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Home My WebLink About2-94 RESOLUTIONRESOLUTION NO. 2-94 A RESOLU PION AWARDING B1D NO. 93-52 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JOHNSON MECHANICAL CONTRACTORS, INC., FOR THE CITY OF FAYETfEVILLE'S 1994 PLUMBING AND RELATED SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Bid No, 93-52 is hereby awarded and the Mayor and City Clerk are hereby authorized to execute a contract with Johnson Mechanical Contractors. Inc., for the City Of Fayetteville's 1994 plumbing and related services. A copy of the contract is attached hereto marked Exhibit 'A" and made a part hereof. PASSED AND APPROVED this 4th day Of January 1994. ATTEST: By: �t not 440°' Sherry L. Thomas, City Clerk APPROVED: '� i !r By: , Fred Hanna, Mayor AGREEMENT FOR PLUMBING AND RELATED SERVICES This AGREEMENT executed this 7-14^ day of January, 1994 between the City of Fayetteville, Arkansas, hereinafter called the "City" and Johnson Mechanical Contractors, Inc., hereinafter called the "Contractor", and having an address at 513 Prairie, Fayetteville, Arkansas, 72701. IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein the parties agree as follows: 1. The Contractor shall at the written request of the City provide material, labor and equipment for plumbing and related service(s) for the following: a. Fleet Operations Center, 1525 S. Happy Hollow Road, Fayetteville, Arkansas, hereinafter called the "primary project"; b. New construction as requested for jobs not bid separately; c. Repair as requested for jobs not bid separately; d. Additional work as required and as directed by owner. 2. The effective dates of this agreement shall be January], 1994 through December 31, 1994. 3. Owner shall pay Contractor follows: Master Plumber Journeyman Plumber Apprentice Plumber Labor Overtime rate Material markup for services rendered as $27.00 per hour $26.00 per hour $21.00 per hour $12.00 per hour 25% additional per hour 25% above cost Rates apply on_y to construction related activities. Service and repair work will be billed a flat rate in lieu of time and material billing. Contractor shall quote an exact price for such work and City shall agree to such price prior to work commencing. Charges will be invoiced to City at the end of each Contractor's monthly accounting periods based upon the above fee schedule and the direct time and expense charges to the project during the preceding accounting period. All invoices are due upon receipt and shall be paid by the City unless disputed within thirty (30) days of their receipt. The maximum amount billed under this agreement shall not exceed $85,000 during calendar year 1994 for the primary project and shall not exceed $20,000 per project for any additional projects. 4. The contract documents which comprise the contract between City and the Contractor consist of this contract and the following documents: a. Bid form identified as Invitation to Bid 93-52 with the specifications, conditions, and requirements typed thereon; b. The Contractor's proposal and all supporting documents and correspondence submitted by the Contractor in response to Bid 93-52. 5. These contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly execute written instrument signed by the City and the Contractor. 6. Contractor shall not assign his duties under the terms of this contract. 2 7. Contractor agrees to hold the City harmless and indemnify the City against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. 8. The Contractor shall furnish a certificate of insurance addressed to the City, showing that he carries the following insurance which shall be maintained throughout the term of the contract. Workers Compensation Comprehensive General and Automobile Insurance Bodily Injury Liability The Property Damage Liability Statutory Amount $ 500,000 for each person injured S1,000,000 for each accident $ 250,000 for each accident $ 500,000 aggregate insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 9. Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent (100%) of the maximum amount of the primary project. Said performance bond shall be conditioned on full and complete performance of this contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials far a period of one (1) year after completion. The Contractor agrees to 3 furnish proof of licensure as required under the terms of Act 160 of the 1965 Acts of the Arkansas Legislature. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "work order" or "Notice to Proceed" and to complete the work within the time agreed to by the parties. 11. All work called for herein shall be coordinated directly with the City Fleet Operations Superintendent, W.A. Oestreich, or other designee of the City. 12. City shall have the right to terminate this Agreement for City's convenience upon written notice of Contractor, and Contractor shall terminate performance of services on a schedule acceptable to City. In the event of termination for City's convenience, City shall pay Contractor for all services performed to date of termination. 13. Nothing in this agreement shall be construed to give any rights or benefits to anyone other than Contractor and City. IN WITNESS WHEREOF, City and Contractor have executed this agreement, the effective date of which shall be January 1, 1994. CITY OF F iCETTT/VILLE, ARKANSAS By: Fred Hanna, Mayor ATTEST: l Hy:_ �%�2�nrad erry L. Thomas, City Clerk ATTEST K". By: _ //r eta, JOHNSON MECHANICAL CONTRACTORS, INC. Title: • 4 AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM • r.:. t • • For the Fayetteville City Ccuncil meeting of FROM: Notioup Ord-ituNtfp S i d n; b rYW' m NcE Name Zivisior. AOM1L! 1/47/Jr'•,; ills. Department ACTION REQUIRED: COST TO CITY: (L. $ Zig (ilio - $ Ccst of this Request Account Number Protect Number Category/Project B:.daet Category/Prc;ect Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached get C_crdtnatcr Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:_ anti g,!anage Attorney Date ADA Cccrdinator� Date 1 id Date internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: :vision mead Date Cross Reference Detartment D:rectcr Date Admire strat ' '.'payor :2 (J-7') Directcr Date o /x;51 Date New Item: Te. No Prev Ord/Res 4: Orig Contract Date: AMENDMENT TO AGREEMENT FOR PLUMBING AND RELATED SERVICES This AMENDMENT is executed this M day of February, 1995, by and between the City of Fayetteville, Arkansas, hereinafter called the "City", having an address at 113 W. Mountain, Fayetteville, AR 72701 and Johnson Mechanical Contractors, Inc., hereinafter called "Contractor", having an address at 513 Prairie, Fayetteville, AR 72701. WHEREAS, on January 4th, 1994, Resolution No. 2-94 was passed and approved, authorizing the Mayor and City Clerk to execute a contract with Johnson Mechanical Contractors, Inc., for plumbing and related service(s); and, WHEREAS, on January 5th, 1994, the above parties entered into a contract for plumbing and related service(s); and, WHEREAS, the parties wish to extend the contract to allow for continued plumbing and related service(s) on the subject project located at 1525 S. Happy Hollow Road, Fayetteville, AR. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein, the parties agree as follows: 1. The Contractor shall at the written request of the City provide material, labor and equipment for plumbing and related service(s) for only the "primary project", Fleet Operations Center, 1525 S. Happy Hollow Road, Fayetteville, AR. 2. This Amendment shall become effective upon its execution. 3. The maximum amount billed under this amendment shall not exceed $20,000.00. • 4. All work called for herein shall be coordinated directly with the Project Manager, Harold Dahlinger. 5. All provisions of the Agreement for Plumbing and Related Services, dated January 5, 1994, shall remain in full force and effect unless specifically changed hereby. IN WITNESS WHEREOF, City and Contractor have executed this Amendment, on the date above stated. ATTEST: 1. 1 i By: i:21L Traci Paul, City Clerk WITNESSETH: BitleT2 CITY OF YETTEVILLE, ARKANSAS I By: : t G`'.'l•YI •, Hanna, Mayor JOHNSON MT}CHANICAL CONTRACTORS, INC. Hy: Title: le-b10E J1r