HomeMy WebLinkAbout125-82 RESOLUTION•
Plori
RESOLUTION NO
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING
ENGINEERS, INC. FOR ENGINEERING SERVICES NECESSARY
FOR CONSTRUCTION OF AN ACCESS ROAD TO SERVE THE EAST
SIDE OF THE FAYETTEVILLE MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF 'DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS: 4.
That the Mayor and City. Clerk are hereby authorized
and directed to execute a contract -with McClelland Consulting
Engineers, Inc. for engineering services necessary to con-
struct an access road to serve the east side of Drake Field.
A copy of the contract authorized for execution hereby is:
attached hereto,' marked.Exhibit "A", and made:a part'hereef.
PASSED AND APPROVED this /9# day of ,Lt'�ZJ,9.e. ,. 1982.
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By:
City Clerk
APPROVED:
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this 3rd day of November
1982, by and between the CITY OF FAYETTEVILLE, ARKANSAS,
hereinafter referred to as the OWNER, and McCLELLAND CONSULTING
ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to
as the ENGINEER.
The OWNER desires to construct site improvements for an
automobile access road at the Fayetteville Municipal Airport,
known as Drake Field, situated in the City of Fayetteville,
Washington County, State of Arkansas, and the Engineer agrees to
perform the professional engineering services required for same.
This work is to be performed in conjunction with the Federal
Aviation Administration Grant AGREEMENT for Project No.
3-05-0020-03.
WITNESSETH:
That for and in consideration of the mutual covenants and
agreements between the parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
That the ENGINEER shall furnish basic engineering services as
follows:
1. Arranging and coordinating meetings with the
Federal Aviation Administration to facilitate
execution, review, and approval of the work.
2. Providing topographic mapping of the immediate
planning area to include:
A. A map of the vicinity topography, at a scale
of 1" = 50', with 1' contour intervals.
B. Cross-sections at approximately 50 -foot
stations.
3. Mapping all known existing underground utilities,
structures, etc. in the immediate area.
4. Designing and specifying site earthwork, site
drainage and related site work, including a
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bridge -type culvert, required to construct site
improvements for an airport access road
approximately 3,100 linear feet in length.
5. Formulating construction cost estimates for all
proposed developments associated with the work,
said estimates being related to the proposed
schedule of development and based upon forecasted
construction costs. The ENGINEER has no control
over prices of labor, equipment and supplies, or
of the Contractor's method of determining prices,
and therefore does not guarantee any cost estimate
provided to the OWNER. Said estimates will be
basedupon experience, judgment and latest prices
bid for similar work.
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6. Prior to the advertisement for bids, the ENGINEER
will provide no more than seven ,(7) copies of
detailed plans, specifications, and contract
documents for approval and use by the•OWNER arid
the Federal Aviation Administration. The cost of
no more than seven (7) copies of such plans,
specifications, and contract documents shall be
included in the basic compensation paid to the
ENGINEER. Additional sets will be furnished at
the cost of reproduction, in the event they are
requested.
7. The ENGINEER will furnish additional copies of
plans, specifications and contract documents as
required by prospective bidders, material
suppliers, and other interested parties, but may
charge for the actual cost of such copies.
Original documents, tracings, and the like, except
those previously owned by the ENGINEER, are and
shall remain the property of the OWNER.
8 The plans prepared by the ENGINEER under the
provisions of Section A shall be in sufficient
detail to permit the actual location of the
proposed improvements on the ground, and shall be
sufficient for the bidders to formulate
intelligent bids for construction of every detail
of the project.
9. The ENGINEER will commence the work within ten
(10) days from the approval of this contract by
the Federal Aviation Administration, and will have
Plans and Specifications completed within sixty
(60) calendar days therefrom.
