07131990
488
HARNETT COUNTY BOARD OF COMMISSIONERS' SPECIAL SESSION, JULY 13, 1990
The Harnett County Board of Commissioners met in special session on Friday, I
July 13, 1990, in the County Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson,
Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were W.
Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay
S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 1:00 p.m.
Commissioner Hudson offered the invocation.
EXECUTIVE SESSION Commissioner Hudson made a motion to go into executive session to discuss
claims and litigation involving the County. Commissioner Shaw seconded the
motion and it passed with a unanimous vote.
Commissioner Collins made a motion to come out of executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
CONSENT ORDER RE: W. Glenn Johnson, County Attorney, read in full and presented for
HUMANE SOC IETY OF consideration a Consent Order involving the Humane Society of Eastern North
EASTERN N. C. Carolina. Commissioner Smith moved that the County Attorney be authorized to
execute the Consent Order on behalf of the County. Commissioner Hudson
seconded the motion and it passed with a unanimous vote. The Consent Order is
copied in full at the end of these minutes dated July 13, 1990, as document
no. 1.
RESOLUTION RE: John M. Phelps, Public Utilities Attorney, presented for consideration a
AGREEMENT FOR ENGINEER- Resolution Approving and Authorizing Execution of Agreements for Engineering
ING SERVICES FOR CAPE Services concerning the Cape Fear Regional Wastewater System project.
FEAR REGIONAL WASTEWATER Commissioner Collins moved for the adoption of the resolution. Commissioner
SYSTEM Shaw seconded the motion and it passed with a unanimous vote. The resolution I
is copied in full at the end of these minutes dated July 13, 1990, as document
no . 2.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
special meeting, July 13, 1990, duly adjourned at 2:15 p.m.
"7f;~d~~
K (tLy ,,{. j}j IJArJ..oJtd
Kay S. Blanchard, Recording Secretary
~w~~~. ':4:~~~ard
I
- --,-....-
489
DOCUMENT NO. 1
STAD OF!.:!...,:, CAIlOLIlfA III '1'D GDBRAL COURT OF JUSTICE
DISftIC'1' COUR'f DIVISIO.
"-'w;....~.. OP BU.."I........ FILl: RODDa 90 CV1) 0782
BUMAn SOCIzn OF DS'1'BRlf J
1IOll..:. CAJtOLID, IJIC.,
Plaintiff , J
VB. J COlfSB1fT ORDER
I J
JIA1l..IoAl.. CO,,'.....,
Defendant. ]
. . . . . . . . . . . . . .
This c.use came on to be he.rd before the undersi,ned Jud,e
pres1din, over the July 9, 1990 Se..ion of the District Court
Division, Gener.l Court of JU8tice of Barnett County, Horth
C.rolina, by aIld with the con....~ of the par~ie. .. evic!enced by
the d,n.~ures of their re.pec:~ive .tt.orney. below .ffixed, anc!
it .ppe.rin, to the Cour~ th.t ..ic! par~ies have .greec! to tbe
entry of thi. order without prejudice t.o eitber p.rty hereto .nc!
th.t the end. of ju.tice would be thereby .erved, it h ordered,
by .nd wi th the con.ent of the partie., .. follow..
l. The defendan~ .b.ll utiliae ..thod. of eutb.n..i. for
c!o9. in the course of its l.wful aIliaal control .ctivities other
th.n ,unsbot, except in t.bo.e situation. wbere tbere h .n
imaedi.te thre.t to life by .n .nimal .nd ,un.hot is the only
rea.on.bly .v.il.ble met.bod to .lleviate .ucb threat. In thh
reg.rd, it ia cont.-pl.~ed by the par~ie. th.t routine euth.n..i.
of .nimal. by the defendant sh.ll be by leth.l injection
.dminiatered by . veterinari.n or other duly licensed or
qU.lified profe.aional .ctin, by .gr....nt wit.b the c!efend.nt.
I 2. The c!efendant .h.ll de.ign.te .n individual who.e
re.pon.ibility it .hall be to .ee th.t all .nimal. .t the .nimal
control f.cility oper.ted by the defendant .re provic!ed with
.dequ.~e food, w.ter anc! facility cleaning on . d.ily b.si.,
seven d.ys per .eek.
