HomeMy WebLinkAbout44-80 RESOLUTION-mamtra"Cmilmisnms
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN CONTRACT WITH THE COMPREHENSIVE PLANNING
INSTITUTE FOR THE PREPARATION OF AN ENVIRONMENTAL
IMPACT STATEMENT IN CONNECTION WITH THE CITY'S WASTE
WATER TREATMENT IMPROVEMENT PROGRAM.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Comprehensive Planning
Institute for the preparation of an environmental impact
statement in connection with
improvement program. A copy
execution hereby is attached
made a part hereof.
PASSED AND APPROVED THIS
1920.
the city's waste water treatment
of the contract authorized for
hereto, marked Exhibit "A" and
day of
APPROVED:
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas
SS
City of Fayetteville ( •
1, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or fore!./oing is
of record in my office and the same ap-
pears in Ordinance & Resolution book
1;17// at page ,ita- Witness mi ay of
hand and seal this
19 d
City Clerk and Ex -Officio Race
glitAa
mIrepli! IFICrj:171
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CONTRACT FOR CONSULTING SERVICES TO PREPARE A '
; "PIGGYBACK" ENVIRONMENTAL IMPACT STATEMENT FOR
THE CITY OF FAYETTEVILLE 201 PROJECT
Th.ts conttact i4 ?Sanded in pant by a gtant .6kom the U. S. EnvitonmentaZ
PutectLon Agency. Thifs cont/tact i25 /Subject to tegutation6 contained
in 40 CFR 35, Subchapten B. Neithek the United State is not the U. S.
Enviammenta Putection Agency AIA a patty to thids conttact.
This contract is entered into on this, 01,.€,//sr day of May, 1980 between
the CITY OF FAYETTEVILLE, ARKANSAS (The CITY), and the COMPREHENSIVE
P LANNING INSTITUTE (CPI), Dallas, Texas as its Consultant to assist
the CITY in preparing a "Piggyback" EIS which will permit the U. S.
Environmental Protection Agency, Region VI, Dallas, to complete the
preparation of a Draft and Final Environmental Impact Statement for
the Fayetteville 201 Project (Project No. C-050366-01) under Step I
of the Construction Grant Program of the Federal Water. Pollution
Control Act of 1972, as Amended.
I. SCOPE OF SERVICES
The CPI agrees to perform Basic Services and Additional Services in
conformance with the following descriptions, definitions, terms and
conditions.
A. BASIC SERVICES
The basic services will include the preparation of a Draft and Final
Environmental Impact Statement in accordance with scope of services
described in a report prepared by CPI entitled "Scope of Work For
The Development of a Piggyback EIS for the Fayetteville 201 Pro]ect",
dated May, 1980, and incorporated herein by reference and marked as
Appendix A. The report was presented to the CITY in April, 1980 and
t o the U. S. Environmental Protection Agency in May, 1980. The scope
o f work report was reviewed both by the CITY and the EPA, and a
decision to implement the scope of work was made by the CITY with
concurrence of the U. S. Environmental Protection Agency on May 6, 1980.
B. ADDITIONAL SERVICES
All.work performed by the CPI which is either described in this para-
graph or not included in the Basic Services defined above, shall con-
stitute Additional Services. These will include:
-1•1•1
Page 1 of 4
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1. Travel and subsistence to points other than CPI's or the CITY'S
offices, project site and other points or places of data and
information gathering normally required for the preparation of
Environmental Impact Statements.
2. Copies of reports, studies, maps and other data in excess of
twenty-five (25) sets.
3. Revisions to approved reports, studies, maps and other data.
4 Other services not otherwise included in this contract or not
customarily furnished in accordance with generally accepted
planning, engineering and architectural practices.
II. COMPENSATION
The CITY agrees to pay the CPI for above described services in accor-
dance with the following descriptions, definitions, terms and con-
ditions.
BASIC SERVICES: Compensation for the scope of services described
in Section I of this contract is estimated not to exceed $160,222.00,
including a maximum fixed -fee profit of $18,947.00. A breakdown ,
of this compensation is as follows:
Direct Cost -- Personnel
Overhead, including employee
fringe benefits
Other Direct Costs (travel, printing,
long distance telephone)
$ 72,032.13
54,727.60
14,465.00
Profit (fixed fee) 18,946.64
Total
$ 160,171.37
A breakdown of the above compensation by participating subcontract
consultants is as follows:
Comprehensive Planning Institute
Environmental Scientists, Inc.