(2)
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10. The Engineer further agrees to obtain and maintain
at the ENGINEER'S expense, such insurance as will
protect him and the OWNER from claims under the"
Workman's. Compensation Act.and from all claims for
bodily injury,, death, or property damage which may -
arise from the negligent performance by the
ENGINEER or by the ENGINEER'S employees', of,.the
ENGINEER'S functions.and services required %under
this AGREEMENT, such insurance being that normally
covered by, General Liability,. and Public
Liability/Property Damage Insurance.
11. The ENGINEER will perform soils investigations as
deemed necessary.
12. The ENGINEER will attend the bid opening and
tabulate the bid proposals, make an analysis of
the bids, and make recommendations for awarding
contracts for construction.
13. The ENGINEER will check and approve any necessary
shop and working drawings furnished by
Contractors.
14. The ENGINEER will interpret the intent of the
plans and specifications to protect the OWNER
against defects and deficiencies in construction
on the part of the contractors. The ENGINEER will
not, however, guarantee the performance by any
contractor.
15. The ENGINEER will provide horizontal and vertical
control for all structures in the form of bench
marks or reference points to be used by the
contractor in performing the construction.
16. The ENGINEER will review and approve estimates for
progress and final payments.
17. The ENGINEER will make final review of all
construction and a written certification of same
to the Owner.
18. The ENGINEER will provide the OWNER and the
Federal Aviation Administration with three (3)
sets and two (2) sets respectively, of "AS -BUILT"
prints at no additional cost to the OWNER.
(3)
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19. The ENGINEER will provide general construction
observation on a periodic basis as dictated by
major construction events or at the request of the
OWNER or by the Contractor. The performance
hereunder and the compensation set forth in
Section B, Paragraph 2 are based on a construction
period not exceeding sixty (60) calendar days. In
the event that the construction phase of the
project exceeds this stated period, the ENGINEER
shall be due extra compensation from; the OWNER
based on actual'man-hours expended and the hourly
rates set forth in Section C.
20. In order to maintain control during the
construction phase, the ENGINEER will perform such
laboratory and/or field tests as deemed necessary.
The extent of such testing will be determined by
conference with the OWNER and/or representatives
of the Federal Aviation Administration.
21. The OWNER shall secure and guarantee the right of
entry of the ENGINEER to the site to perform the
work. Since the OWNER does not currently own the
land where the work is to be done, he shall
coordinate proposed design activities with the
actual property owner(s) on the ENGINEER'S behalf.
SECTION B - COMPENSATION FOR ENGINEERING SERVICES
That the OWNER shall compensate the ENGINEER for engineering
services based upon the following schedule:
1. DETAILED PLANNING & DESIGN: For all services described in
section A, Paragraphs 1 through 11, the sum of twelve
thousand, two hundred dollars ($12,200.00). Compensation
for services performed under Section A, Paragraphs 1 through
11 shall be made in accordance with monthly billings by the
ENGINEER which reflect the percentage of work completed to
date. However, the final $1,220 will be retained by the
OWNER until the plans and specifications have been approved
by the OWNER and the Federal Aviation Administration.
2. CONSTRUCTION OBSERVATION: For the performance of services
in Section A, Paragraphs 12 through 19, the sum of six
thousand, three hundred, twenty-five dollars ($6,325).
Compensation for services performed under Section A,
paragraphs 12 through 19 shall be due and payable in monthly
installments, based upon the effort expended by the ENGINEER
(4)
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per records of time worked and direct'expenses incurred, the
final 10% to be retained by the Owner until completion and
final acceptance of the construction work.
3. CONSTRUCTION MATERIALS TESTING: For the performance of
services in Section A, Paragraph 20, the following schedule
will apply:
Concrete Compressive Testing,
per cylinder
Air Entrainment Test
Proctor Curve, Modified
Proctor Curve, Standard
Density Testing, In Place
Gradation, Dry Sieve
Gradation, Wet Sieve
$ 10.00/each
5.00/each
90.00/each
70.00/each
13.50/each
5.00/sieve
15.00/sieve
The estimated maximum fee for the construction materials
testing is one thousand, one hundred dollars ($1,100) and
it is agreed that this fee will not be exceeded without the
prior written approval of the OWNER. It is also agreed that
the costs for all tests which fail to meet the construction
specification requirements shall be borne by the Contractor,
and the construction specifications will so state.