3. The defend.n~'. .nimal control f.cility sb.ll be
provided wi~b . sheltered .re. .nd wit.b sic!e. .dequate to provide
all .nimal. therein boused with r...onable protection from the
el.ents. Furtber, divi.ion of space in which .ucb .nimals .re
kept .ball be made .0 .. to .llow segreg.tion of l.r,e c!o9. from
...11 c!09S, male c!09. frOlll f_le c!o9., .nd d09. wbich .re
.pp.rently c!18...ed or injured frOll bealthy d09s. The
requir.enta of th18 p.r.,r.pb shall be met wi thin .eventy two
hour. of the entry of this order by the Court.
4. The he.rin, of plaintiff'. applic.tion for. preliminary
injunction is continued until July 26, 1990, .nd the provision.
hereof .h.ll remain in effect until further orc!ers of the Court
mi,ht be entered, the partie. bereto mi,bt .,ree otherwise, or
other di.po.ition of this .ction mi,ht be made.
5. The term. .nc! provision. of thia orc!er .re witbout
prejudice to eit.ber party hereto in .ny re.pect wh.tsoever, .nc!
I the con.ent of tbe p.rtie. bereto doe. not con.titute .ny
adai.sion or acknowledgment of .ny type by either p.rty.
Enterec! this day of July, 1990.
District Court Judge
COHSBlftBD TO I
AttorD" f~f
L -\\ ~
Attorney for ~t --
490 DOCUMENT NO. 2
".01111:1011 AppZ'OYug
IUld Allt:Ilod.aug Bucut1011 of
Agre_t. for BIlgu_rug SerYta..
(Cape Pear Reg10.a1 ...tewater Sy.t.. Project:)
THAT WHEREAS, the Board of CoJlllllissioners of the County of
Harnett (hereinafter sometimes referred to as the "Board") by
resolution adopted July 2, 1990, selected the firms of Marziano , I
Minier, P.A. and Dewberry & Davis to perform the design and related
engineering services associated with the Cape Fear Regional
Wastewater System Project; and
WHEREAS, in accordance with said resolution, contract
documents as hereinafter described have been formulated with said
firms, which are in a form now recommended to the Board for
approval; and
WHEREAS, attached hereto as Exhibit A and incorporated herein
by reference is a copy of a document entitled "Agreement for
Engineering Services" between the County of Harnett and Marziano
, Minier, P.A.; and
WHEREAS, attached hereto as Exhibit B and incorporated herein
by reference is a copy of a document entitled "Agreement for
Engineering Services" between the County of Harnett and Dewberry
& Davis; and
WHEREAS, upon consideration of said Agreements, it is the
desire of the Board to approve the same and authorize the execution
thereof.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners I
of the County of Harnett, subject to any approvals as may be
required by the applicable federal and/or state agencies that:
1. The County of Harnett shall and is hereby authorized
to enter into that Agreement for Engineering Services with Marziano
, Minier, P.A., a copy of which is attached hereto as Exhibit A and
incorporated herein by reference.
2. The County of Harnett shall and is hereby authorized
to enter into that Agreement for Engineering Services with Dewberry
, Davis, a copy of which is attached hereto as Exhibit B and
incorporated herein by reference.
3. The Chairman of the Board of CoJlllllissioners and the
Clerk to the Board are hereby authorized, empowered and directed
to execute the originals of the above described Agreements for and
on behalf of the County of Harnett.
4. Marziano & Minier, P.A. and Dewberry & Davis are
hereby directed to forthwith commence work on the project as set
forth in said Agreements.
Duly adopted this 13th day of July, 1990, upon motion made by
Commissioner Collins , seconded by Commissioner I
Shaw , and adopted by the following vote:
AYES 5 NOES 0 ABSENT 0 ABSTAINED 0
BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT
?~s~~---.
C airman of the Board
~
van~~t. ~LA7
Clerk to the Board
491
I EXHIBIT A FmHA 'nstNctlon 1942.,\
\
,(/ (Quida 20)
, I
AGREEMENT FOR ENGINEERING SERVICES
(FmHA/EP A Jointly Funded Projects) ..