Environmental Engineers, Inc.
Arkansas Archaeological Survey,
"-University of Arkansas
Ragsdale & Associates, Inc.
Total
$ 68,456.37
36,507.36
20,561.17
12,029.73
22,616.74
160,171.37
Page 2 of 4
e, • A
The compensation rates for personnel, overhead, travel, arid fixed
fee profit for the CPI and its subcontract consultants are included
in Appendix B which is made a part of this Contract.
III. PAYMENTS
The CPI will collect invoices from the subcontract consultants and
will invoice the CITY monthly in amounts based on CPI's estimate of
the portion of the Basic Services completed. The CITY agrees to
promptly pay the CPI at its office in Dallas County, Texas, the full
amount of each such invoice upon receipt. A charge of 1.0% per month
will be added to the unpaid balance of invoices not paid within 30
days after date of invoice. The CPI will disburse payments to each
subcontract consultant according to the terms and conditions of each
subcontract agreement reached between the CPI and the individual
subcontract consultant.
IV. INSURANCE AND
LIABILITY LIMITATION
The CPI agrees to maintain or to cause to be maintained workmen's
compensation insurance to cover all of its own personnel and other
subcontract personnel engaged in performing services for the CITY
under this Contract. The CPI also agrees to maintain public
liability insurance covering claims against CPI or other subcontract
consultants for damages resulting from bodily injury, death or
property damage from accidents arising in the course of services
performed under this Contract. Said insurance shall be in an amount sat-
isfactorY to the CITY. CPI shall file certification of insurance with the CITY
within ten (10) days after execution of their contract.
V. TERMINATION
This Contract may be termihated without cause at any time prior to
completion of the CPI's services either by CITY or by CPI, upon seven
(7) days notice to the other at the address of record. Termination
shall release each party from all obligations of this Contract, except
as specified in the paragraph below.
On termination, by either the City or the CPI, the CITY shall pay the
CPI and its subcontract consultants with respect to Basic Services
which have been completed an amount fixed in proportion to the work
completed and CPI shall deliver to the CITY 25 copies of all
completed and uncompleted reports, studies, maps and data compiled
by CPI or its subcontractors under this agreement.
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Page 3 of 4
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VI. SUCCESSORS AND ASSIGNS
The CITY and the CPI each binds itself, and their successors, executors,
administrators and assigns •to the other party of this Contract and
to the successors, executors, administrators and assigns of such
other party in respect to all covenants of this Contract. Neither the
CITY nor the CPI shall assign, sublet, or transfer its interest in
this contract without the written consent of the other. Nothing here-
in shall be construed as giving any rights or benefits hereunder to
anyone other than the CITY and the CPI.
VII. SPECIAL PROVISION
Additional services shall be performed only upon written authorization
of the City of Fayetteville and the U.S. ENVIRONMENTAL PROTECTION
AGENCY. Appendix C-1 is made a part of this Contract.
VIII. INVALIDATION
If this Contract is not executed by the CITY within ten (10) days
of the date tendered, it shall become invalid unless the CPI extends
the time in writing.
IX. MODIFICATIONS
No one has authority to make variations in, or additions to the terms
of this Contract on behalf of the CPI other than one of its Officers,
and then only in writing signed by that authorized officer.
THE CITY OF FAYETTEVILLE
By:
n Todd,
AtteSt:
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aen.4.1.4,
t.27, /2.0pb
COMPREHENSIVE PLANNING INSTITUTE
By:
Khan M Husain, Founder
and Director
DATE: ILL -C1 2),
Page 4 of 4
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CONTRACT FOR CONSULTING SERVICES TOnPRERARE:A
"PIGGYBACK" ENVIRONMENTAL IMPACT STATEMENT:FOR
, THE CITY:OFTAYETTEVILLE:20I PROJECT
ThiS conttactais.jianded.in pakt by:&ghantAtop,the Envitonmentat
Ptbftection Agency, rTh4(*conttact AA Subject to tegulation4 contained
in 40 CFR 35, Sabchaptet16,-5Neithek the United Staie4 not. the U. S.
