HomeMy WebLinkAboutOrdinance 3442 71AICROFILMED
FILED FOR RECORD
' 89 OCT 9 Pn 2 39
ViASHINGIVNCOAR
3442
. ORDINANCE No . A. K O L L M
EYER
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING ON A CONTRACT TO OVERSEE �1CROFILM�ED
INSTALLATION OF SEWER LIFT STATION TELEMETRY .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVTL•I•F,
ARKANSAS :
1 . That the competitive bidding requirements on a contract to design and
oversee installation of Sewer Lift Station Telemetry should be and hereby are
waived . The Mayor and City Clerk are directed to execute a contract with ETC
Engineers for the project in the amount of sixty-three thousand seven hundred
eighteen dollars ( $63 , 718 . 00 ) .
2 . The Board of Directors hereby determines that the need to execute a
contract with ETC Engineers is necessary to the efficient administration of
City government . 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 .
i
PASSED AND APPROVED this 1st day of August 1989 .
APPROVED
By :
Mayor
ATTEST
By : L
Ci erk
'ETT '• .
�1 •
r
UBEB1337FAGE574
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WVDF�
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES '/
THIS IS AN AGREEMENT made as of .4 Aa6ds 1 19q
between City of Fayetteville , Arkansa , ( OWNER ) and ETC
Engineers , Inc . , 1510 South Broadway , Little Rock , AR 72202 ,
( ENGINEER) . OWNER intends to Design and Install a permanent flow
monitoring system for the Wastewater Collection Facilities of the
City of Fayetteville , (hereinafter called the Project ) .
OWNER and ENGINEER in consideration of their mutual covenants
herein agree in respect of the performance of professional
engineering services by ENGINEER and the payment for those
services by OWNER as set forth below , _
ENGINEER shall provide professional engineering services for
OWNER in all phases of the Project to which this Agreement
applies , serve as OWNER ' s professional engineering representative
for the Project as set forth below and shall give professional
engineering consultation and advice to OWNER during the
performance of services hereunder .
SECTION 1-BASIC SERVICES OF ENGINEER
1 . 1 . General ,
1 . 1 . 1 . ENGINEER shall perform professional services as
hereinafter stated which include customary civil , hydraulic ,
environmental , electrical , computational and electronic data
processing engineering services and customary incidental
services thereto .
1 . 2 . Study and Report Phase ,
After written authorization to proceed , ENGINEER shall :
1 . 2 . 1 . Consult with OWNER to clarify and define OWNER ' s
requirements for the Project and review the work plan submitted
earlier for modification .
1 . 2 . 2 . Advise OWNER as to the necessity of OWNER ' s providing or
obtaining from others data or services of the types described in
paragraph 3 . 3 , and act as OWNER ' s representative in connection
with any such services .
1 . 2 . 3 . Provide analyses of OWNER ' s needs , planning surveys ,
site evaluations and comparative studies of prospective sites and
solutions .
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1 . 2 . 4 Provide all services required to accomplish the modified
work plan .
1 . 2 . 5 . Provide a general economic and financial analysis of
OWNER ' s requirements applicable to various alternatives .
1 . 2 . 6 . Prepare a Report containing schematic layouts , sketches
and conceptual design criteria with appropriate exhibits to
indicate clearly the considerations involved and the alternative
solutions available to OWNER and setting forth ENGINEER ' s
=i findings and recommendations with opinions of probable costs for
the Project , including Construction Cost , contingencies ,
allowances for charges of all professionals and consultants ,
allowances for the cost of land and rights-of-way .
1 . 2 . 7 . Furnish five copies of the Report and present and review
it in person with OWNER .
1 . 3 . Preliminary Design Phase .
After written authorization to proceed with the Preliminary
Design Phase , ENGINEER shall :
1 . 3 . 1 . In consultation with OWNER and on the basis of the
accepted Report , determine the extent of the Project .
1 . 3 . 2 . Prepare preliminary design documents consisting of
final design criteria , preliminary drawings and outline
specifications .
1 . 3 . 3 . Based on the information contained in the preliminary
design documents , submit a revised opinion of probable Project
Costs ,
1 . 3 . 4 . Furnish five copies of the above preliminary design
documents and present and review them in person with OWNER .
