HomeMy WebLinkAboutOrdinance 3305 FOR
FILED
' RECORD
88 FEB
22 Ha 9 1p
ORDINANCE NO , 3'3' 2' -I?Y^ TO JJ
/ d-A 01 OOALM " UPl R RpF
AN ORDINANCE WAIVING THE
CRBQ�RLIIt TY OF MIC ►iMED
gff
COMPETITIVE BIDDING FOR PROFESSIONA AGE-
MENT CONSULTING SERVICES .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby waives the
requirements of competitive bidding for professional management
consulting services to implement a system of performance measure-
ment standards for City ' s Public Works Department for the reason
that said requirements are not feasible because selection of a
professional management consultant involves subjective decision
making .
Section 2 . That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with Burke &
Associates , Inc . for professional management services to implement
an improved maintenance and construction management system for the
City ' s Public Works Department at a contract price not to exceed
$ 52 , 500 . 00 . A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit " A" and made a part
hereof .
Section 3 . That the Board of Directors hereby determines
that implementation of an improved maintenance and construction
management system for the City ' s Public Works Department is
essential to the public health , safety and welfare and hereby
determines that the immediate passage of this ordinance is
necessary for the expeditious implementation of said system .
Therefore , an emergency is hereby declared to exist and this
ordinance being necessary for the public health , safety and
welfare shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED this 20th day of October , 1987 .
APPROVED
By : / /A7�XlMi/ l_ w�LudAvC/
" VMay r IV
�; y, � � •. ,. ejGliL7�t"
t: ilerk
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, executed this day of / '�Qij��G[�_ 19B7
is by and between the City of Fayetteville. Arkansas, hereinafter called the " City"
and Burke 6 Associates. Inc. , hereinafter called the " Consultant. "
WHEREAS. the City desires to have a qualified management consultant guide
and assist it in the design, development and implementation of a new maintenance
management system for the City's maintenance and in-house construction activities:
and. . .
WHEREAS the Consultant has presented an acceptable proposal to perform
said needed work.
NOW. THEREFORE, in consideration of the mutual covenants and promises
between the parties hereto, the parties agree as follows:
ARTICLE I — The Project and Services
The Consultant agrees to diligently perform in a professional and workmanlike manner
all services described in this Agreement, including all items set forth in the Consultant's
Proposal , dated August 27. 1967, which Proposal is attached hereto and made a part
hereof.
ARTICLE II — Term of Agreement
1 . This Agreement shall become effective an the execution date hereof, and
shall terminate on the date Consultant completes all obligations hereunder:
provided. this Agreement may be extended by written modification and executed
by both parties.
2. The Consultant shall begin work within fifteen ( 15) calendar days of receipt
of a written notice to proceed from the City.
3. The Consultant shall complete all services in hereunder by November
Eighteenth ( 16th) 19BB. Time is expressly made of the essence of the
118(R 1258PRGM6
Page 2
Agreement. Should Consultant fail to complete servicesby November 18, 1988.
Consultant shall pay to City as liquidated damages, and not as a penalty, the
sum of Fifty dollars ($50) per day until all services are completed: unless the
City agrees, in writing, to an extension of the completion date.
4. Either party shall have the right to terminate this Agreement by giving the
other party thirty (30) days notice. if terminated. by certified mail , return
receipt requested. If notice is so given, this agreement shall terminate upon
receipt of the notice, and the obligation of the parties under this agreement
shall immediately cease.
ARTICLE III — General Conditions
1 . The Consultant shall observe and comply with all Federal . State and local
laws applicable to those employed or engaged by him on the project,
or materials or equipment used, or the conduct of work : and. Consultant shall
procure all necessary licenses, permits and insurance.
2. The benefits and obligations hereunder shall inure to and be binding upon the
parties hereto and their respective successors: provided, the personnel of any
successor to the Consultant, must be acceptable to the City, otherwise the
City may immediately terminate this agreement .
This Agreement shall not be sublet, assigned or otherwise disposed of except
with the prior written consent of the City.
