HomeMy WebLinkAboutOrdinance 3402 FILED FOR RECORD
89 MH 31 PM 1 53
WASHINGwN CO AR
A . KOLLMEYER MICROFILMED
ORDINANCE NO , 3402
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDING FOR ENGINEERING SERVICES IN
CONNECTION WITH THE CITY ' S SEWER SYSTEM ODOR
CONTROL PROJECT ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . The Board of Directors hereby waives the
requirements of competitive biding for engineering services in
connection with the City ' s sewer system odor control project for
the reason that said requirements are not practical because
y selection of a professional engineer involves subjective decision
making .
Section 2 . The Mayor and City Clerk are hereby authorized
and directed to execute a contract with McGoodwin , Williams and
Yates , Inc . for engineering services in connection with the City ' s
sewer system odor control project . A copy of the contract
authorized for execution hereby is attached hereto marked " Exhibit
d A " and made a part hereof .
y
Section 3 . The Board of Directors hereby determines that
the City ' s sewer system odor project should be completed as soon
as possible to protect the public welfare and hereby determines
that the immediate passage of this Ordinance is necessary for such
completion . Therefore , an emergency is hereby declared to exist
and this Ordinance be necessary for the public welfare should be
in full force and affect from and after its passage and approval ,
PASSED AND APPROVED this 17th day of January 1989 ,
APPROVED �"•
By :
Mayor
ATT$sAYET'�
•
4 G
k IIBEfl131?P�qGEB�
I, Atma,Koilmeyer, Circuit.Clerk and CERT7tF iCATE OF Ir i_Li.:aJ
Ex.oflicio Rocorder for \Y.shiogton County* State of Ark:rfsas SJ
Arkansas, do hereby certify that this in- City of Fa j•_tt -dLde
strument was fited for record in my ollica `,
the same is now lu,nik0 s •!^• + `�+ I_ j'
as Indicated hereon and Y::-C}lf-, YBr��'rc,('T SO i'f'' �`.."y' CI
duly recorded with the acknowledgement ' , j - . . r`y �,�.` ?:.r.,;-,�] pt• fu* e-
end certificate Ihereon in Record Book and „ r,`-;i` .?;1U i-I w S:..P_ aD'`
Pege as indicated thereon. �-..,M i aa.:-. .,
WHEREOF, I have hereuntl .3a"r.; J+ '� e.t^ ia, i� Q,ViLF u'i i`OOK
IN WITNESS WN y isijlt^2'"
est my
hand and affixed the seal of tol .dLtJ •- ��t ,-:Jr_ try
a y�_�...,
CWrt oL the dateindicated hereon.
handraAn/dJ seal ilvs p�
Alms Kollmayr —!(� 4G ;rkC:
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1/91/6
Circuit Clark and OL% omcioRoe Cityand Ex-Cfticia ;:r
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MICROFILMED
AGREEMENT FOR ENGINEERING SERVICES
ODOR AND CORROSION CONTROL IMPLEMENTATION
CITY OF FAYETTEVILLE , ARKANSAS
THIS AGREEMENT , made and entered into this day of ,
19899 by and between the City of Fayetteville , Arkansas , hereinafter refelred
to as the " Owner , " and McGoodwin , Williams and Yates , Inc . , Consulting
Engineers of Fayetteville , Arkansas , hereinafter referred to as the
" Engineer ; "
WITNESSETH THAT :
WHEREAS , the City has recently received the report on an Odor and
Corrosion Control Study of the City ' s sewage collection system ; and
WHEREAS , this report defined specific problems in the system and
recommended certain steps to be taken in order to eliminate and/ or reduce
odors ; and
WHEREAS , the City desires to implement the odor control recommendations
set out in the report ; and
WHEREAS , the Engineer was involved in the conduct of the odor control
study and is well qualified to continue providing services through
implementation of the corrective measures ; and
WHEREAS , the City desires to employ the Engineer to provide engineering
services in the design and construction of the recommended treatment systems
and in the implementation of other recommended actions ;
NOW THEREFORE , in consideration of the mutual covenants and agreements
herein contained , the Owner and the Engineer , the parties hereto , stipulate
and agree that the Owner does hereby employ the Engineer to perform the
required engineering services as hereinafter set out and the Engineer agrees
to provide said services .