THIS Alream...a, ..... ,his \'z..!b day of :r u\~ ,.19 '\0 by and between
County of Harnett t hereafter referred to u the OWNER.. and
Marziano , Minier. P.A. t hereinafter referred to u the ENGINEER:
The OWNER 'Al.neta to constfUCt . Project conslllln, o( a wastewater, treatment plant
described as Alternate No. 4 - Revised June 18, 1990.in the Northeast
Harnett Count.v 201 Facilities Plan Amendment apd cQ~'u~j.st;ina of: 1) infl\~
. ~...
pumpinq station and force ma,in: 2) bar screens: Jl oxidation ditch with
rotors; 4) secondary clarifiersJ 5) chlorfne contact and reaeration basi
..
with chemical system; 6) aerobic diqester with diffused air and blowers]
7) administrative and lab buildinq; 8) site work. access road, outfall
to Cape Fear and appurtenances; 9) electrical and HVAC systems.
.
.
- . .. . .
in ~-- Count)'. Sl'te of North Carolina which may be paid fOf in pan with financial usistlnce
Harnp~~
I from the United States of America attinl throulh Ihe Farmen Home Administrltion of the United Slates
Depanmenf of Apiculture. hereinlfter re(etted to as FmHA. pursuant to the Consolldlled Firm Ind Rural
Development Act (7 use 1921 It 114.1. .nd throulh the United Stiles Environmental Protection A,tney.
hereinaCter referred to u EPA. pursuant to Ih. CI.an Wlter Act. u amended U3 USC. 1231" Slq,). Neither the
United S..II. nor In)' or it. deplnments. 'Iencies. or employees is or will be a party to this Alrtemenl Of any
sub'lreement. Th, ENOINEER Ilrees to perform the various profusional enlineerin, services for the desill1
Ind construction of taid Project in accordance with the proviSions 01 this A,reement.
CONTENTS
SECfION A · O!NIIlAL PROVISIONS SECTION B · ENGINEERING SEll VICES
I. G.nenl Enllneerinl Services Durinl the OeSII"
2. Approval. Phase
3. aespoftllbllltl.. of the ENOINEEIl Enlineerlnl Services Durin. the
4. Res,...bUlulI 0( the OWNER Construction 'hu~
5. Chantn Enain""na S"viea Durinlthe
6.. Termilwioa of Contract Operllion Phue
1- ',ymIDI
I. project Dill," SECTION C. ADDITIONAL ENOINEERING
9. A\ldit ..... ACCIII to Records SEll VICES
10. Subc:on.....
II. Ins........ SEcrlON 0 . SPECIAL PROVISIONS
12. Equal Imploymedt Opponunitr
13. Small. Minority and Women'. Businesses ^"uhment I · Compensation for Enlineerinl
14. Dltl and CapJriaht S.rvices Durinl the Desian Phue.
15. Oral._ Anachment II . Compenutlon (or Enlineerinl
16. Cov....... Aplnlt Continlent Fecs ServicI. Durin, th. Construction
17. COlI or Pricial D." Ph....
II. R...... Auachment III . Compensation for Enain..rin,
.,. En.,., EfIIcI.ncy Services Durin. the Operation
I 20. Auunnce Apinlt Debarment Phue.
. I
-
-
492
FmHA lnmuction 1942.A I
(Guide 20) i
Pllt ]
SECTION A . GENERAL PROVISIONS
I. G'Dtral furnished by 'he ENOINEER under this A,reement.
(a) Thll A,reement represents ,he antlfe and It Ihis Alreement invol\les environmental measures or
dall .enetalion. lhe ENGINEER shill comply with
intelraled A,rcement between the OWNER Ind lhe EP A quality assurance requirements in 40 CFR
ENGINEER for the Project and lupersedes .11 prior. 30.503. The ENGINEER shall keep 'the OWNER
nelOlialions. rcpresentllions or Ilreements. either informed of the performance of lhe ENGINEER's
written or oral. In the event .ny provisions of this duties under this Alreemenl. The ENGINEER. shall
...,reement or Iny subsequenl addendum shan be held promplly and without additiona' compensation. correct
lO be invalid and unenrorceable. the remaininl or revise Iny errors. omissions. or other deficiencies
proviSions shill be vllld and bindlril u,on the plrlies. In lhe desi,n drl",'lnp, specineations. reporas. Ind
One or more wllvers by either pany of In, provision. olher services.
term, condition or covenant shill not be construed by ...