1 . 4 . Final Design Phase .
After written authorization to proceed with the Final Design
Phase , ENGINEER shall :
1 . 4 . 1 . On the basis of the accepted preliminary design documents
and the revised opinion of probable Project Cost , prepare for
incorporation in the Contract Documents final drawings to show
the character and extent of the Project ( hereinafter called
" Drawings " ) and Specifications .
1 . 4 . 2 . Furnish to OWNER such documents and design data as may be
required for , and assist in the preparation of , the required
documents so that OWNER may apply for approvals of such
governmental authorities as have jurisdiction over design
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criteria applicable to the Project , and assist in obtaining such
approvals by participating in submissions to and negotiations
with appropriate authorities .
1 . 4 . 3 . Advise OWNER of any adjustments . to the latest opinion of
probable Project Cost caused by changes in extent or design
requirements of the Project or Construction Costs and furnish a
revised opinion of probable Project Cost based on the Drawings
and specifications .
1 . 4 . 4 . Prepare for review and approval by OWNER , his legal
counsel and other advisors contract agreement forms , general
conditions and supplementary conditions , and (where appropriate )
bid forms , invitations to bid and instructions to bidders , and
assist in the preparation of other related documents .
1 . 4 . 5 . Furnish five copies of the above documents and present
them in person with OWNER .
1 . 5 . Bidding or Negotiating Phase .
After written authorization to proceed with the Bidding or
Negotiating Phase ENGINEER shall :
1 . 5 . 1 . Assist OWNER in obtaining bids or negotiating proposals
for each separate prime contract for construction , materials ,
equipment and services .
1 . 5 . 2 . Consult with and advise OWNER as to the acceptability of
subcontractors and other persons and organizations proposed by
the prime contractor ( s ) (hereinafter called " Contractor ( s ) " ) for
those portions of the work as to which such acceptability is
required by the bidding documents .
1 . 5 . 3 . Consult with and advise OWNER as to the acceptability of
substitute materials and equipment proposed by Contractor ( s ) when
substitution prior to the award of contracts is allowed by the
bidding documents .
1 . 5 . 4 . Assist OWNER in evaluating bids or proposals and in
. assembling and awarding contracts .
The duties and responsibilities of ENGINEER during the Bidding or
Negotiating Phase are amended and supplemented as indicated
in paragraph 5 of Exhibit A " Further Description of Basic
Engineering services and Related Matters " .
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6 . Construction Phase .
During the Construction Phase ENGINEER shall :
1 . 6 . 1 . Consult with and advise OWNER and act as his
representative .
1 . 6 . 2 . Make visits to the site at intervals appropriate to the
various- -stages of construction to observe as an experienced and
qualified design professional the progress and quality of the
executed work of Contractor ( s ) and to determine in general if
such work is proceeding in accordance with the Contract
Documents . ENGINEER shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity
of such work . ENGINEER shall not be responsible for the means ,
methods , techniques , sequences or procedures of construction
selected by Contractor ( s ) or the safety precautions and programs
incident to the work of Contractor ( s ) . ENGINEER ' s efforts will
be directed toward providing a greater degree of confidence for
OWNER that the completed work of Contractor ( s ) will conform to
the Contract Documents , but ENGINEER shall not be responsible for
the failure of Contractor ( s ) to perform the work in accordance
with the Contract Documents . During such visits and on the basis
of on-site observations ENGINEER shall keep OWNER informed of the
progress of the work , shall endeavor to guard OWNER against
defects and deficiencies in such work and may disapprove or
reject work failing to conform to the Contract Documents ,
1 . 6 . 3 . Review and approve ( or take other appropriate action in
respect of ) Shop Drawings ( as that term is defined in the
aforesaid Standard General Conditions ) and samples , the results
of tests and inspections and other data which each Contractor is
required to submit , but only for conformance with the design
concept of the Project and compliance with the information given
in the Contract Documents ( but such review and approval or other
action shall not extend to means , methods , sequences , techniques
or procedures of construction or to safety precautions and
programs incident thereto ) ; determine the acceptability of
substitute materials and equipment proposed by Contractor ( s ) ; and
receive and review ( for general content as required by the
Specifications ) maintenance and operating instructions ,
schedules , guarantees , bonds and certificates of inspection which
are to be assembled by Contractor ( s ) in accordance with the
Contract Documents ,
1 . 6 . 4 . Issue all instruction of OWNER to Contractor ( s ) ; issue
necessary interpretations and clarifications of the Contract
Documents and in connection therewith prepare change orders as
required ; have authority , as OWNER ' s representative , to require
special inspection or testing of the work ; act as initial
interpreter of the requirements of the Contract Documents and
judge of the acceptability of the work thereunder and make
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decisions on all claims of OWNER and Contractor ( s ) relating to
the acceptability of the work or in the interpretation of the
requirements of the Contract Documents pertaining to the
execution and progress of the work ; but ENGINEER shall not be
liable for the results of any such interpretations or decisions
rendered by him in good faith .