3. The Consultant warrants that he has not employed or retained any company
or person, other than a bona fide employee working solely for the Consultant,
to solicit or secure this Agreement and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for
the Consultant, any fee, commission, percentage brokerage fee , gift or contingent
fee.
4. In the performance of the work covered by this Agreement, the Consultant
shall not discriminate against any worker because of race, creed, color, political
affiliation or national origin.
5. All documents produced by the Consultant under this Agreement shall be owned
by the City. The Consultant, however, shall have the right to copy said materials
for its use in or on other projects.
6. The Consultant shall not perform any work beyond the scope of this Agreement
unless so authorized by written modification of. this agreement.
LIBER 1258PAGE887
Page 3
7. The Consultant shall make a reasonable effort to create an effective interface
between its system design and the design of the system being developed by
CAMEO Software Solutions, Inc. ( CAMEO] The Consultant shall not be responsible
or liable for any delays in this project caused by CAMEO.
ARTICLE IV — Responsibilities: Consultant and City
Responsibilities of both the Consultant and the City are set out below.
The Consultant Shall:
1 . Provide a professional staff, as described in the Consultant's Proposal.
2. Conduct the work in accordance with the Consultant's Work Plan and Schedule
described in the Proposal .
3. Deliver in a timely manner, all services and products specified in the Proposal .
The City Shall:
1 . Provide one person, on a one-half time basis to serve as Project Coordinator
to make arrangements for project meetings and to follow up on conclusions.
decisions and actions mutually agreed upon.
2. Provide an average of approximately two (2) hours per week of administrative/clerical
time to assist in data collection and summary, throughout the project.
3. Provide time for selected employees to participate in project meetings.
4. Provide appropriate office space and furniture for the Consultant's staff.
ARTICLE V — Costs and Payments
As compensation for all services, performed and expenses incurred hereunder
the City shall pay the Consultant an amount not to exceed $52, 500 .00. Said amount
shall be paid in monthly progress payments based upon the percentage of the
work completed. The Consultant shall submit monthly invoices reflecting the percentage
of the work completed. Each invoice shall be subject to approval by the City before
full payment thereof is due. Payment of approved invoices shall be made within
fifteen ( 15] days of receipt by the City.
ARTICLE VI — Indemnification
The Consultant covenants and agrees to, and does hereby indemnify, hold harmless
and defend the City, its officers, agents employees from and against any and all
claims or suits for property loss or damage, and/or personal injury, including death,
LIBER 1258PAGE888
Page 4
to any and all persons, of whatsoever kind or character, whether real or asserted.
arising out of or in connection with this Agreement or the performance, attempted
performance or non-performance of the terms herein, whether or not caused in whole
or in part, by alleged negligence of officers, agents, employees, contractors or subcon-
tractor of the City.
ARTICLE VII — Notification
An original or copy of all written project correspondence shall be mailed and
addressed to the City, located at 113 West Mountain Street, Fayetteville, Arkansas,
72701 , and to the Consultant, located at 142151 East Fourth Avenue, Suite 251 , Aurora,
Colorado. 8001 1 .
ARTICLE VIII — Agreement
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
the day and year first above written.
THE CITY OF FAYETTEVILLE. ARKANSAS BURKE and ASSOCIATES. INC.
By Doo, , v By P, L 400 L BkL
Mayor President,
Atteste / Attested ' c�N`�/�✓
City Cie Title 7i9 E1
LIBER 125SPAGE889
CERTIFICATE OF RECORD 10 AIS Ian • encmt clerk and
Exb(ficio P,uor 'w :or l'.':s::,-.9!on Countye
State of Arkansas ( SS Ari,=s, do bacby certify thLr this irt-
City of Fayetteville ( s1mr ,mt was hied for record in my office
1, Suzanne C. McWethy, City Clerk andas indicated hereon and the same is now.
