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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 i 2 . 41 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 . 1 1 . 42 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 2 1 . 43 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 " . 3 1 . 44 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 4 1 . 45 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 . 5 1 . 46 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 ) . 6 1 . 47 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 . 7 1 . 48 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 I 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 8 1 . 49 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 9 1 . 50 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 10 1 . 51 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 , 11