1 . 6 . 5 . Based on ENGINEER ' s on-site observations as an experienced
and qualified design professional and on review of applications
of payment and the accompanying data and schedules , determine the
amounts owing to Contractor ( s ) and recommend in writing payments
to Contractor ( s ) in such amounts ; such recommendations of payment
will constitute a representation to OWNER , based on such
observations and review , that the work has progressed to the
point indicated , that , to the best of ENGINEER ' s knowledge ,
information and belief , the quality of such work is in accordance
with the Contract Documents ( subject to an evaluation of such -
work as a functioning Project upon Substantial Completion , to the
results of any subsequent tests called for in the Contract
Documents , and to any qualifications stated in his
recommendation ) , and that payment of the amount recommended is
due Contractor ( s ) ; but by recommending any payment ENGINEER will
not thereby be deemed to have represented that continuous or
exhaustive examinations have been made by ENGINEER to check the
quality or quantity of the work or to review the means , methods ,
sequences , techniques or procedures of construction or safety
precautions or programs incident thereto or that ENGINEER has
made an examination to ascertain how or for what purposes any
Contractor has used the moneys paid on account of the Contract
Price , or that title to any of the work , materials or equipment
has passed to OWNER free and clear of any lien , claims , security
interests of encumbrances , or that Contractor ( s ) have completed
their work exactly in accordance with the Contract Documents ,
1 . 6 . 6 . Conduct an inspection to determine if the Project is
substantially complete and a final inspection to determine if the
work has been completed in accordance with the Contract Documents
and if each Contractor has fulfilled all of his obligations
thereunder so that ENGINEER may recommend , in writing , final
payment to each Contractor and may give written notice to OWNER
and the Contractor ( s ) that the work is acceptable ( subject to any
conditions therein expressed ) , but any such recommendation and
notice shall be subject to the limitations expressed in paragraph
1 . 6 . 5 .
1 . 6 . 7 . ENGINEER shall not be responsible for the acts or
omissions of any Contractor or subcontractor , or any of the
Contractor ( s ) ' or subcontractor ' agents or employees or any other
persons ( except ENGINEER ' s own employees and agents ) at the site
or otherwise performing any of the Contractor ( s ) ' work ; however ,
nothing contained in paragraphs 1 . 6 . 1 thru 1 . 6 . 7 , inclusive ,
shall be construed to release ENGINEER from liability for failure
to properly perform duties undertaken by him in the Contract
Documents .
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1 . 6 . 8 , The ENGINEER shall prepare a O&M Manual to be used by the
City staff during the life of the project . The O&M Manual will
be based on the manufacturer ' s submitted documents .
1 . 6 . 9 . The ENGINEER shall prepare all computer programs to
interpret the collected data , to prepare presentation documents
and to achieve the collected data for future retrieval .
1 . 6 . 10 . - . The ENGINEER shall obtain all warranty documents from
the Contractor and Manufacturer and shall personally hand over
the warranties to the OWNER .
1 . 6 . 11 The ENGINEER shall provide to OWNER a complete set of As-
Built Drawings and all other shop drawings and manufacturers
maintenance documents as submitted by the Contractor .
