10,000 and (2; subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection chsrge. COTQTINOATION SHEET NAME OF OFFEROR OR CONTRACTOR City of Fayetteville 1 numtpsuasnta rutty AASD05-70-*-3517 ITEM NO. SUPPLIES/SERVICES 9 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT. (d) The period, of access and.exanination in paragraphs (b) and (c) above for records relating to (1) appeal* under the Disputes elaune, (2) litigation or settlement of claims arising frons the perfornsnce of thes contract, or (3) costs and expenses of this contract to which the Comptroller General or a duly authorized representative from the General Accounting Office has taken exception ahall continue until each appeals, litigation claims, or exceptions are disposed of.. 13. CONTRACT wam HOURS AND SAFETY STANDARDS ACT -- OVERTIME CO;L'ENSAfION - GENERAL (MAR 1986) (FAR 52.222-4) This contract, to the extent that it is of a.character *pacified is the Contract Work Hours and Safety Standards Act :40 U.S.C. 327-333) (the A2.t), is subject to the following terns and all other .applicable provisions and exceptions of the Act and the regulations of the .Secretary of Labor. • (a) Overtime. requirements. A Contractor or subcoetra2tor shall act require or permit any laborer or mechanicto work in axce°a of 40 haute in any workweek, on any part of the contract work subject to the Act; unless, the laborer or mechanic receives compensation at a rate not less than. 14 times the basic rate of pay for all hours worked in excess of 40 haute in any werkwrek, whichever produces the greater amount of overtime. • (b) Violation, liability for unpaid wages, and liquidated damages. If the terns .of paragraph (a) above are violated, the Contractor and any subcontractor responsible for the violation shall be liable to any affected employee for unpaid rages. In addition, the Contractor and subco' tractor shall beliable to the United State° for liquidated damages. These damages are computed for each ' individual laborer or eechanic at $1O for each calendar day on which the employee was required or permitted to be employed in violation cf paragraph (a) above. (c) Withholding for unpaid wages and liquidated damages. The Cortracting Officer may withhold from the Contraetor, £rca any moseys payable on account of work performed by the Contractor or subccntrcetor, such ,sweats as may administratively be determined to be necessary to satisfj any liabilities of the Contractor or subcontractor for unpaid wages and liquiestee damagesas. provided In paragraph (b) above. (d) Subcontracts. The Contractor and subcontractor shall insert paragraphs (a) through (d) of this clause is all subcontracts. (e) Records. The Contractor °ball maintain payroll records containing the information specified in 29 Cia 516.2(a). These records shell be preserved for 3 years from contract completion. The eontractor will make the records available for inspection by authorized representatives of the [Contracting Officer insert the name of agency] and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. titCcITINtIATION SHEET .:UD FIGATIUM YUUU14 to DABDOS-70-C-351.7 NAME OF OFFEROR OR CONTRACTOR City of Fayetteville. ITEM NO. SUPPLIES/SERVICES- 14. CONFLICTS (APB 1984) (FAR 52.208-3) • • 10 1 10 PAGES QUANTITY UNIT UNIT PRICE AMOUNT 3o the extent of any inconsistency between the teres of this contraet and any schedule, rider, or exhibit incorporatedin this contract by reference or otherwise, or any of the Contractor's rules ..nd regulations, the terms of this contract shall. control. APPROVAL OF CDa'1TIACT (APB 1984) (PAR 52.204-1) This contract is subject to the written approval of the agency official design -stadia the.Schedule.,aad abAl2.:not.be binding.unt_i1 Ivo approved. .