HomeMy WebLinkAboutOrdinance 3380 88 NOU `OP RECORD
WAS HINGtO,N 16
A. K0LLj4LcyC0 AR
ORDINANCE NO , 3380 moo
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR ENGINEERING SERVICES
IN CONNECTION WITH THE CONSTRUCTION OF
IMPROVEMENTS TO THE FAYETTEVILLE MUNICIPAL
AIRPORT .
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 engineering services in
connecting with the construction of improvements at the Fayette -
ville Municipal Airport for the reason that said requirements are
not feasible because the selection of a professional engineer
a� involves subjective decision making .
Section 2 . That the Board of Directors hereby authorizes
the Mayor and City Clerk to execute an engineering services
contract with Garver . + Garver , P . A . Engineers of Little Rock ,
Arkansas for engineering services necessary for the construction
of a lighted runway and taxiway meters , refurbishment of the
beacon and beacon tower , 'and replacement of primary windsock and
two secondary windsocks at the Fayetteville Municipal Airport . A
copy of the contract :authorized . for - ekecution hereby is attached
hereto marked Exhibit ". A" and made a part hereof .
Section 3 . . ' . , ,That the Board of Directors hereby determines
that immediate construction . of the airport improvements enumerated
in the contract attached hereto are essential to safe operation of
the Fayetteville -Municipal Airport . 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 September 1988 .
F AYE�t�`/ APPROVED
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ATTEST'
By : L
t Clerk
tIBEE 1294NGE ,94
1, Aimafor
Crcuit Clerk and CERTIFICATE OF RECORD
Pao-officio Recorder for Wuhington Counfyj
Arkansas, do hereby certify that this in. State of Arkansas SS
atrument was filed for record in my office) City of Fayetteville
as indicated hereon and the same is now I, Suzanne C, Mcwethy, City Clerk and
duly recorded with the acknowledgement Ex-Officio recorder for the City of Fayetteville,
and certificate thereon in Record Book and do hereby certify that the annexed or fore-
Pago as indicated thereon. going is of record in my office and the same apt-
IN WITNESS WHEREOF, I have hereunf'ly Barg Ordinance & Resolution book
set my hand and affixed the seal of said
Court on the date indicated hereon, at page--���yWitness my
Alma Kollmeyer hail d seal thisM+ �,/�r Z—. A '— - day of
Circuit Clerk and1� 19 $ p
Ex-officio Recorder 4
by City Clefk and Ex-Officio m Rer
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Exhibit "A " is in file in the City
' • Clerk ' s Office at 113 W . Mountain `
Street .
CONTRACT FOR ENGINEERING SERVICES
Lighted Runway and Taxiway Markers i
Refurbishment of the Beacon and Beacon Tower
Replacement of Primary Windsock and Two Secondary Windsocks
't
DRAKE FIELD
FAYETTEVILLE , ARKANSAS
AIP 3 - 05 - 0020 - 10 - 88
THIS AGREEMENT , made as of the 2DWaay of 193
by and between the City of Fayetteville , hereinafter called the " City , " and
Garver+Garver , P . A . , Engineers , P . O . Box C - 50 , Little Rock , Arkansas 72203 ,
hereinafter called the "Engineer . "
W I T N E S S E T H :
WHEREAS , the City intends to construct the following improvements at
Drake Field , hereinafter referred to as the Project :
Lighted Runway and Taxiway Markers
Refurbishment of the ' Beacori and Beacon Tower
Replacement of Primary Windsock and Two Secondary Windsocks
All project improvements shall ' be in accordance with the Application
for Federal Funds submitted * for the Project by the Engineer . The City and
the Engineer agree as follows :
SECTION I - GENERAL
The City agrees to employ the Engineer and the Engineer agrees to
perform professional engineering services for the project . The Engineer
prepared and is familiar with the application for Federal Funds for the
project and has visited the site where the construction will be performed .