Ex-Officio recorder for the City of Fayetteville,duly recorded with the ackrawiedgement'
do hereby certify that the annexed or fore-and certificate thereon in Record Book ald
going is of record in my office and the same ap- Page as indicated thereon,
pears in Ordinance & Resolution book IN WITNESS WHEREOFe t HeW Fe l
��// pp set my hand and affixed the seal of � .c l
11LLV at page. LL. Witness my court on the date indicated Wig&
hand d seal this day of '
Alma Kollmeyer o
<ordu
... a:9cy .. <.. ,•? Ex-Officio RecopVer
h;-
• ORDINANCE NO.USS mines that Impl•matatIM Is an'
AN ORDINANCE WAIVING( pian Improved maintenance Ina WC[•lwra: deur �-
-'� ' THB REQUIREMENTS OF age cpwNllctiprl M "W respect 1 e enY mance, aHeril Fonar
COMPETITIVE BIDDING' mHo sY M M the CITY'S Vkws test p Cm
nuence
FOR PROFESSIONAL Public Warks DtwntMnt le wcc•m'ro 1M CaiwRan. . m �M hillwn«w"•
MANAGEMENT CON essential to the publlCmunwa pus Hw"cl- « M, caused In wMla or In
SULTING SERVICES. MAIM, asIMY am William H• ptnerwln 1M Clry may rt, by 01109d hepllq«•
SE IT ORDAINED' BY BM hereby d•termiM Mat ImMmal.y terminate MN w prslc•rt, agents,
THE BOARD OF DIREC the Immediate www 0 a9 officers,
age1' or
TORS OF THE CITY OF MIS «dlMMa IS Mw " This Awnm•11t 0e11 M M •eYmpl H« W 1M 1".
FAY E T T E V I LLE . for 1M expeditious Im. wale. amid bear, ARTICLE VII MONIW-
INN
ARKANSAS: In dlspwad W •xnp M AR hereby certify that 1
Section 1. That Mr Board Olematatlwpl ulb system. me prior written Cwaat bl M ylpinal Or WPY M all
a Directors 1. hat the
walvts y"11e1O1e• an emn Y If rep ury. ANSASTIMES, a dally newspaper
the requirements M com _ Has" ap lje[tl0lnce�e to"'at
]' y"• eVltam wanalt written [o.
mere hes rote Wel" a mange maned being not less than (our pages at
"new blddlM t« pen ' ' aary M the public Maim, age OWr M MO City, Of business and at a fixed (dally)
sloMl manapemmt core uxry aM "Ilan m011 w resited any c any « loniM_ at 113 West Mmlm
suiting
Nrvlrn to ImpM''' In Wn Mn and eH•ct teem p•rw"' other than • sons tam Street, Fnenevllle,
IP• COUOIY OI Washington. Arkansas
mat a System a wrM-� •M Nee M watew end flat employes worklrw aPlr' "Meuse, Trip .'•M M MW rcUlated and distributed from an
N M the Canwlnant, M 1
mance m wr•ment tam ayprovN. whcn a Pro re MIS Aging, Camueap located •1 Inst esti readers general) of all classes
dards for City's PVbllc PASSED AND APPROV', ,mpnl and ince M Mt Mt Ent Fourth Avenue, SON Y
W«ken DewnmeMMMe� ED MY len 4Y 0l]ttaMr• la ndweed ]S1.AWOra,Gblor•w••pMl. r each Copy. Or a fixed price per
ro.wv •lir tiered lhevalueof the publication.