Envaonmentat. Putection Agency is a patty to thiA conttact
This contract is entered into on this day of May, 1980.between
the CITY OF FAYETTEVILLE, ARKANSAS (The CITY), and the COMPREHENSIVE
PLANNING INSTITUTE (CPI), Dallas, Texas as its Consultant to assist
the'CITY,in preparing a "Piggyback" EIS which will permit the U. S.
Environmental Protection Agency, Region VI, Dallas, to complete the
preparation of a Draft and Final EnO,ronmental Impact Statement for
the Fayetteville 201 Project CP.rolettb7Nor47C7050366"-01)—uriderStep-aN
bf:the COnetructibii;>GrahttprpgarritgfiliF-fgde'ral''''.-WateiT:PoklutiOn
qszfecifiti'761-4-Act-bf 1972, as Amended.
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I. SCOPE OF SERVICES
The CPI agrees to perform Basic Services and Additional Services in
conformance with the following descriptions, definitions, terms and
conditions.
A. BASIC SERVICES'
The basic services will include the preparation of a Draft and Final
Environmental Impact Statement in accordance with scope of services
described in a report prepared by CPIentitled "Sdape of Work For
The Development of a'Piggyback EIS for the Fayetteville 201 Project",
dated May, 1980, and incorporated herein by reference and marked as
Appendix A. The report was presented to the CITY in April, 1980 and
to the U. S. Environmental Protection Agency in May, 1980. The scope
of work report was reviewed both,by the CITY,and the EPA, and a
decision to implement the scope of work was made by the CITYwith
concurrence of the U. S. Environmental Protection Agency on May 6, 1980.
B. ADDITIONAL SERVICES
A1-1 work performed by the CPI. which is either described in this para-
graph or not includedffin the Basic Services defined aboVe, shall con-
stitute Additional Services. These *will include:
Page 1 of 4
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1. Travel and subsistence to points other than CPI's or the CITY'S
offices, project site and other points or places of data and
information gathering normally required for the preparation of
Environmental Impact Statements.
2. Copies of reports, studies, maps and other data in excess of
twenty-five (25) sets.
3. Revisions to approved reports, studies, maps and other data.
4. Other services not otherwise included in this contract or not
customarily furnished in accordance with generally accepted
planning, engineering and architectural practices.
II. COMPENSATION
The CITY agrees to pay the CPI for above described services in accor-
dance with the following descriptions, definitions, terms and con-
ditions.
BASIC SERVICES: Compensation for the scope of services described
in Section I of this contract is estimated not to exceed $160,222.00,
including a maximum fixed -fee profit of $18,947.00. A breakdown
of this compensation is as follows:
. _
Direct Cost -- Personnel $ \72,032.13)
Overhead, including employee
-
fringe benefits . 54,727760
Other Direct Costs (travel, printing,
long distance telephone)
Profit (fixed fee)
Total
•465
$ -160,171-.37
A breakdown of the above compensation by participating subcontract
consultants is as follows:
Comprehensive Planning Institute
Environmental Scientists, Inc.
Environmental Engineers, Inc.
Arkansas Archaeological Survey,
University of Arkansas
Ragsdale & Associates, Inc.
Total
k 68,456.37
,36,507_.36
20,561.-1:7-42,
12,029.73
_
22,616.74
„
$ 160,171.1.3-7
Page 2 of 4
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The compensation rates for personnel, overhead, travel, and fixed -
fee profit for the CPI and its subcontract consultants are included
in Appendix B which is made a part of this Contract.
III. PAYMENTS
The CPI will collect invoices from the subcontract consultants and
will invoice the CITY monthly in amounts based on CPI's estimate of
the portion of the Basic Services completed. The CITY agrees to
promptly pay the CPI at its office in Dallas County, Texas, the full
amount of each such invoice upon receipt. A charge of 1.0% per month
will be added to the unpaid balance of invoices not paid within 30
days after date of invoice. The CPI will disburse payments to each
subcontract consultant according to the terms and conditions of each
subcontract agreement reached between the CPI and the individual
subcontract consultant.