Compensation for the construction materials testing work
shall be due and payable on a monthly basis, after submission of
reports of testing performed during each month.
SECTION C - ADDITIONAL ENGINEERING SERVICES
The OWNER may wish to increase the engineering services
herein to include those services not specifically included
hereinbefore in the scope of this contract. A partial listing of
such "additional engineering services" includes:
1 Property boundary surveys or additional surveys of
any type.
2 That required for additional construction work.
It is likely that the OWNER may receive additional
funding from FAA to proceed with the balance of
design and construction work on the access road
(pavement, curb and gutter, etc.). The ENGINEER
agrees to provide related additional engineering
services for the following additional fees:
(5)
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A. Detailed Planning and Design:
$3,600 (lump sum)
B. Construction Observation:
$2,375 (lump sum)
C.
Construction Materials Testing:
$1,300 (estimate)
3. Legal descriptions.
4. Easements.
5. Overtime engineering.
6. Work re -done, not as a result of the ENGINEER'S
omissions or commissions.
In the event that additional engineering services are
needed, it is mutually agreed that compensation for such services
shall be determined by the following hourly rate and unit price
schedule, if compensation is not otherwise specifically called
out in this AGREEMENT:
ENGINEERING:
Principal Engineer
Project Coordinator
Project Engineer
Assistant Project Engineer
Resident Engineer/Inspector
FIELD PERSONNEL:
Three-man party (Surveying)
Two-man party
Lab Technician
DRAFTSMAN:
Senior Draftsman
Junior Draftsman
OFFICE PERSONNEL:
Secretarial/Clerical
(6)
$ 70.00/hour
50.00/hour
40.00/hour
30.00/hour
37.50/hour
46.00/hour
35.00/hour
28.00/hour
28.00/hour
20.00/hour
18.00/hour
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ASPHALT TESTS
3 - Marshall Specimen
3 - Unit Weight
3 - Stability
1 - Asphalt Content
1 - Gradation
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250.00/Sample (total)
SECTION D - OWNER'S REPRESENTATIVE
The OWNER agrees to designate one person to act as his
representative during this project and to be responsible for
coordinating the work with the ENGINEER.
SECTION E - ACCESS TO RECORDS
It is further agreed that the OWNER, the Federal Aviation
Administration, the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access
to any books, documents, papers and records of the ENGINEER which
are directly pertinent to the work hereunder, for the purpose of
making audit, examination, excerpts and/or transcriptions.
Records under this Section shall be maintained and made available
during performance on FAA grant work under this AGREEMENT and
until three years from date of final FAA grant payment for the
project. In addition, those records which relate to any
"Dispute" appeal under an FAA grant agreement, or litigation, or
the settlement of claims arising out of such performance, or
costs or items to which an audit exception has been taken, shall
be maintained and made available until three years after the date
of resolution of such appeal, litigation, claim or exception.
SECTION F - EQUAL OPPORTUNITY
In accordance with Executive Order 11246, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375, and
as supplemented in Department of Labor Regulations, the ENGINEER
agrees that he will not discriminate against any employee or
applicant for employment because of race, religion, age, color,
sex, or national origin.
SECTION G - TERMINATION
In the event the ENGINEER, due to causes beyond his control,
shall become unable to complete the contract provisions herein,
the OWNER, after receipt of written notification from the
ENGINEER, may void the contract and employ another engineer to
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complete the work. In such event, all notes, calculations,
drawings, specifications and all other data developed and
accumulated by the ENGINEER pertaining to the work hereunder
shall be released to the OWNER for the OWNER'S disposition.