r mown' iMi uants art ta 11u1M• 1M. APPROVED pabY « wr•w. I nee ARTICLE VIII ABrw' p
becauu Selection al a pro- " By: Marilyn Jmnaln men a w"e tight employe r"ard M WITNESS WHEREOF Contain. that at least fifty percent
Nelonal management can- - " Mlpyar .working Solely M INS cam IM wrtM Mr�ro new n Irsubseriptlon$ tothenewspaper
Ewnght Involves wblKtlw i wltent, any m com OM
declflonmaking. L BYTSurOrIMC.MCWMY 'sent ee' «r[•"tege brMM•w as Yaw Ynwr relnt anovne lets user Bperiodofa tleastsly
Sactla ], That the Mayor ' '1 In the c msmM. e5 8n aVerdge Of IIIOre tildes (Orly
aM City Clerk are hereby Clry Clark e,eniMovered by Nth wren"'
ADLTANT SERV( rk red by M1f FAYETTEVILLE,
�. 1 Macut*ed eco phased toll CONSULTANT AGR TSERVICES IS Ag 1M Catpltee
ecVn contract w0" ' THIS AGREEMENT, •z- . ARKANSAS
Burlusi Asti man. ement `. toted IWf len tlaY N (hall net al6rl beceewe BURKE age AS50CIA INC. ret0 011dChed In the matter 0I
"Wes management 1 . pe[arnaer, ISO NMaw p,�w•IM enY ",/
wnKn n Implement •n Nwen raw city N Faye- N race, crew, calor, wilt)- By Mprllyn JW![il
Improved maintenance am 1erI11 e . Arkansas .I 41 NI111atlww Mllael a' ,AM
construction management Mr01n•fbr called the Cl- IOIn. Athena
4 ewMm Nor "We Clty'a Public TM. Np SolM6 Associated, S. ;lam dncu it I VMIS SpywarACWemY,.,."%. ).. .
f WM4 dpanmte of a ca- , IM.. Mr•IM11e c•IIM iM Apnemaf Nell w "mea City CMK
Nast prior Me to exceed .q•«IayltaM.' a the Clry. TM tgnuHand, , ,: BYCIy4P. .'am mspaperfor /
i9}og.ca. Acbpy Nie com WHEREAS, the COY Y ;
M1M om"«tr M execu 4e1rn ro hew a'Wllfl hOwOVN• all haw MO Ann100: RpM/1 J.lamwrt
Hon ' MnDY b attached Man•.am Of conwlnn rlpht W C[py uta reaMbls.'. f =pm Bache 'n
Mr•m marked ExhlMt ••A•• br In uw In br,wplha ff>' Gi 8
aM meas part"real. 1:wlw age Mean n In . .. , ion an the day of 19
dela• 4velwmat a 11 fwunmeM NNI M
Sntikn 1 That the Board impNm•MOtbn N a f' any
worst brYad
ren Dlrnten Mrwy POM lMN1aM• maw" perform amb Apr«ma1 on on the day of 19
Mal
M 1M CINY melmJ MO Ad aumorlre0 by ATH-
it
TH-
"d it11I calf� un modmution a "is On Me _ day of
h*lWHEREAS n age... Il!q� 19
WHEREAS iIfe Carona agremat.
Ma prewM•p an Acceptable, T. TM COntV1Un1 (hell w PrtlOn On the _ d8
«ppotal m performMid, make a nafamle •ince
need :74 greenish •I tlwln*HBce
NOW. . THEREFORE. I wlwen Its System hip"
cwflbf•tlal N the w age• W doped by CNWEO �<Y
stem
cw , me am ptpmlSea Dau Software Solutions, Inc. �tJJ
khan me ronin Mrew. day of
2w
ARTICLE
Iflilaw: (CAMEO) it*waw Or YbprlOed before MP on IS
e ART1CL! 1 — Tor Prof. m•II not an rAll In IS
age(•Trico . , Ilaaw M any 41M In Mb
T by perform In a tool - «e (CLEW DY CAMEO.
'galls an dor apM•F ARTICLEIV�.,
IOni end workmanlike R•twneblseaC
try
m•nnU all Itr vlt•L CARespMalellltil" at ago Nola bl'lc,
d 11 l d in MY Ap/e"
mat, Incl WIM el Inm• seme consultant a:w 1M clry•
' f«Th In " COnwnarf OreastoonThe CMIMIaM{Mll: ITh: i li
prbpne, CSM August 77, 1. Comae • pMeµlonal '
ISO, wale Propose If Be
1 iKMd Mreo •enc ma4 N•H.
AS 4g[rmM In the ..
:just Mref. Cawl"Mspbweal.