Engineering will conform to the requirements and standards of the City and
the Federal Aviation Administration , in accordance with regulations and
procedures established for Federal Aid Projects . The Engineer will
coordinate all work with the City , the FAA , and others required in the
accomplishment of the work . i1
SECTION II - SCOPE OF SERVICES
The Engineer shall render all professional engineering services
necessary and customary in the planning and construction of the improvements
described above .
Services for each phase of the project are described in more detail as
follows for :
Lip iR1294PfGi395
1
1 . BASIC ENGINEERING SERVICES FOR THE :
A . Preparation of Preliminary Report , The Engineer shall :
1 . Serve as the City ' s representative in the preliminary phase
of the project and furnish consultation and advice to the
City during the performance of this service .
2 . Attend preliminary conferences alone cr with City
representative , local officials , state and federal agencies ,
utility companies and others regarding the proposed project ,
its general design , functions , and impact .
3 . Assist the City in ordering and directing the accomplishment
i
of such special services as soil borings and material tests
as may be necessary .
4 . Prepare a preliminary engineering report , supported by
preliminary plans , and submit copies for review and approval
to the City and FAA in the number required .
6 - Attend conferences for review and conduct coordination
conference of interested agencies and utilities , if required .
B . Design Phase . The Engineer shall :
1 . Plan and direct the balance of soil borings and tests
required for final design of the project .
2 . Prepare detailed construction drawings , specifications ,
instructions to bidders , general provisions and special
provisions , all based on guides furnished to the Engineer by
the City and FAA . Contract Documents (Plans , Specifications ,
and Estimates ) will be prepared for one ( 1 ) construction
contract . These designs shall be in accordance with sound
engineering principles and shall be submitted to the FAA
office from which approval must be obtained . Detailed
specifications shall be developed using FAA " Standards for
Specifying Construction for Airports " AC 150/5370 - 10 , or
other appropriate standards approved for use by the FAA . A
specimen copy of the General Provisions and applicable
prevailing wage rates will be obtained by the Engineer from
the FAA and the Arkansas Department of Labor for
incorporation into the specifications for the proposed
project .
3 . Submit to the FAA Airport ' s District Office advance copies of
the plans and specifications and cost estimates for review .
The Engineer will make any additions to respond to comments
by the FAA , and when the documents have been approved , the
Engineer will furnish plans to the FAA and to the City for
bidding and coordination purposes .
C . Construction Phase . The Engineer shall :
1 . Assist the City in securing bids by issuing contract
documents to prospective bidders . The Engineer will be
available to answer questions and discuss proposed work with
prospective bidders during the advertisement period . If
information has been inadvertently omitted or if field
2
IIBER .L"U ,L)
t
conditions are changed , addenda to the Plans and
Specifications shall be issued . The Engineer shall prepare
tabulations of bide received , and prepare a recommendation to
the City concerning award of the Construction Contract .
2 . Assist the City ir: the execution of all contract documents
and furnish a sufficient number of executed documents for the
City , Contractor and FAA .
3 . Attend and act as the City ' s representative at the required
preconstruction conference .
4 . Perform the duties and discharge the responsibilities stated
in Project Specifications after receiving authorization to
proceed with construction ; however , the Engineer does not
guarantee the performance of the contract by the Contractor
nor assume any duty to supervise safety procedures followed
by any Contractor or subcontractor or their respective
employees or by any other person at the job site .
As a minimum , the Engineer or his qualified representative
will visit the site of the work on the average of once during
each fifteen ( 15 ) working days of the construction period .
These visits should be scheduled to coincide with each new
phase of construction , scheduled FAA inspections , and other
times when his presence is desirable . The Engineer or his
qualified representative will be available at all times work
is in progress for telephone contact by the construction
observer . The Engineer shall direct , supervise , advise , and
counsel the construction observer in the accomplishment of
his duties .
5 . Consult with and advise the City during the construction
period . He will submit , when requested by the City , written
reports to the City on the progress of the construction
including any problem areas that have developed or are
anticipated to develop . In addition , Engineer shall supply
to City such periodic reports and information as may be
required by the FAA .