IV. INSURANCE AND
LIABILITY LIMITATION
The CPI agrees to maintain or to cause to be maintained workmen's
compensation insurance to cover all of its own personnel and other
subcontract personnel engaged in performing services for the CITY
under this Contract. The CPI also agrees to maintain public
liability insurance covering claims against CPI or other subcontract
consultants for damages resulting from bodily injury, death or
property damage from accidents arising in the course of services
performed under this Contract. Said insurance shall be in an amount sat-
isfactory to the CITY. CPI shall file certification of insurance with the CITY
within ten (10) days after execution of their contract.
V. TERMINATION
This Contract may be terminated without cause at any time prior to
completion of the CPI's services either by CITY or by CPI, upon seven
(7) days notice to the other at the address of record. Termination
shall release each party from all obligations of this Contract, except
as specified in the paragraph below.
On termination, by either the City or the CPI, the CITY shall pay the
CPI and its subcontract consultants with respect to Basic Services
which have been completed an amount fixed in proportion to the work
completed and CPI shall deliver to the CITY 25 copies of 611 4
completed and uncompleted reports, studies, maps and data compiled
by CPI or its subcontractors under this agreement.
Page 3 of 4
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VI. SUCCESSORS AND ASSIGNS
The CITY and the CPI each binds itself, and their successors, executors,
administrators and assigns to the other party of this Contract.and
to the successors, executors, administrators and assignsrof such
other party in respect to all covenants of this Contract. Neither the
CITY nor the CPI shall assign, sublet, or transfer its interest in
this contract without the written consent of the other. Nothing here-
in shall be construed as giving any rights or benefits hereunder to
anyone other than the CITY and the CPI:
VII. SPECIAL PROVISION
Additional services shall be performed only upon written authorization
of the City of Fayetteville and the U.S. ENVIRONMENTAL PROTECTION
AGENCY. Appendix C-1 is made a part of this Contract.
VIII. INVALIDATION
If this Contract is not executed by the CITY within ten (10) days
of the date tendered, it shall become invalid unless the CPI extends
the time in writing.
IX. MODIFICATIONS
No one has authority to make variations in, or additions to the terms
of this Contract on behalf of the CPI other than one of its Officers,
and then only in writing signed by that authorized officer.
THE CITY OF FAYETTEVILLE
COMPREHENSIVE PLANNING INSTITUTE
By:
DATE:
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Khan M. Husain, Founder
and Director
/4Ay 21/ c9e0
Page 4 of 4
APPENDIX B
COST SUMMARY FOR CPI (EPA FORM 5700-41)
2. PROFESSIONAL SERVICES AGREEMENTS AND
COST SUMMARIES (EPA FORM 5700-41) FOR
a. Environmental Scientists, Inc.
b. Environmental Engineers, Inc.
c. University of Arkansas, and
d. Ragsdale & Associates, Inc.
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
(See :iceiin4]..invitu'; in..trtictior::: belwe. eon:vic(ina this form)
Form Approve:(1
0.11f3 No. 158-R0144
PART 1 -GENERAL
1. GRANTEE
City of Fayetteville, Fayetteville, Arkansas
2. GRANT NU BC°
. NAME OF CONTRACTOR GP SUBCONTRACTOR
Comprehensive Planning Institute, Dallas, Texas
4. DATE OF PROPOSAL
January.23, 1980
5. ADDRESS OF CONTRACTCR OR SUBCONTRACTOR 'include ZIP code)
P. 0. Box 270988
Dallas, Texas 75227
6, TYPE OF SERV CE TO BE FURNISHED
Preparation of a "Piggyback"
Environmental Impact Statement
for the Fayetteville 201
Project
PART II COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI-
MATEDTOTALS
HOURS
HOURLY
RATE
ESTIMATED
COST
Projart Manager
732
$ 19.23
5 14,076.36
Associate Environmental
,.