Section I . Description of Project
The project for which engineering services are to be provided is set
forth in Items 3 and 4 of Section Six , " Recommended Plan , " of the Metcalf and
Eddy Odor Control Study for the City of Fayetteville , Arkansas , dated
October 24 , 1988 . This work generally includes the installation of ODOPHOS
storage/ feed systems at the North Gregg and Double Springs Lift Stations ,
Section II . Scope of Engineering Services
The Engineer shall provide at his own expense a suitable engineering
staff to perform the necessary field surveys , to perform preliminary and
final design , to prepare plans and specifications , and to furnish engineering
surveillance and inspection during construction of the project . The
engineering staff shall consist of engineers , engineering technicians ,
inspectors and other assistants as may be necessary to carry on the
engineering work in an efficient and expeditious manner . The Engineer will
provide the services set out below .
A . Detailed Design and Construction Plans and Specifications
1 . Perform the field surveys required to design the project and
prepare construction plans and specifications .
2 . Prepare preliminary design and a letter-type report for review
and concurrence by the City .
3 . Prepare final detailed design for the project .
4 . Prepare detailed construction specifications and drawings .
5 . Prepare detailed cost estimates of the authorized
construction . The Engineer shall not be required to guarantee
that these estimates will not be exceeded by the bids received
for the work .
6 . Establish the scope of any soil investigations , special
surveys or testing which , in his opinion , may be required for
design and arrange with the Owner the conduct of such
investigations and tests ( costs of such tests to be borne by
the Owner ) .
7 . Furnish to the Owner , where required by the circumstances of
the assignment , the engineering data ( including construction
plans and specifications ) necessary for applications for
routine permits and approvals by local , state and federal
authorities .
8 . If requested , furnish to the Owner reproducible copies of the
construction drawings and specifications .
B . Bidding and Preconstruction Services
The Engineer will prepare and distribute advertisements for
bids , communicate with bidders as required , provide technical
interpretation of the plans and specifications , prepare addenda
as required , attend the bid opening , tabulate bids , provide an
engineering analysis of the bids received , and assist in the
preparation of contract documents .
C . Construction Services
1 . Conduct a preconstruction conference . At the time of the
preconstruction conference , Notices to Proceed will be issued .
2 . Furnish professional engineers to make periodic visits to the
site ( as distinguished from the continuous services of a
resident Project Representative ) to observe the progress and
quality of the executed work and to determine in general if
the work is proceeding in accordance with the contract
documents .
2
In performing these services , the Engineer will endeavor to
protect the Owner against defects and deficiencies in the work
of the contractor ; but he cannot guarantee the performance of
the contractor , nor be responsible for the actual supervision
of construction operations or for the safety measures that the
contractor takes or should take .
3 . Furnish the services of resident Project Representatives and
other field personnel for on -the- site observation of
construction and for the performance of required construction
layout surveys . The authority and duties of such resident
Project Representatives are limited to examining the material
furnished and observing the work done and to reporting their
findings to the Engineer .
The Engineer will use the usual degree of care and prudent
judgment in the selection of competent Project
Representatives , and the Engineer will use diligence to see
that the Project Representatives are on the job to perform
their required duties .
The required construction layout surveys will include the
establishment of baselines for locating the work , with a
suitable number of bench marks as shown in the plans and
specifications .
4 . Consult and advise with the Owner ; issue all instructions to
the contractor requested by the Owner ; prepare routine change
orders as required .
5 . Review samples , catalog data , schedules , shop drawings ,
laboratory , shop and mill tests of material and equipment and
other data which the contractor submits . This review is for
the benefit of the Owner to insure general conformance with
the design concept of the project and general compliance by
the contractor with the information given in the contract
documents . It does not relieve the contractor of any
responsibility such as dimensions to be confirmed and
correlated at the job site , appropriate safety measures
to protect workers and the public , or the necessity to
construct a complete and workable facility in accordance with
the contract documents .
6 . Prepare and verify monthly and final estimates for payments
to the contractor and furnish to the Owner any necessary
certifications as to payments to contractors and suppliers ;
assemble written guarantees which are required by the contract
documents .
7 . Attend , in company with the Owner ' s representative , a final
inspection of the project . This inspection will be for
conformance with the design concept of the project and
compliance with the contract documents . Concur in final
payment to the contractor .
3
8 . Furnish to the Owner a reproducible copy of the record
drawings for the project . These drawings will be furnished
using high quality Mylar film or other approved material .