the other plrty U I waiver or I subsequ.nt breach of (b) The ENGINEER shill perform the profcsslorta".
the saml by the olhe, pany. The Ocneral Provisions services necessary to acc:omplish the work specified In
of Ihis Alrtlment supersede an, conflictinl SPE.CIAL this Alrecnlent, In Iccordance With this Alrclmenl ,
PROVISIONS. and applicable EP A requiremenls In elrect on the date
of execution of the EP A assistlnce I.reement for this
(b) The ENGINEER will cooper.te and work Project,
doscly wjlh fmHA. EP A and Sta.. represenlatives. (d The OWNER's. FmHA's. or EPA.s revfew or
(c) The ENGINEER will attend conC.erencls and approval of desi,n drawfn,s. specincatlons. rlpOrts,
pub'lc hurines....lDi the OWNER, representatives of and other services furnished hereunder shall not In I
FmHA and EPA. or other Inaeresled parties and any WIY relieve the ENGINEER of responsibility for
provide IssistlnCe In connection with such the technical adequacy of the work. Nehhtr the
undlrtakin,s u may be reasonably necessary in OWNER's. FmHA's. nor EPA's revi,w, approval or
c:onneclion with this Project. Icceptanet of, nor payment for Iny of the services
1. Approytla shan be construed a. . wllver of any rllhl' under lhfs
A,reement or 9.( In)' cause of IClion arlsin. out of the
(a) This Alreement shall not become ,fTeclive until performance of this Aarcement,
Jppro\'cd b~ fmHA. Such appro~.1 shan be (d) The ENGINEER shall be Ind shill remain
:videnc:ed by tho Ii....'ur. of . duly luthorized liable, in accordance with applicabl. law. (ot all
'.presentative of fmHA in the .pace provided in the dlmales to the OWNER caused by the ENGINEER's
-\tlachmenl. to this Alreera.n.. The approvl'lhall in nealitenl '~errormance o( Iny of lhe servh:es furnished
10 way commit FmHA to render financial assistance under this Alreement, except for errors, ommisslons
o 'he OWNER. fmHA il without liability for an, or other defi(ieneies to the Ulent attributable to the
,ayment hereunder. but In the event such ISsistance OWNER or OWNER.furnished dlla. The
s prO\lided. lhe Ipproval Ihan silnilY that lhe ENGINEER shall not b. responsible for any time:
'fo\'isions o( this Alrtlment are COnSilient with the deli'S in the Projecl caused by circumstlncn beyond
equirements of fmHA. the ENGINEER.. control.
fb) Review or appro"a. or documents by or for EP A fe) The E~GINEER's ablll'tions under lhis clause
,r fmHA under this Aareament is for adminislnllve .re in addilion to 'lhe ENGINE.'ER's other express or
l\Jrposes only and does nOI relieve the ENGINEER or implied .1Ssurances under this A,reemenl or Slate law
)\\~ER of their responsibilities to desiln. con.lruct and in no way diminish Iny other riahts thll the
:nd opera.e lhe ProjeCt u required under law, OWNER mlY have ...inst Ihe ENGINEER for raulty
clulations. permits and IOod manllcment practices. mllerills. equipment, or work.
'. R"poll.lbllltles.' th. ENGINEER 4. R.sponslbllltles of thl OWNlR
f.) The ENGINEER .hall be responsible (or lhe (.. The OWNER shall desilnate in writlna a person
ro(csslonal quality. ..chnicll accuracy. timely authorized '0 lei as the OWNER', representative.