Scientists
633
10.10
6, 393 30
Receptionist/Secretarial/Book-
keeping/Clerical
040
6.50
6,760.00
Technician/Grahpics Artist
520
7.75
4,030.00
DIRECT LABOR TOTAL:
'
$ 31 259 66
S. NDIRECT COSTS (Speci(y indirect cost pools)
RATE
F BASE =
ESTIMATED
COST
Overhead (including employee
0.67531,259.66
$ 20 943.77
fringe benefits)
'0.67
1
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INDIRECT COSTS TOTAL:
S 20.943.77
9. 0 rP DIRECT COSTS
a. 'RAVEL
ESTIMATED
COST
(1) TRANSPCnTATION Outrof-town,
14 trips @
S300/trip
5 4,200.00
(2) °ER 0!EPA
S
TRAVEL SUBTOTAL:
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$ 4 200.00
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST
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Long
Distance
Telephone
180
$10 00
5 _I4800.00,,,
,
Reproduction
--8 interim reports,
handbooks
30 copies per report
8
230.00
1.840.00
EQUIP .ENT SUBTOTAL:
3 • 640.00
C. SUBCONTRACTS
ESTIMATED
COST
Environmental
Scientists,Environmental
s91,715.00
1
ngineers, University of
Arkansas
and
..
Ragsdale
& Associates
)
SUBCONTRACTS SUBTOTAL:
$91,775.00
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d. OTHER (Specify categories)
ESTIMATED
COST
,-
$
n.
OTHER SUBTOTAL:
•
c. OTHER DIRECT COSTS TOTAL:
4 . .. ..
.
9 9 555 . 00.
10. TOTAL ESTIMATED COST
$1511_08-.4,
II. PROFIT
9,412.914
12. TOTAL PRICE
S 160 in •37
t.....:..,,
EPA Form 5700-41 (246)
PAC,
• .C.I4
.•• al M. pemeMIN
PART III -PRICE SUMMARY
COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
11/1clicnre hIPS it. for ;wee romparivonl
mARKET
PP10E:Si
PROPOSED
PRICE
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a
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PART IV•CERTIFICATIONS
14. CONTRACTOR
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
= YES ,NO (11 "Yes" give name address and telephone number of reviewing office)
6
1416 .T1115 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Cost Plus Fixed -Fee (A-E Accounting Procedures)
IGc. N
This proposal is submitted for use in connection with and in response to (1) . .Proposal for EIS
Preparation, dated
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january 23, 1980 . This is to certify to the best of my knowledge
and belief
(2)
that the
May 6 ,
cost
1980
and
pricing data summarized
and that a financial
herein are complete, current, and accurate as of
management capability exists to fully and accu-
rately account for the finpncial transactions under this project. I further certify
subagreement price may he subject to downward renegotiation and/or rec:ouprnent
pricing data have been determined, as a result of audit, not to have been
of the date above.
NQ/,csi
that I understand that the
where the above cost and
complete, current and accurate as
i r
60
(3)
DATE OF EXECUTION
Founder
SIGNATURE
and
OF PROPOSER
Director
TITLE OF PROPOSER
15.GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and
acceptable for subagreement award.
the proposed costs/price appear
ATE Or—EXECUTION SIGNATURE OF RAVIE R
clayor - City of FayPtteville
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ITLE OF REVIEWER
16. EPA REVIEWER Of applicable)
D.A1E OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Ecu,, 5700-41 (2-76)
PAGE 2 OF 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
COMPREHENSIVE PLANNING INSTITUTE AND ENVIRONMENTAL SCIENTIST
The COMPREHENSIVE PLANNING INSTITUTE as CLIENT engages ENVIRONMENTAL
SCIENTISTS, INC. as ENGINEER to perform professional services for
the assignment described as follows: STEP I, Environmental Impact
Statement for the Wastewater Treatment Facilities, City of Fayette-
ville, Arkansas.
I. SERVICES: ENGINEER agrees to perform Basic Services and Additional
Services in conformance with the following descriptthons, defini-
tions, terms and conditions.
A. BASIC SERVICES: These services will include the completion of
tasks and subtasks shown in page 72 of the Scope of Work Report.
These assignments are listed against Db Aaron Netzer, Dr. Guy
R. Lanza, Dr. Jerry Crowder, Dr. Ervin J. Fenyves, and Mr. Fred
Little. A narrative description of these tasks is included
in appropriate sections and subsections of the scope of work
report incorporated herein and marked as Appendix A.
B. ADDITIONAL SERVICES: All work performed by ENGINEER which is
either described in this paragraph or not included in the Basic
Services defined above, shall constitute Additional Services.