Compensation due the ENGINEER will be determined by hourly rates
established in Section C,.of this AGREEMENT.
In the event.that the OWNER shall decide not to continue the
project after this AGREEMENT has'been executed, hershall provide
written notification to the ENGINEER. In such event, all notes,
calculations, drawings, specifications, and all other data
developed and accumulated by the ENGINEER pertaining to the work
hereunder shall be released to the OWNER for his disposition.
Compensation under this circumstance shall be due the ENGINEER at
the hourly rates and unit prices established in Section C of this
AGREEMENT, effective through the date of written notification to
the ENGINEER of project termination.
In the event the ENGINEER shall breach the contract
hereunder, shall fail to perform the delineated tasks hereunder,
or shall not perform the contract in a manner suitable to the
OWNER, the OWNER may terminate this contract by written notice,
effective at the time of receipt of notice by the ENGINEER. In
such event, all notes, calculations, drawings, specifications and
all other data developed and accumulated by the ENGINEER
pertaining to the work hereunder shall be released to the OWNER
for the OWNER'S disposition. Compensation due the ENGINEER under
any one of the circumstances stated will be determined by the
unit prices established in Section C, hereunder, with the added
provision that such compensation shall not exceed the arithmetic
difference between the contract price hereunder and the total
monies actually to be paid another engineer who has been employed
to complete the work.
It is expressly agreed that the basis for this contract lies
in the mutual confidence existing between the OWNER and the
ENGINEER. Therefore, it is the intent that this contract shall
be continued and consummated by the parties hereto. The
termination paragraphs herein are provided in the unlikely event
such described conditions should occur.
SECTION H - ACKNOWLEDGEMENTS
In executing this contract the ENGINEER acknowledges that he
has visited the site of the work, that he is familiar with the
conditions and characteristics of the site, and that he fully
understands the nature, extent and character of the project and
(8)
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the time limitations placed thereupon. He further states that he
has discussed the proposed work with the representative of the
OWNER.
The ENGINEER hereby states that he has and will comply with
the requirements specified in Title IV of the Civil Rights Act of
1964 and in CFR Part 7.
The ENGINEER hereby states that he has performed planning
and design engineering on previous airport projects, as well as
other projects of a similar nature, that through his laboratory
facilities, he has previously performed pertinent work on other
airport projects, as well as other -projects of a similar nature,
and that he has the staff and "capabilities to perform the work
described herein, in a professional and timely manner.
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This AGREEMENT shall inure to the benefits of and be binding
upon legal representatives and successors of the parties
respectively and shall become effective upon execution.
IN WITNESS WHEREOF, the parties hereto have executed, or
caused to be executed by their duly authorized officials, this
AGREEMENT in duplicate on the date heretofore stated.
(9)
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l�ATTEST:'A,*?:
ByAts\t:
Type Name
v
Olivia Kelly f
Title City Clerk
TypeName Maurice A. McClelland
Title Sec'y - Treas.
OWNER:
CITY O FAYETT .v
By
Type Name.
Title
Paul R. Noland
Mayor
ENGINEER:
McCLELLAND CONSULTING ENGINEERS,
INC.
(10)
yp Name J. E. McClelland
tle
President
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'APPENDIX A
TO AGREEMENT FOR ENGINEERING SERVICES
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Airport Development Aid Project Numbers 3-05-0020-03
State of Arkansas
CERTIFICATION OF ENGINEER
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I hereby certify that I am the President and duly authorized
representative of the firm of McClelland Consulting Engineers,
Inc., whose address is 1810 North College Avenue, Fayetteville,
Arkansas, and that neither I nor the above firm I hereby
represent has:
a. employed or retained for a commission, percentage,
brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide
employee working solely for me or the above
consultant) to solicit or secure this contract,
b. agreed, as an express or implied condition for
obtaining this contract, to employ or retain the
service of any firm or person in connection with
carrying out the contract, or
paid or agreed to pay any firm, organization, or
person (other than a bona fide employee working
solely for me or the above consultant) any fee,
contribution, donation, or consideration of any
kind for, or in connection with, procuring or
carrying out the contract.