D . Other Services
As directed by the Owner , the Engineer will provide any other
services required in connection with the project but not
specifically covered under the above scope of engineering services .
Section III . Payment
A . In consideration of the performance of the foregoing services by
the Engineer , the Owner shall pay to the Engineer as full
compensation for such services a lump sum amount of
$ 14 , 300 . 00 . This fee will be paid in two installments , the first
in the amount of $7 , 500 . 00 to be due and payable after plans and
specifications are approved and the second in the amount of
$6 , 800 . 00 to be due and payable upon completion of the project .
B . For any other services required and authorized by the Owner which
are not included in the scope of services set out in Section II -A ,
B , and C above , compensation shall be based on salary cost times a
multiplier of 2 . 3 , plus reimbursable expenses .
Salary cost is defined as the cost of salaries of engineers ,
draftsmen , stenographers , surveyors , clerks , laborers , etc . , for
time directly chargeable to the project , plus Social Security
contributions , employment compensation insurance , payroll taxes ,
retirement benefits , medical and insurance benefits , sick leave ,
vacation , and holiday pay .
The reimbursable expenses for which the Engineer will be reimbursed
shall include travel expenses when traveling outside Northwest
Arkansas in connection with the project , rental expenses for
special equipment needed for completion of the work , purchase of
material and other expenses directly attributable to the project ,
including any work performed by subcontractors . The Engineer shall
charge the Owner for reimbursable expenses at actual cost plus
eight percent ( 8% ) .
Payment for engineering services under this agreement shall be made
within 30 days after claim submittal by the Engineer . If any of the work
designed or specified is suspended for an extended period of time or
abandoned as a result of orders from the Owner , the Engineer, shall be paid
for work actually completed ; payment to be based insofar as possible upon the
fees established herein .
4
Section IV . Other Provisions of the Contract
In connection with the project , the Owner ' s responsibilities shall
include , but not be limited to , the following :
A . Giving thorough consideration to all documents presented by the
Engineer and informing the Engineer of all decisions within a
reasonable time so as not to delay the work of the Engineer .
B . Making provision for the employees of the Engineer to enter public
and private lands as required for the Engineer to perform necessary
preliminary surveys and investigations .
C . Obtaining the necessary lands , easements and rights -of-way for the
construction of the work . All costs associated with securing the
necessary land interests , including easement preparation , surveys ,
appraisals and abstract work , shall be borne by the Owner .
D . Furnishing the Engineer such plans and records of construction and
operation of existing facilities , or copies of same , bearing on the
proposed work as may be in the possession of the Owner . Such
documents or data will be returned upon completion of the work or
at the request of the Owner .
E . Paying the cost of making necessary soundings , borings , analyses of
materials and laboratory work .
F . Paying all plan review costs and all cost of advertising in
connection with the project .
G . Providing legal , accounting and insurance counseling services
necessary for the project , legal review of the construction
contract documents and such auditing services as the Owner may
require .
H . Furnishing permits and approvals from all governmental authorities
having jurisdiction over the project and others as may be necessary
for completion of the project .
I . Obtaining construction bids from contractors for work relating to
the project and bearing all costs relating thereto .
J . Giving prompt written notice to the Engineer whenever the Owner
observes or otherwise becomes aware of any defect in the project or
other events which may substantially alter the Engineer ' s
performance under this Agreement .
All drawings , specifications and documents prepared by the Engineer
under this contract shall become the property of the City , to be used by the
City for construction purposes , upon payment of the consideration due the
Engineer hereunder . The Engineer may retain reproducible copies of all
documents for his files and further use .
5
THIS AGREEMENT shall be binding upon the parties hereto , their partners ,
heirs , successors , administrators and assigns ; and neither party shall
assign , sublet or transfer his interest in this agreement without the prior
written consent of the other party hereto .
IN WITNESS WHEREOF , the Owner has caused these presents to be executed
in its behalf by its duly authorized representatives , and the said Engineer
by its duly authorized representatives , and the parties hereto have set their
hands and seals on the date heretofore set out .
CITY OF FAYETTEVILLE , ARKANSAS
Attest :
William V . Marti Mayor
Suz cWet y , City C
McGOODWIN , WILLIAMS AND YATES , INC .
Attest :
AaeN/P 9t=9-i-
)afteR4CUm Vice Pre si ent