These will include:
1. Travel and subsistence to points other than ENGINEER'S or
CLIENT'S offices, the project city, and other places of data
collection for the proposed study.
2. Copies of reports, studies, maps and other data in excess of
two (2) sets.
3. Revisions to approved reports, studies, maps and other data.
4. Other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted
planning and engineering practices.
II. COMPENSATION: CLIENT agrees to pay ENGINEER for above described
services in accordance with the following descriptions, definitions,
terms and conditions.
BASIC SERVICES: Compensation is estimated not to exceed .$ 36,507.36,
including a maximum fixed fee profit of $4,483.36. A breakdown of
this amount and the rate of fee for personnel, overhead and other
items is included in the attached EPA Form 5700-41.
Page 1 of 3
.g.
III. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts based
on ENGINEER'S estimate of the portion of the Basic Services
completed, plus charges for Additional Services performed. CLIENT
agrees to promptly pay ENGINEER at his office in Dallas County,
Texas, the full amount of each such invoice upon receipt. A
charge of 1.0% per month will be added to unpaid balance of invoices
not paid within 30 days after date of invoice.
IV INSURANCE: :ENGINEER agrees to maintain workmen's compensation
insurance to cover all of its own personnel engaged in performing
services for CLIENT under this Agreement. ENGINEER also agrees
to maintain public liability insurance covering claims against
ENGINEER for damages resulting from bodily injury, death or pro-
perty damage from accidents arising in the course of services per-
formed under this Agreement.
V. LIABILITY LIMITATION: ENGINEER shall have no liability to CLIENT
or to others for any reasons beyond warranty of the use of reason-
able skill in performing the services for the assignment covered by
this Agreement. In no event shall ENGINEER'S liability exceed
amount of the total compensation received by ENGINEER under this
Agreement.
IV. TERMINATION:
A. CONDITIONS OF TERMINATION: This Agreement may be terminated
without cause at any time prior to completion of ENGINEER'S
services either by CLIENT or by ENGINEER, upon seven (7) days
written notice to the other at the address of record. Termina-
tion shall release each party from all obligations of this
Agreement, except as specified in paragraph VI.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either
CLIENT or ENGINEER, CLIENT shall pay ENGINEER with respect to
Basic Services which have been completed an amount fixed in
proportion to the work completed.
VII. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER each binds himself, and
his partner, successors, executors, administrators and assigns
to the other party of this Agreement and to partners, successors,
executors, administrators and assigns of such other party in respect
to all covenants of this Agreement. Neither CLIENT nor ENGINEER
shall assign, sublet, or trasnfer his interest in this Agreement
without the written consent of the other. Nothing herein shall
be construed as giving any rights or benefits hereunder to anyone
other than CLIENT and ENGINEER.
Page 2 of 3
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VIII. SPECIAL PROVISION: Additional services shall be performed only
upon written authorization of the CLIENT. Appendix C-1 is made
a part of this Agreement.
IX. INVALIDATION: If this Agreement is not executed by CLIENT within
10 days of the date tendered, it shall become invalid unless
ENGINEER extends the time in writing.
X. MODIFICATIONS: No one has authority to make variations in, or
additions to the terms of this Agreement on behalf of ENGINEER
other than one of its Officers, and then only in writing signed
by him.
COMPREHENSIVE PLANNING INSTITUTE ENVIRONMENTAL SCIENTISTS
BY: BY:
Khan M. Husain, Founder Ervin J. Fenyves, President
and Director
DATE: DATE:
11.‘Page 3 of 3
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COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
(See nocon.panyine instror:tivos beforc rompliginf,1 this (ora)
Form Approved
OMB No. 158-R0144
PART I -GENERAL
I GRANTEE
City of Fayetteville, Fayetteville, Arkansas
2. GRANT NaMBrR
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
Environmental Scientists
4. OTE OF PROPOSAL
January 23, 1980
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Inctude ZIP code)
P. 0. Box 688
Richardons, Texas 75080
b
TYPE OF SERV CE TO SE FURNISHED
Baseline Conditions and
environmental assessment for
aquatic species, air.pollution,
effluent quality, noise and
energy
PART II•COST SUMMARY
7. DIRECT LABOR (Speci(y labor categories)
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Sciaatiqts
fl
5 1441001
" .‘
Senior Environmental
_&D
150
2 9 kn. oo
SecretarialiClericaliBookkeeping
_6_._4.0
.