I acknowledge that this certificate is to be furnished to the
Federal Aviation Administration of the -United States Department
of Transportation,i in connection with .this contract involving
participation of Airport' Development Aid Program (ADAP) funds and
is subject to applicable state and federal laws, both criminal
and civil.
s
November 3 , 1982 //
McClelland,
McPresi t
FAYETTEVILLE, ARItAITSAS
OFFICE OF CITY CLERK
P. 0. DRAWER F 72701 15011 521-7700
• November 3, 1982
Mr. Johnny Quinn, P.E.
Project Coordinator
McClelland Consulting Engineers, Inc.
1810 N. College Avenue
Fayetteville, Arkansas 72701
Re: Proposed Contract for Engineering
Services - Airport Access Road
Dear M>r. Quinn:
Enclosed is a copy of the executed contract referenced above.
I have taken the liberty of sending a copy to Ms. FHe Hogue and I
have mailed off the copy to the FAA, while retaining a copy.
If I may be of further assistance, please don't hesitate to
contact me.
/oak
Att.
cc: Ms Ede Hogue
Airport Manager
Sincerely,
Olivia Kelly
City Clerk
FAYETTEVILLE, ARKANSAS
P. 0. DRAWER F 72701
November 2, 1982
Mr. Bob A. Smith, Chief
Federal Aviation Administration
FAA Bldg., Room 204
Wiley Post Airport
Bethany, Oklahoma 73008
Re: Contract for Engineering Services
Airport Access Road, Drake Field, Fayetteville
Project No. 3-05-0020-03
Dear Mr. Smith:
1501] 521-7700
Enclosed herewith is a copy of the referenced contract. Please
notify us after your review has been completed in order that we
may proceed with the design phase of the project as soon as
possible.
Your assistance in this matter is appreciated.
Sincerely,
Paul Nol nd, Mayor
IR
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McCLELLAND CONSULTING ENGINEERS INC:
Environmental and Materials Testing
Civil Environmental and Chemical En•ineerinq Consulting
LITTLE ROCK FAYETTEVILLE
JAMES E. MCCLELLAND, P.E.
FRED NIELSEN, R.L.S.
J.E. McCLELLAND, P.E.
VERNON D. ROWE, P.E.
November 2, 1982 82-118
•
Mrs. Olivia Kelly
City Clerk
City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702-F
Re: Proposed Contract for Engineering Services
Airport Access Road
Dear Mrs. Kelly:
Forwarded herewith are three (3) copies of the referenced
contract, for execution by the City. Your cooperation in
administering the execution process is appreciated.
•
Also enclosed is a letter of transmittal to FAA, for Mayor
Noland's signature. FAA's approval of the contract document is
needed before we begin detailed design work.
After execution of the three copies: send one to FAA with the
letter of transmittal; return one to us; and keep the other for
your file.
Again, thank you.
Cordi.11
9..
ny Quin , P.E.
rojeadinator
JQ/paa
cc: Ede Hogue
1810 N. COLLEGE AVE. P.O. BOX 1229
FAYETTEVILLE. ARKANSAS 72102-176 TELEPHONES 15 011 443-4171 /4 4 3-13 77
A a 3-11/0 3
FAYETTEVILLE, ARIKANSAS
OFFICE OF CITY CLERK
72701
P. 0. DRAWER F
April 27, 1983
Mr. R. Wayne Jones, P.E.
Project Engineer
McClelland Consulting Engineers, Inc.
1810 North College Avenue
Fagetteville, Arkansas 72701
Dear Mr. Jones:
I5011 521-7700
MICROFLLMEL2
Enclosed is a fully executed copy of Amendment No. 3, Contract for
Engineering Services, Airport Access Project, Drake Field.