6 . Certify monthly and final estimates for payment to the
Contractor .
7 . Coordinate with the construction observers to insure that all
material tests required for construction are scheduled and
accomplished in a manner that will not delay the Contractor
unnecessarily and will meet specification requirements as to
location and frequency .
8 . Assist the City in the observation of Contractor ' s
operations for proper classification of workers , and review
of Contractor ' s payrolls as necessary to determine compliance
with the prevailing wage rates .
9 . When authorized by the City , prepare change orders or
supplemental agreements , as appropriate , for ordering changes
in the work from that originally shown on the Plans and
Specifications . If re - design or substantial engineering is
3 IIBEF 1294PAGE 397
required in the preparation of these documents , payment for
extra services involved will be made in addition to the
_ ayment provided in basic engineering services .
2 . SPECIAL EN(JNEERING SERVICES FOR :
A . Surve, s for Design and Preparation of Plans . The Engineer will
use his personnel to supplement existing surveys and aerial
photography . Surveys will be made of existing facilities
neces - ary for design and for preparation of preliminary and final
plans .
B . Construction Observation . During the normal project construction
time estimated to be : 75 calendar days . The Engineer will
maintain resident personnel on the job for detailed construction
observation and coordination of the work . Construction
observation will be performed by qualified personnel mutually
acceptable to the City and the Engineer . The construction
observer shall endeavor to protect the City against defects and
deficiencies in the work of the Contractor , but he does not
guarantee the Contractor ' s performance . The construction observer
will prepare requests for monthly and final payments to the
Contractor and will provide "As - Built" information for preparation
of "As - Built" Drawings of the completed project .
3 . TESTING :
The Engineer shall direct the making of sufficient material tests
by an approved testing laboratory to permit proper design of the
improvements and to demonstrate compliance with specifications
during construction . Cost of such necessary testing will be paid
by the City directly to the testing laboratory .
4 . ADDITIONAL SERVICES :
A . After approval of the preliminary Plans and Specifications , should
there be a change in the Scope of Work or a significant change
that requires re - design , the Engineer will make such changes as
directed by the City .
B . When directed by the City , the Engineer will prepare major Change
Orders or Supplemental Agreements during the construction phase as
required to accomplish the work . Major Change Orders are defined
as those that require re - design or substantial engineering .
C . If unanticipated conditions should arise that extend the Project
construction time beyond that established in the Contract
Documents , the Engineer will maintain resident personnel on the
job , as required , to complete the Project .
D . When directed by the City , the Engineer will assist as expert
witness in litigation arising from the development or
construction of the Project .
IlBER1294P�GEtl98 .
4
SECTION III - ENGINEERING FEES
1 . Fo the Basic and Special Engineering Services described above , the
P "
en .ineering fees shall be as tabulated below :
jock Description
Preparation of Preliminary Report $ 20782 . 42
Preparation of Reports and Plans $ 8 , 808 . 07
Cc-itract Administration $ 1 , 915 . 00
S %
Surveys for Design $ 1 . 494 . 17
Subtotal Lump Sum Cost $159014 . 66
Construction Observation $ 8 . 765 . 00
"Not to Exceed" Cost $23 , 764 . 65
For the construction observation portion of the project , the City
agrees to pay the Engineer reimbursement of all salary costs , overhead ,
and fees at the rates tabulated in the Schedule of Salary Rates
attached to this Contract .
As tabulated above , and as estimated in detail in the attached
"Engineering Contract Cost Estimate , " the estimated cost of the
construction observation is $8 , 765 . 00 . The overhead percentages shall
be as shown on the attached "Engineering Contract Cost Estimates . " The
"not to exceed cost" tabulated time contains an estimated cost of the
time and materials required for construction inspection of $ 8 , 765 . 00
based on the construction contractor ' s performance time of 75 calendar
days for the contract . This estimated cost for construction inspection
will not be exceeded if the construction contract performance time does
not exceed 75 calendar days . All miscellaneous expendable supplies
normally required by the Engineer in the performance of these services
will be purchased by the Engineer , who will be reimbursed by the City .