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DIRECT LABOR TOTAL
. .
5
15 6110 .11
.
8. INDIRECT COSTS (Specny indirect cost pools) RATE
x BASE =
ESTIMATED
COST
0.3_0
$15 680
L..12._„_5_4.4
Overhead
-
INDIRECT COSTS TOTAL
$al.2„544.0
9. OTHER DIRECT COSTS
a. TRAVEL
ESTIMATED
COST
.i..
TRANSPORTATION L.S__a_a_aaO
1
(1)
(2) PER DIE
TRAVEL SUBTOTAL:
S i ono
,
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY
COST
ESTIMATED
COST
distance telephone, 1
5
600
.
Long
reproduction
200
‘,
'
..‘
EQUIP ENT S BTOTAL: I:: 1 ' - . '4
800
.
:
C. SUBCONTRACTS
ESTIMATED
COST
t
T.,
7'
r.:BCONTRACTS SUBTOTAL
.
$
d. OTHER (Specify categories)
ESTIMATE()
COST
''''
$
OTHER SUBTOTAL: &,.
-.,. ,.,
. • .
e• OTHER DIRECT COSTS TOTAL: -ccasc-
38 00 . 00
_1
S 32,024
0. TOTAL ESTIMATF.D COST
.00
4
483 36
II. PROFITS
......
s tritni Poirr
36 507 ...
•
E PA Form 5700-41 (2-76)
PAGE 1 OF
Form Approved
OMB No. 1.58-R0144
DATE OF EXECUTION
SIGNATURE Or REVEWEP
TITLE OF REVIE R
E PA Form 5700-41 (246)
PAGE .2 OF 5
PART III -PRICE SUMMARY
13.
COMPETITORS CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
(Indicare basis for price comparison)
MARKET
PRICE(SI
PROPOSED
PRICE
•
riv
3r1
ft
i•
. "
- ..
•ic
—
...
, .s
. • --.
-4-
PART IV -CERTIFICATIONS
14. CONTRACTOR
14o, HAS A FEDERAL AGENCY OR A FEDERALLY CEP.TIFIE0 STATE OR LCCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITH;N THE PAST TWELVE MONTHS?
0 Y ES a] NO (If "Yes" give name address and telephone ntnnher of reviewing office)
44
141, THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Cost plus Fixed -Fee (A-E Accounting Procedures)
Ac.
This
Professional
proposal is submitted for use in connection with and in response to (II
services dated ETap 93 19 SI)This is to certify
Agreetent for
to the best•of my knowledge
current, and accurate as of
exists to fully and accu-
that I understand that the
where the above cost and
current anri accurate as
and belief
(2)
that the. cost and
May R7 19Rn
pricing data summarized he'rein are complete,
• and that a financial manarzem.ent capability
rately
subagreement
pricing
of the
(3)
account tor the financial
price may be
data have been determined,
date above.
transactions under this project. I further certify
subject to downward renegotiation and/or recoupment
as a result of audit, not to have been comple,
OF PROPOSER
Environmental
Inc.
DATE OF EXECUTION
SIGNATURE
President,
Scientists,
TITLE OF PROPOSER
15.GRANTEE REVIEWER
certify that I have reviewed
acceptable for subngreement
the cost/price summary set forth herein and the proposed costs/price appear
award,
OF REVIEWER
City of Fayetteville
CATE OF EXECUTION
SIGNATURE
City Manager,
.,
TITLE OF REVIEWER
16. EPA REVIEWER f ( Applicable)
DATE OF EXECUTION
SIGNATURE Or REVEWEP
TITLE OF REVIE R
E PA Form 5700-41 (246)
PAGE .2 OF 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
COMPREHENSIVE PLANNING INSTITUTE AND ENVIRONMENTAL ENGINEERS, INC.
The COMPREHENSIVE PLANNING INSTITUTE as CLIENT engages ENVIRONMENTAL
ENGINEERS, INC., as ENGINEER to perform professional services for
the assignment described as follows: STEP I, Environmental Impact
Statement for the Wastewater Treatment Facilities, City of Fayetteville
Arkansas.