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2 . 1 . General
If authorized in writing by OWNER , ENGINEER shall furnish or
obtain from others Additional Services which are not considered
part of this project .
2 . 1 . 1 . Services to make other investigations or evaluations of
existing conditions or facilities , or to verify other existing
problems and develop solutions .
2 . 1 . 2 . Services resulting from significant changes in extent of
the Project or its design including , but not limited to , changes
in size , complexity , OWNER ' s schedule , or character of
construction or method of financing ; and revising previously
accepted studies , reports , design documents or Contract Documents
when such revisions are due to causes beyond ENGINEER ' s control .
2 . 1 . 3 . Providing renderings or models for OWNER ' s use .
2 . 1 . 4 . . Preparing documents for . alternate bids requested by OWNER
for Contractor ( s ) ' work which is not executed or documents for
out-of-sequence work .
2 . 1 . 5 . Additional or extended services during construction made
necessary by ( 1 ) work damaged by fire or other cause during
construction , ( 2 ) a significant amount of defective or neglected
work of Contractor ( s ) , ( 3 ) prolongation of the contract time of
any prime contract by more than sixty days , ( 4 ) acceleration of
the progress schedule involving services beyond normal working
hours , and ( 5 ) default by Contractor ( s ) .
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2 . 1 . 6 . Additional services in connection with the Project ,
including services normally furnished by OWNER and services to
otherwise provided for in the Agreement .
2 . 2 . Resident services During Construction .
2 . 2 . 1 . If requested by OWNER or recommended by ENGINEER and
agreed - to in writing by the other , a Resident Project
Representative will be furnished , and will act as directed by
ENGINEER in order to assist ENGINEER in observing performance
of the work of Contractor ( s ) .
2 . 2 . 2 . Through more extensive on-site observations of the work
in progress and field checks of materials and equipment by the
Resident Project Representative ( if furnished ) and assistants ,
ENGINEER shall endeavor to provide further protection for OWNER
against defects and deficiencies in the work of Contractor ( s ) ;
but the furnishing of such resident Project representation will
not make ENGINEER responsible for construction means , methods ,
techniques , sequences or procedures or for safety precautions or
programs , or for Contractor ( s ) ' failure to perform their work in
accordance with the Contract Documents .
2 . 2 . 3 . If OWNER designates another person to represent OWNER at
the Project site who is not ENGINEER ' s agent or employee , the
duties , responsibilities and limitations of authority of such
other person and the effect thereof on the duties and
responsibilities of ENGINEER under this Agreement will be set
forth in an exhibit that is to be identified , attached to and
made a part of this Agreement before such services begin .
SECTION 3 - OWNER ' S RESPONSIBILITIES
OWNER shall :
3 . 1 . Provide all criteria and full information as to OWNER ' s
requirements for the Project , including design objectives and
constraints , space , capacity and performance requirements ,
flexibility and expandability , and any budgetary limitations ; and
furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and
Specifications .
3 . 2 , Assist ENGINEER by placing at his disposal all available
information pertinent to the Project including previous reports
and any other data relative to design or construction of the
Project .
3 . 3 . Arrange for access to and make all provisions for ENGINEER
to enter upon public and private property as required for
ENGINEER to perform his services .
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3 . 4 . Examine all studies , reports , sketches , Drawings ,
Specifications , proposals and other documents presented by
ENGINEER , obtain advice of an attorney , insurance counselor and
other consultants as OWNER deems appropriate for such examination
and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ENGINEER .
3 . 5 . Furnish . approvals and permits from all governmental
authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary for
completion of the Project .
3 . 6 . Designate in writing a person to act as OWNER ' s
representative with respect to the services to be rendered under
this Agreement . Such person shall have complete authority to
transmit instructions , receive information , interpret and define
OWNER ' s policies and decisions with respect to materials ,
equipment , elements and systems pertinent to ENGINEER ' s services .
3 . 7 . Give prompt written notice to ENGINEER whenever OWNER
observes or otherwise becomes aware of any development that
affects the scope or timing of ENGINEER ' s services , or any defect
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n the work of Contractor ( s ) .
3 . 8 . Furnish , or direct ENGINEER to provide , necessary
Additional Services as stipulated in Section 2 of this Agreement
or other services as required .