' ART II1r(Telt ], cwdun IM work In AS
nese
Win use
Agreement hegrAgreementsce Plan aw 8cMal'
1. This Agreement fell Fla described In IPre'
Mpcm• Aen the e M
Ion .=. MTM. W w ll . -.r..n•,•a.. I'd
m•11'Mmlwn a nus and
], wllva In • tnwb Ma- S
Consultant cQUI •Ilduct(ttgeCia lnln•iw Pre-
a1N1wt1pM hereunder; INR . 3 0/ 9 �/ • - I S
fvlU , MN Agreement may paaal. .,li4l.,%Nd=JL 5 Jg=
M • nnended DY written TMC"SAall: ', OI' ✓
fnwlfl[ela and •:MVNO 1' Pnel time Mil Mew 5 _ I
an a
by boat panln. - r
'l. 1.he Consultant shall as project C dIMM M
;hgglp 'work wlMin (loan man arrangements for Pli
(1st 41NMar West N ncelpl last mMlnw and in "Inhe
iKNlprw
a • Within Mice m Pi UP an
lTI!aNanr !grem
11ctedtnm Cl".
` falso
]; on
71M Consultant ane"YP .
rr4mple» 'all f•rvlCn In 1. PrWl4 'an a age N
hereunder by November •paaxlmabIV MO (1) horn
,Is gxPfIggges
nm (15Im)ade 0Ime th• minlstrNlw/clal<altlmato
'aseMa ot Me AgrwmM. Sunkar . MIMia
. Comp Consultant cervi es ro summary. mralglpM
� cempbn Is,
l prPYOV Selected
Nwanwt 15. 1%•. Cpnwp ]. PrWl ft rel ga
Ltwo Mall wV M city of IIR employer w partl[IgN�ln
)yW damagn, a gs ablMmetlnat.'
' I a.vSAM v, the Sure a Fifty .. Prorl4 e•AePOrWWrITyn WtMian(M) per 4V ane all (Ice ePePtlara
s an COmplot•d; "I'll y.
YMn(rhodw Cityaeet. In ,A•t ,�•F.,eafP.--rid
•wrmw. to an ex ire « •ere compatatla M all
#11i--e dee. w. Mryarwp Nus At-
4. Eater, party shall h• incurred hw a
der right M MmlM Has P~
HAS
Agreement
Mny Mirry, (sin days wltanit aagiving me the ma f h b
Mflce' 11 MMlwtad. DY Ser" geed iA3gp.0. Said a"MYM
links mall, return "Ki Mall M ' pald In MOMeIIV
reuefw. If Mice Is w WORp
B�ie AY ft press
t p( iresgive. IN agreement ba TM Cal'
Mminan uponN Ot wp/k <pr" 1•tkd'
M i p"rues under IIS`'wn I'�pmeSMMIMME the dreary'
streari Mail Imre l'yp•e EaecDlmO Thal M
.atfiv Se" r!wblM w apprO]'at by fine
ARTICLE 111 - IV 1CNy bepra Hill payment
G•MralCadllbM itlerM Is da. Pay mM N
1. Th0 Consultants shell pvep In"iM Mall w
Opwrv •ne comply with all appy "Man fllten (I3)
Fe4re. State pus legal thuyas rnepl by MCCItY.
I•" applicable IS nip]• ARTICLE VI — Indere'
amplay"b/•nwgtd by hIIs nlflcatke
a 1M depth, Or mannalf TM consultant C am
'pr •atilplrr$tI ued. or the age agrees m. she OM
igp"a«I a wprk; e. GPR herebyIndemnify. hold
,wHeat
Mwwary Ilmail
wnee. wrmlts Mantes age defend IM Cl
law lneprp«•. ty. In officer$. agents
beM11N esu O no&. employees tram and 498IMI
slue MrwMO MaI11Mn any a 811 [laims Win
bidamage.
. •pypr pareaa1 Injury. In-
c1l
Cr One. w any enc al
Or ed,
M w rein g t for
i, AS wMllw 1
rtes, arifin9 nal N or