I. SERVICES: ENGINEER agrees to perform Basic Services and Additional
Services in conformance with the following descriptions, defini-
tions, terms and conditions.
A. BASIC SERVICES: These services will include the completion of
tasks and subtasks shown in page 72 of the Scope of Work Report.
These tasks are assigned to Dr. Dee Mitchell, Dr. Hugh Jeffus,
Dr. Albert Ogden and Mr. Fraser Stephens. A narrative description
of these tasks is included in appropriate sections and subsections
of the scope of work report incorporated herein and marked as
Appendix A.
B. ADDITIONAL SERVICES: All work performed by ENGINEER which is either
described in this paragraph or not included in the Basic Services
defined above, shall constitute Additional Services. These will
include:
1. Travel and subsistence to points other than ENGINEER'S or
CLIENT'S offices, the project city, and other places of data
collection for the proposed study.
2. Copies of reports, studies, maps and other data in excess of
two (2) sets.
3. Revisions to approved reports, studies, maps and other data.
4. Other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted
planning and engineering practices.
II. COMPENSATION: CLIENT agrees to pay ENGINEER for above described
services in accordance with the following descriptions, definitions,
terms and conditions.
BASIC SERVICES:Compensation is estimated not to exceed $20,561.17
including a fixed -fee profit of82,681.89. A breakdown of this
amount and the rate of fee for personnel, overhead and other items
is included in the attached EPA Form 5700-41.
Page 1 of 3
III. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts based
on ENGINEER'S estimate of the portion of the Basic Services
completed, plus charges for Additional Services performed. CLIENT
agrees to promptly pay ENGINEER at his office in Sprindale, Arkansas,
the full amount of each such invoice upon receipt. A charge of
0.1% per month will be added to unpaid balance of invoices not
paid within 30 days after date of invoice.
IV. INSURANCE: ENGINEER agrees to maintain workmen's compensation
insurance to cover all of its own personnel engaged in performing
services for CLIENT under this Agreement. ENGINEER also agrees to
maintain public liability insurance coverning claims against
ENGINEER for damages resulting from bodily injury, death or pro-
perty damage from accidents arising in the course of services per-
formed under this Agreement.
V. LIABILITY LIMITATION: ENGINEER shall have no liability to CLIENT
or others for any reasons beyond warranty of the use of reason-
able skill in performing the services for the assignment covered by
this Agreement. In no event shall ENGINEER'S liability exceed
amount of the total compensation received by ENGINEER under this
Agreement.
IV. TERMINATION:
A. CONDITIONS OF TERMINATION: This Agreement may be terminated
without cause at any time prior to completion of ENGINEER'S
services either by CLIENT or by ENGINEER, upon seven (7) days
written notice to the other at the address of record. Termina-
tion shall release each party from all obligations of this
Agreement, except as specified in paragraph VI:13
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either
CLIENT or ENGINEER, CLIENT shall pay ENGINEER with respect to
Basic Services which have been completed an amount fixed in
proportion to the work completed.
VII. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER each binds himself, and
his partner, successors, executors, administrators and assigns
to the other party of this Agreement and to partners, successors,
executors, administrators and assigns of such other party in respect
to all covenants of this Agreement. Neither CLIENT nor ENGINEER
shall assign, sublet, or transfer his interest in this Agreement
without the written consent of the other. Nothing herein shall
be construed as giving any rights or benefits hereunder to anyone
other than CLIENT and ENGINEER.
Page 2 of 3
VIII. SPECIAL PROVISION: Additional services shall be performed only
upon written authorization of the CLIENT. Appendix C-1 is made
a part of this Agreement.
IX. INVALIDATION: If this Agreement is not executed by CLIENT within
10 days of the date tendered, it shall become invalid unless
ENGINEER extends the time in writing.
X. MODIFICATIONS: No one ha 's authority to make variations in, or
additions to the terms of this Agreement on behalf of ENGINEER
other than one of its Officers, and then only in writing signed
by him.
COMPREHENSIVE PLANNING INSTITUTE ENVIRONMENTAL ENGINEERS, INC.
BY: BY:
Khan M. Husain, Founder Dr. Dee T. Mitchell, President
and Director
DATE:
Page 3 of 3