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RESOLUTION 67A-82
AGREEMENT FOR ENGINEERING SERVICES
FOR
REVIEW OF WASTEWATER FACILITIES PLAN
FOR
THE CITY OF FAYETTEVILLE, ARKANSAS
THIS IS AN AGREEMENT made as of the
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day of June in the
year Nineteen Hundred and Eighty Two, by and between the City of
Fayetteville, Arkansas (hereinafter called OWNER) and Camp Dresser & McKee
Inc. (hereinafter called ENGINEER).
OWNER wishes ENGINEER to perform professional engineering services, to
serve as OWNER's professional engineering representative, and to provide
professional engineering consultation and advice for a professional fee (as
set forth below) in connection with reviewing and making recommendations
concerning the Wastewater Facilities Plan prepared by McGoodwin, Williams
and Yates, Inc., and McClelland Consulting Engineers (the "Assignment").
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 ENGINEER shall perform the following professional services.
1.1.1 Consult with OWNER to clarify and define OWNER's requirements
relative to the Assignment and review available data.
1.1.2 Advise OWNER as to the necessity of OWNER's providing or
obtaining from others special services and data required in
connection with the Assignment (which services and data ENGINEER
is not to provide hereunder, but on which ENGINEER may rely in
performing services hereunder), and act as OWNER's represen-
tative in connection with any such services of others.
1.1.3 Assessment of Existing Conditions. Become familiar with the ex-
isting conditions in Fayetteville as they relate to the waste-
water collection and treatment system, land use, water quality,
environment, industry, and wastewater characteristics and
volume.
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1.1.4 Review Facilities Plan Documents. Thoroughly review the re-
ferenced Facilities Plan, Infiltration/Inflow (I/I) Analysis,
Environmental Information Document, and related documents per-
taining to the Facilities Plan. Emphasize population
projections, quality and quantity of future wastewater flows,
and quantity of I/I after Sewer System Evaluation Survey (SSES)
is complete.
1.1.5 Screening of Alternatives. Thoroughly review the development
and screening of alternatives, particularly those relating to
land treatment and "split flow". Determine if the cost es-
timates, both construction and operations and maintenance (O&M),
are accurate, and if environmental and social issues are
adequately addressed.
1.1.6 Evaluate the Selected Plan. Answer the question, "Is the "Split
Flow" Alternative using the Bardenpho process, as recommended in
the Facilities Plan, the most advantageous system for Fayette-
ville in terms of cost-effectiveness, reliability, operability,
and protection of the environment"? Evaluate the project's
life -cycle costs using escalating labor, energy, chemical, and
replacement parts costs and a discount rate that is in-line with
present interest rates, in addition to a cost analysis based
upon EPA's fixed discount rate and cost escalation parameters.
1.1.7 Report. Prepare a formal report that explains the methodology
used in the study and the conclusions reached, and recommends a
specific course -of -action for Fayetteville. Submit six copies
of the report to the City. Attend one work -session to explain
the report and answer questions raised by the Board of Direc-
tors, City staff, and others.
1.2 Additional professional services (Special Services) related to the
Assignment will be performed by ENGINEER on request of OWNER for an
additional professional fee as the parties may subsequently agree.
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SECTION 2. OWNER's RESPONSIBILITIES
OWNER shall:
2.1 Provide all criteria and full information as to OWNER's requirements
and designate a person with authority to act on OWNER's behalf on all
matters concerning the Assignment.
2.2 Furnish to ENGINEER all existing studies, reports and other available
data and services of others pertinent to the Assignment, and obtain
additional reports and data as required; and .ENGINEER shall be
entitled to rely upon all such information and services in performing
services hereunder.
2.3 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform
services hereunder.
2.4 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 he 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.
2.5 Provide such legal, accounting, insurance and other counseling
services as may be required for the project.
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2.6 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.
SECTION 3. PERIOD OF SERVICE
ENGINEER shall start performing sevices hereunder upon execution of
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this Agreement and will complete such services and submit the report
by July 12, 1982.