All such expenditures will be substantiated by paid invoices or by
accounting procedures approved by the City .
Proper and adequate accounting records shall be maintained by the
Engineer , and will be readily available for inspection and/or audit by
the City and/or the Federal Aviation Administration .
Payments based on the incurred cost and the fee earned will be made
monthly based upon statements submitted by the Engineer to the City .
These statements will be substantiated by a monthly progress report
prepared by the Engineer , and submitted in the form and number
required by the City .
2 . For the preparation of Preliminary Plans , preparation of Final Plans ,
Contract Administration , and Surveys for Design portion of the Project ,
the City agrees to pay the Engineer the lump sum fee of $15 , 014 . 66 .
The Engineer will be paid monthly based on percent of project complete
to date . Total payment for each part as shown above will be due when
5
LIBER IMPAA99
that part is acceptably complete to the satisfaction of the City .
3 . For additional services described in SEWION II , paragraph 4 , the City
and the Engineer agree to negotiate thef, Engineering Fee in accordance
with the Scope of Services to be performed .
i
SECTION IV - THE CITY AND ENGINEER FURTHER AGREE
1 . This is an Arkansas Contract and in the event of a dispute
concerning a question of fact in connection with the provisions of
this contract which cannot be disposed of by mutual agreement
between the City and Engineer , the matter shall be resolved in
accordance with the Laws of the State of Arkansas .
2 . This Agreement may be terminated by either party by seven ( 7 ) days
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the one ( 1) party through no
fault to the other party . If this Agreement is so terminated , the
Engineer shall be paid for the time and materials expended to
accomplish the services performed to date , as provided in SECTION
III - ENGINEERING FEES ; however , the Engineer may be required to
furnish an accounting of all costs .
3 . The FAA , City , 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 a specific grant program for the purpose of
making audit , examination , excerpts , and transcription . The
Engineer shall maintain all required records for 3 years after the
City makes final payment and all other pending matters are
closed .
4 . After completion of the Project , and prior to final payment , the
Engineer shall deliver to the City , all original documentation
prepared under this Contract including tracings of the record
drawings , and one ( 1 ) set of the record drawing Construction
Plans updated to reflect changes . Basic survey notes and
sketches , charts , computations and other data shall be made
available , upon request , to the City without restriction or
limitation on their use . In the event the City does not have
proper storage facilities for the protection of the original
Drawings , the City may request the Engineer to retain the
Drawings with the provision that they will be made available
without restriction upon written request . In the event any of the
above documents are re -used by the City , the nameplates will be
removed and the . Engineer released and held harmless of subsequent
liabilities .
116 1294NCIE40O
6
TITLE VI ASSURANCES
During the performance of this contract , the Engineer , for itse? its
assignees and successors in interest (hereinafter referred to . 3 the
"Engineer" ) agrees as follows :
1 . Compliance with Regulations . The Engineer shall comply wi :h the
Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter , "DOT" )
Title 49 , Code of Federal Regulations , Part 21 , as they may be '
amended from time to time , (hereinafter referred to ss the
Regulations ) , which are herein incorporated by reference and made a
part of this contract .
2 . Nondiscrimination . The Engineer , with regard to the work performed
by it during the contract , shall not discriminate on the grounds of
race , color , or national origin in the selection and retention of
subcontractors , including procurements of materials and leases of
equipment . The Engineer shall not participate either directly or
indirectly in the discrimination prohibited by section 21 . 5 of the
Regulations , including employment practices when the contract
covers a program set forth in Appendix B of the Regulations .
3 . Solicitations for Subcontracts . Including Procurements of Materials
and Equipment . In all solicitations either by competitive bidding
or negotiation made by the Engineer for work to be performed under
a subcontract , including procurements of materials or leases of
equipment , each potential subcontractor or supplier shall be
notified by the Engineer of the Engineer ' s obligations under this
contract and the Regulations relative to nondiscrimination on the
grounds of race , color , or national origin .