ompletton, and the coordination of all desiln The OWNER or itl rtpresen.aUve sh'U receive and
rawtnp, speclficAlions. repons. and other services ulmine documents submill.d by the ENGINEER, I
. ~
--.... --
493
I FmHA lnluucUon 19.Z.A
COllide 20)
P,.e 3
inlerpr.t and *nne thl OWN!Jt '. pollcl" and ren,der payment due to lhe ENGINEER " the lime of
dec.slon. and authorizations prampll, in wrhln,. ' -,rminalion may be acUu.ttd to cov.r any additional
coSts to lhe OWNER becau.e 0( Ibe El-'OINEER's
(b) The OWNER shall provide to the ENOINEER default. If l.rmination (or default I. .fT,cl.d by lhe
full and (r.. accas to entlf upon all ,ropen)' required ENOINEER. or If t.rminatlon for convenience is
for the performance 0( the ENOINE2R'I services e"med by the OWNER. the equiLable adjustment
under this A,teem.nt. ahall Include I reuonable pront for lime.. or other
work performed. The equitabl. adjustment for In)'
5. Ch....'. termination shall provide for payment to the
ENGINEER (or services rendered and expcnses
tal The OWNER may, It any Ume. with prior incurred prior to Ihe terminllion. In addilion 10
approvl' of FmHA, by wrtUtft order make chan,.. terminadon seu'ement COlts reuonlbly Incurred b~
wllhln th. ,ener" SCotti or .hls Alrtement in the the ENOINEER. relatinl to commitments which had
service. or work 10 be ,.normcd. It such chanlel become n,m prior to the termin.don.
caule an incteal or deer... In the ENOINEER', -
cOlt or time required to perform Iny servicIs under (d) Up,on receipt of I lerminltlon aclion. ::rder
Ihis Alrtem..t. whether ornot ,tran,eeI by anY'order. pa",raph. (a) or (b) above. Ih. ENGINEER sha' (I)
the OWNER shall make an equitable adjultment Ind promptly discontinue all affecled work (unless the
modify Ihis Apecm.nt in wrilin,. The !NOINEEJl notice directS otherwise). and (2) deliver or olherwise
musl ....n an, claim ror .dJultm.nt und,r thl. clause make: availabl. to the OWNER wllhln lln nO) days
In 'fritinl .thlnthlny (30) dI,1 Crom the dale it copies of aU cia". desil" drawinll. lpecincations.
receives the OWNER's nOllncation or chinle. unles. repor.s" estimate.. summaries and such other
the OWNER &lanu acIcIhional tlml bllore Ihe date of In(ormation and materials as may hive been
· final p.y....t:- . - . aceumulalld by the' ENOINEER In performln. this
. Alreement. whe'her comp'ettd or in procea.
I
(b) No Hmelt for whleh the ENGINEER will
Char,. an adclllionll compenlltion shin be furnished (e) Upon lerminalion under para.rlphs fl) or (bt
wilhoUI the *rinen au.hatizalion 0( the OWNER.. lbove, the OWNER may take: o\'er Ihe: work and ma)'
6. T.nal...... ., e....... award another pany an Alreemenl to complete the
work under this Alteement.
(I) This Alrtement ma, be termin..ed in whole or (0 "
Jr. ara.r terminallon ror railure or Ihe
in pan in wntlnl by IUber pan, in the event o( ENGINEER 10 rulfill contractual obli,lllons, il 15
substantial rallure br the other pan, to fulfill ill determined thlt the ENGINEER had no. failed 10
obli,ltiona under Ihit Apeemnt throulh no rault 0( luUnll contraclual obUlatlons. Ihe termlnalion shall be
.he termin.llnl piny, provided .hlt no such deemed to hive been (or the convenience or Ihe
terminallon ..., be '"Iet''' unless the other par.y is OWNER. In such event. adjustment of the
.iven (I) not ItIIlb... ten (10) calendar da,s -linen Alreemene price shall be made a. provided in
notice hllllvend br certified ....11. filum receipt p.r..rlph (e) of thl. cllu.e.
rique...." or "t"" '0 ..mat...... and (1) an -
opportunity tor consukalloa with Iht '.rminatin, pan, ,. P.,...t
befote lermlna"on.
(a) The ENQINEER will subm't to Ih. OWNER (or
(b) This A,'lement mlt. be termlna.ed In whol. or services rendered an iltmiled bill showin, chari IS for
in patt in "'ilin, b, the OWNER ror lis convenience. .uch services accompanied by any additional
provided lha. the ENOINE!I I. Itven (I) nOI leu documen"llon requ....d by the OWNER.
thin ten nO) calendar dap .nllen notice (delivered
by centRed mail. ,.Iurn rICtipl tequllled) of intent 10 (b) Plymentl (or ENGINE2RINO SER VICES
lerminale. and (2) 1ft opportunity for consultation durin, the Dcsiln PhuI (Section 8.1 throulh 8.9 of
with Ih. OWNER prior to cmninaltOft. this Alreement) Ire due and payable in accordance
wilh the followift':
Cc) If I~I_ for der.ull Is efFected .., Ih.