3 . 9 . Bear all costs incident to compliance with the
requirements of this Section 3 .
SECTION 4 - PERIOD OF SERVICE
4 . 1 . The provisions of this Section 4 and the various rates of
compensation for ENGINEER ' s services provided for elsewhere in
this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion of the
Construction Phase . ENGINEER ' s obligation to render services
hereunder will extend for a period which may reasonably be
required for the design , award of contracts and construction of
the Project including extra work and required extensions thereto .
4 . 2 . The services called for in the Study and Report Phase will
be completed as per proposal .
4 . 3 . After acceptance by OWNER of the Study and Report Phase
documents indicating any specific modifications or changes in the
extent of the Project desired by OWNER , and upon written
authorization from OWNER , ENGINEER shall proceed with the
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performance of the services called for in the Preliminary Design
Phase , and shall submit preliminary design documents and a
revised opinion of probable Project Cost as per proposed schedule
in proposal documents .
4 . 4 . After acceptance by OWNER of the Preliminary Design Phase
documents- and revised opinion of probable Project Cost ,
indicating any specific modifications or changes in the extent of
the Project desired by OWNER , and upon written authorization
from OWNER , ENGINEER shall proceed with the performance of the
services called for in the Final Design Phase ; and shall deliver
. _ Contract . Documents and a revised opinion of probable Project Cost
for all work of Contractor ( s ) on the Project within the
stipulated period indicated in the project schedule to be
determined .
4 . 5 . ENGINEER ' s services under the Study and Report Phase ,
Preliminary Design Phase and Final Design Phase shall each be
considered complete at the earlier of ( 1 ) the date when the
submissions for that phase have been accepted by OWNER or ( 2 )
thirty days after the date when such submissions are delivered . to
OWNER for final acceptance , plus such additional time as may be
considered reasonable for obtaining approval of governmental
authorities having jurisdiction over design criteria applicable
to the Project .
4 . 6 . After .acceptance by OWNER of the ENGINEER ' s Drawings ,
Specifications and other Final Design Phase documentation
including the most recent opinion of probable Project Cost and
upon written authorization to proceed , ENGINEER shall proceed
with performance of the services called for in the Bidding or
Negotiating Phase . This Phase shall terminate and the services
to be rendered thereunder shall be considered complete upon
commencement of the Construction Phase or upon cessation of the
negotiations with prospective Contractor ( s ) ( except as may be
otherwise required to complete the services called for in
paragraph 6 . 2 . 2 . 5 ) .
4 . 7 . The Construction Phase will commence with the execution of
the first prime contract to be executed for the work of the
Project or any part thereof , and will terminate upon written
approval by ENGINEER of final payment on the last prime contract
to be completed . Construction Phase services may be rendered at
different times in respect of separate prime contracts if the
Project involves more than one prime contract .
4 . 8 . If OWNER has requested significant modifications or changes
in the extent of the Project , the time of performance of
ENGINEER ' s services and his various rates of compensation shall
be adjusted appropriately .
4 . 9 . If OWNER fails to give prompt written authorization to
proceed with any phase of services after completion of the
immediately preceding phase , or if the Construction Phase has not
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commenced within 365 calendar days (plus such additional
time as may. be required to complete the services called for
under paragraph 6 . 2 . 2 . 5 ) after completion of the Final Design
Phase , ENGINEER may , after giving seven days ' written notice to
OWNER , suspend services under this Agreement .
4 . 10 . If ENGINEER ' s services for design or during construction
of the Project are delayed or suspended in whole or in part by
OWNER for more than three months for reasons beyond ENGINEER ' s
control_ , ._ ENGINEER shall on written demand to OWNER ( but without
termination of the Agreement ) be paid as provided in paragraph
5 . 3 . 2 . If such delay or suspension extends for more than one
year for reasons beyond ENGINEER ' s control , or if ENGINEER for
any reason is required to render services more than one year
after Substantial Completion , the various rates of compensation
provided for elsewhere in this Agreement shall be subject to
renegotiation .