4 . Information and Reports . The Engineer shall provide all
information and reports required by the Regulations or directives
issued pursuant thereto and shall permit access to its books ,
records , accounts , other sources of information , and its facilities
as may be determined by the City or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with
such Regulations , orders , and instructions . Where any information
required of a Engineer is in the exclusive possession of another
who fails or refuses to furnish this information , the Engineer
shall so certify to the City or the FAA , as appropriate , and shall
set forth what efforts it has made to obtain the information .
5 . Sanctions for Noncompliance . In the event of the Engineer ' s
noncompliance with the nondiscrimination provisions of this
contract , the City shall impose such contract sanctions as it or
the FAA may determine to be appropriate , including , but not
limited to - -
( a) withholding of payments to the Engineer under the contract
until the Engineer complies , and/or
(b ) cancellation , termination , or suspension of the contract , in
whole or in part .
6 . Incorporation of Provisions . The Engineer shall include the
7
[Ie(R1294Ph�E401
provisions of paragraphs 1 through 5 in every subcontract ,
including procurements of materials and leases of equipment , unless
exempt by the Regulations or directives issued pt. ,suant thereto .
Thae Engineer shall take such action with respect to :ny subcontract
or procurement as the City or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance .
Provided , however , that in the event Engineer becomss involved in ,
or is threatened with , litigation with a subcontractor or supplier
as a result of such direction , the Engineer may req+=est the City to
enter into such litigation to protect the interests of the City
and , in addition , the Engineer may request the United States to
enter into such litigation to protect the interests of the United
States .
8 LIBER 1294pfGE 402
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
l : I Policy . It is the policy of the Department of Transportation (DOT)
that minority business enterprises as de' :ined in 49 CFR Part 23
shall have the maximum opportunity ti participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement . Consequently , the MBE requirements of
49 CFR Part 23 apply to this agreement .
2 MBE Obligation . The Engineer agrees t.� ensure that minority
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided under this agreement . In this regard , all Engineers shall
take all necessary and reasonable steps in accordance with 49 CFR
Part 23 to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts . Engineer
shall not discriminate on the basis of race , color , national
origin , or sex in the award and performance of DOT-assisted
contracts .
ATTEST : City of Fayetteville
�Yla,,:uQ�.,a Q �
ATTEST : CARVER+G VER , P . A . , ENGINEERS
v
President
9 LIBER1294Pt,GE403
AIRPORT IMPROVEMENT AID PROJECT : 3 - 05 - 0020 - 10 - 88
STATE : Arkansas 1
i
CERTIFICATION 0; ENGINEER
- I
I hereby certify that I am PRESIDENT tad duly authorized representative of
the firm of GARVER+GARVER , P . A . , ENGINE) ;tS , whose address is ELEVENTH AND
BATTERY STREETS , P . 0 . BOX C - 50 , LITTLE ROiXt ARKANSAS , 72203 , and that neither 1
I nor the above firm I here represent has :
I
( 1 ) Employed or retained for a commission , percentage , brokerage , j
` contingent fee , or other consideration , a- 7 firm or person (other than a bona I
fide employee working solely for me of the above consultant) to solicit or
secure this contract ;
(b) Agree , as an express or implied condition for obtaining this
contract , to employ or retain the services of any firm or person in connection
with carrying out the contract ; or
(c ) Paid or agreed to pay to any firm , organization , or person (other
than a bona fide employee working solely for me or the above consultant) any
fee , contribution , donation , or consideration of any kind , for , or in
connection with , procuring or carrying out the contract ; except as here
expressly stated ( if any) .
I acknowledge that this certificate is to be furnished to the Federal
Aviation Administration of the United States Department of Transportation , in
connection with this contract involving participation of Airport Improvement
Program (AIP ) funds and is subject to applicable State and Federal laws , both
criminal and civil .
GARVER+GARVER , P . -A.,,ENGINEERS
By
Preside t
DATE :
LwR 1294 PAGE 404
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