SECTION 4. PAYMENT
OWNER shall pay ENGINEER for services rendered hereunder a payment
not to exceed $27,225.00 within 30 days after receipt of an official
invoice statement. The statement shall not be submitted for payment
prior to delivery of the Report. If OWNER fails to make any payment
due Engineer for services and expenses within 30 days after receipt
of ENGINEER's statement therefor, the amount due ENGINEER shall
include a charge at the rate of 1.5 percent per month from said 30th
day.
SECTION 5. COST CONTROL
Opinions of probable construction costs, financial evaluations,
feasibility studies, economic analyses of alternate solutions, and
utilitarian considerations of operations and maintenance costs
prepared by ENGINEER hereunder will be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's
best judgement as an experienced and qualified design professional.
It is recognized, however, that ENGINEER does not have control over
the cost of labor, material, equipment or services furnished by
others or over market conditions or contractor's methods of
determining their prices, and that any utilitarian evaluation of any
facility to be constructed or work to be performed on the basis of
the report must of necessity be speculative until completion of its
detailed design. Accordingly, ENGINEER does not guarantee that
proposals, bids or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to OWNER hereunder.
SECTION 6. MISCELLANEOUS
6.1 All documents prepared by ENGINEER pursuant to this Agreement are
instruments of service in respect to the report that is to be
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prepared. They are not intended or represented to be suitable for
construction documents for any facility or for reuse by OWNER or
others in extensions of the facility beyond that now contemplated or
on any other facility. Any reuse by OWNER without written verifica-
tion or adaptation by ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or legal exposure to
ENGINEER.
6.2 The obligation to provide further services under this Agreeement may
be terminated (a) by OWNER with or without cause upon seven days'
written notice to ENGINEER, and (b) by ENGINEER for cause upon seven
days' written notice to OWNER. In the event of any termination,
ENGINEER will be paid for all services rendered to the date of
termination, all reimbursable expenses and termination expenses.
6.3 OWNER and ENGINEER and the respective partners, successors, execu-
tors, administrators, assigns and legal representatives of each are
bound by this Agreement to the other party to this Agreement and to
the partners, successors, administrators, assigns and legal repre-
sentatives of such other party in respect of all covenants, agree-
ments, and obligations of this Agreement.
6.4 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
6.5 This Agreement is to be governed by the law of the principal place of
business of the OWNER.
6.6 This Agreement (consisting of 6 pages) constitutes the entire Agree-
ment between OWNER and ENGINEER and supersedes all prior written or.
oral understandings between them in respect of the subject matter
covered hereby. This Agreement may only be amended, supplemented,
modified or cancelled by a duly executed, written instrument.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agree-
ment as of the day and year first above written.
OWNER:
City of Fayetteville, Arkansas
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ENGINEER:
Camp Dresser & McKee Inc.
Title:.
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Witness:
Title:
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4A4.„_ Witness
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Henningson, Durham & Richardson, Inc.
2700 Hillcrest Road
Suite 125
Da las, TX 75230
(2 4) 980-0001
INVOICE
T
Mr Donald L. Grimes
Cityndaasgtr
P. O. Drawer 8
Fayetteville, Arkansas 72701
,Attention: Er Donald 8.: Bunn
City Hagineat,. _ - .
Invoice No.
Invoice Date
Four-week Period Ended
Project No.
702
8/05/82
7/23/82
8302-01-42
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Peter L. Davis, P.B.
Vice Presid
10-80
Professional engineering services in connection with the
proposed 201 Facilities Plaa-,Reviev for the City of.
Fayetteville, Arkansan per Contract dated dune 11, 1982..
Total Salary Costs: $11,927.60..._
$11,927.60 a 2.4 - $28,426.24
Erases:
Federal Express $ 50.95`
Travel 2,242.34.,;- _ .., .
Printing/Beroa 262.70„_ $ 2,555.99_ _..
Total Salary Costs and Expenses. $31,182.23
Earthen Pee: $28,000.00
Total Coat to Date: $31,182.23 -
Previously Invoiced: $ 00.00
sa.vatt Scar�.'
Please send remittance
with copy of invoice to:
Henningson, Durham & Richardson, Inc.
Post Office Box 3443
Omaha, Nebraska 68181
Amount Due
This Invoice
$28,000.00