PROFESSIONAL FEE PLUS EXPENSES
SECTION 5 - PAYMENTS TO ENGINEER
5 . 1 . Methods of Payments for Services and Expenses of ENGINEER .
5 . 1 . 1 . For Basic Services . OWNER shall pay ENGINEER for Basic
Services rendered under Section 1 ( as amended and supplemented by
Exhibit A "Further Description of Basic Engineering Services and
Related Matters " ) a professional fee of $5. 793. 00 (max)
plus an amount equal to ENGINEER ' s Direct Labor Costs times
a factor of 1 . 4 for overhead
5 . 1 . 2 . Additional Services . OWNER shall pay ENGINEER for
Additional Services rendered under Section 2 as follows :
5 . 1 . 2 . 1 . General . For Additional Services rendered under
paragraphs 2 . 1 . 1 through 2 . 1 . 17 , inclusive ( except services
covered by paragraph 2 . 1 . 7 and services as a consultant or
witness under paragraph 2 . 1 . 16 ) , on the basis of Direct Labor
costs times a factor of 1 . 4 for services rendered by principals
and employees assigned to the Project .
5 . 1 . 2 . 2 . Special Consultants . For services and
reimbursable expenses of special consultants employed by ENGINEER
pursuant to paragraph 2 . 1 . 7 or 2 . 1 . 17 , the amount billed to
ENGINEER therefor times a factor of 1 . 10 .
5 . 1 . 2 . 3 . Serving as a Witness . For the services rendered
by principals and employees as consultants or witnesses in any
litigation , hearing or proceeding in accordance with paragraph
2 . 1 . 16 , at the rate of $ 300 per day or any portion thereof (but
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compensation for time spent in preparing to appear in any such
litigation , hearing or proceeding will be on the basis provided
in paragraph 5 . 1 . 2 . 1 ) .
5 . 1 . 2 . 4 , Resident Project Services . For resident services
during construction furnished under paragraph 2 . 2 . 1 , on the basis
of Direct Labor Costs times a factor of 1 . 4 for services rendered
by principals and employees assigned to field offices in
connection with resident Project representation .
5 . 1 . 3 . For Reimbursable Expenses . In addition to payments
.provided for in paragraphs 5 . 1 . 1 and 5 . 1 . 2 . OWNER shall pay
ENGINEER the actual costs of all Reimbursable Expenses incurred
in connection with all Basic and Additional Services ,
5 . 1 . 4 . The " Direct Labor Costs" and "Reimbursable Expenses " will
have the meanings assigned to them in paragraph 5 . 4 .
5 . 1 . 5 The estimated total Engineering Cost is gg3. 718. 00 (max )
5 . 2 . Times of Payments .
5 . 2 . 1 . ENGINEER shall submit monthly statements for basic and
Additional Services rendered and for Reimbursable Expenses
incurred . The amount of ENGINEER ' s professional fee billed will
be based upon ENGINEER ' s estimate of the proportion of the total
services actually completed at the time of billing . OWNER shall
make prompt monthly payments in response to ENGINEER ' s monthly
statements .
5 . 3 . Other Provisions Concerning Payments .
5 . 3 . 1 , If OWNER fails to make any payment due ENGINEER for
services and expenses within sixty days after receipt of
ENGINEER ' s bill therefor , the amounts due ENGINEER shall include
a charge at the rate of 1% per month from said sixtieth day , * and * see t
in addition , ENGINEER may , after giving seven days ' written low
notice to OWNER , suspend services under this Agreement until he
has been paid in full all amounts due him for services and
expenses . *but not to exceed the maximum rate allowed by Arkansas lav
5 . 3 . 2 . In the event of termination by OWNER under paragraph 7 . 1
upon the completion of any phase of the Basic Services , progress
payments due ENGINEER for services rendered through such phase
shall constitute total payment for such services . In the event
of such termination by OWNER during any phase of the Basic
Services , ENGINEER will be paid for services rendered during that
phase on the basis of Direct Labor Costs times a factor of
2 . 5 for services rendered during that phase to date of
termination by principals and employees assigned to the Project .
In the event of any such termination , ENGINEER will be paid for
all unpaid Additional Services and unpaid Reimbursable Expenses ,
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