I have forwarded a fully executed copy of the Amendment, along with
your transmittal letter, to Mr. Bob Smith of the Federal Aviation
Administration.
If I may be of further assistance, please don't hesitate to call.
Sincerely,
Olivia Kelly
City Clerk
/oak
Enc.
cc: Ede Hogue
Airport Manager
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AMENDMENT NO. 3
TO
AGREEMENT FOR ENGINEERING SERVICES
The AGREEMENT, made the 3rd day of November, 1982, by and
between the CITY OF FAYETTEVILLE, ARKANSAS and McCLELLAND
CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, is amended as
follows:
WHEREAS, the City of Fayetteville desires that the scope of
work be increased to incorporate design and construction
observation services for paving and surfacing improvements, and
WHEREAS, the Federal Aviation Administration (FAA) is the
primary funding source for referenced Project No. 3-05-0020-03,
and requires that a formal contract amendment be executed if said
additional services are to be considered as eligible for FAA
funding,
WITNESSETH that the additional stipulations are hereby agreed:
In accordance with Section C, paragraph 2 of the original
contract, the Owner directs the Engineer to revise the Plans and
Specifications to reflect the need for additional construction
work, since the Owner has received additional funding from FAA to
proceed with surfacing improvements for the access road project.
In accordance with the provisions of the Basic Agreement, the.
Engineer agrees to provide related additional engineering
services for the following additional fees:
1. Detailed planning and design - $3,600 lump sum.
2. Construction Observation
- $2,375 lump sum.
Additional construction materials testing is estimated to cost
$1,300.
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(SEAL) ? s
ATTEST: r4'"
By Q_
Type Name
Title
Olivia Kelly
City Clerk
(SEAL)
ATTEST:
By ThtxLaec@.2tY ® 9
OWNER:
By pFAYETTELL!
Y
Type Name Paul R. Noland
Title Mayor
OWNER:
McCLELLAND CONSULTING ENGINEER,
INC.
eiiattg.Leg By
Type Name Maurice A. McClelland
Title
Sec'y-Treas.
2
{A s7
ame J. E. McClelland
Title President
•
IVP
McCLELLAND CONSULTING ENGINEERS INC.
Environmental and Materials Testing
Civil, Environmental and Chemical Engineering Consulting
LITTLE ROCK FAYETTEVILLE
J.E. McCLELLAND, P.E.
VERNON D. ROWE, P.E.
JAMES E. McCLELLAND. P.E.
FRED NIELSEN, R.L.S.
April 12, 1983 82-118
Mrs. Olivia Kelly
City Clerk
City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702-F
Re: Amendment No. 3
Contract for Engineering Services
Airport Access Project, Drake Field
Dear Mrs. Kelly:
Enclosed you will find three (3) "originals" of the referenced
Amendment. As I understand it, in order for the Federal
Aviation Administration to review these "additional services"
for eligibility with regard to their funding participation, it
is necessary that the agreement be executed in the form of an
official "Amendment" to the original contract. As you will
notice, the scope of these additional services, and the related
fees, have already been approved by the City in the Basic
Agreement, dated November 3, 1982.
The City Board, by resolution, should authorize the Mayor to
execute this document.
Please place this Amendment in line for execution, thereafter
forwarding one copy to FAA for their review, and returning one
copy to this office for file purposes.
1810 N. COLLEGE AVE. P.O. BOX 1229
Continued -
FAYETTEVILLE, ARKANSAS 72702-1229 TELEPHONES (501) 443 -4271/443 -ZIP
Mrs. Olivia Kelly April 12, 1983
City Clerk Page 2
I have enclosed a letter of transmittal for your convenience.
Your assistance is appreciated.
Cordially,
R Way Jones, P.E.
Projec Engineer
RWJ/paa
cc: Ede Hogue