OWNER. III equillltle Idjunmtnl In Ihe price I. Twenly nv. percent (25~) or lhe nrm nxed
provided tar in I" Alfle"""l ,halt be made. but C.) prite leI rorth in AItKhment I when f I) the
no amount shall be allowed tar anllcipated prall. on desiln drawinp Ind Ipeciflealions are nfly
unpcrl~ III'YIca or ather work. and (2) In, percent U~) compl.le Ind (2) Ihe
I ,
(Q.U-e3) PH 197
. ,
494
fmHA Instruction 1942.A I
(Guide 20t \ ,
P311e: ..
. . belor. finial payment under this Alreemen. or U a
OWNER. u . potential EP A .rant reCipient, termination senlement under this Alreemen' the
has received an .dvance of IUowance lor ENGINEER shall execute and dellyer to thi OWNER
Project deslln (rom the Sta,e, a release of all claims I.ainlt the OWNER arlsinl
under. or by yirtue of. this Aareement. e"cept. claims
2. Ninet)' Rye p.rcent (95~) of the nrm nxed which Ir. speclncally exempted by the ENGINEER to
price let forth In Altachment I upon be let fonh therein. Unless otherwise provided in this
submislion and acceptance by the OWNER o( Alreement. by Stile law or otherwill expressl)' alreed
desiln drawinll and specincalions In a to by the plrtles to thi. Alreement. Onll payment
condition suitable for blddinl purposes, under thil Alreement or seulement upon termination
of Ihis Alre,ment shin nOI constitute a waiyer of Ihe
J. One hundred percent UOOCMt) of Ihe nrm OWNER's claim. a,ainSl the ENOINEER or hs
fixed price Sit forth In Attachment I upon luretl.s under thil Alreement or Ipplicable
''''Ird of construction contractL . performance Ind plyment bondS,
(() Paymenls for ENOINESRINQ SERVICES (h) F1nal .payment under this Alreement or
lurinl Ihe Construction Phue (Section 8.11 throulh settlement upon ,erminlllon or this Alreement shall"
\.22 or this A.rcemend lie due and paYlble monlhl, not constitute . waiver of the OWNER's claims
lased On percent fatlOlld.ntical'1o thai. .pproved by a.alnstth. ENGINEER under Ihis Alreement.
he EN01NEER IS a basis upon which 10 make plnial I
'1)'menIS 10 the contrlCtor(s). I. ProJtet Deslln
(d) P$)'menls far ENOINEERINO SERVICES (,) Unless otherwise approved by the OWNER and
uran, Ihe Operation Phal. (Section 8.14 throulh B.' FmHA. Ihe ENGINEER Shall speelry materials.
, of lhls Alreem.nd arc due and p~ya~le m~nthly equipment. and processes' which are readily ayailable:
JSrd on one I.W4&fttr (1/12) of the nrm Oxed pnce set throulh com letiliye procuremcn, Ind consistent with I
mh in AllachmentlJl. EPA and Fm ~A relulalions,
Ie) Plrmenl (Of ADDITIONAL ENGINEERINO (b) Where this Alreement exceeds 5100.000. the
ER VICES (Section C of this A,reement) performed ENGINEER shall comply with all applicable standards,
, accordance with this Alreement lie due and orden. or requirements issu.d under section 306 of
)\'able in accordance wllh thl rollowlnl: th. Cleln Air Act (42 use 18S7(hH. "~Iion 508 of
. th. Clean Wa"? Act (JJ USC 1368). Executiv. Ord.r
I. Monthly partial paymentl ror nrm Oxed price 11738. and EP A reaulations (<40 CFIl Part I') which
Resident Project Inspection based on percent prohibit the awardin, of nonexempt Federal contracts.
ralios identical 10 tho.e approyed by thl ,rantl. or loans to facilltles included on EPA's List or
El'GINEER u a basil upon which to make Violatlnl Facilities. The ENGINEER will report
partial payment. to Ihe conulctorh). or yiolatlonl.lo the EPA. .
2, One hundred percent (lOCNI) o( the nrm Cc) Project desiln crherla should be consistent with
Oud price upon completion and acceptance the criteria set forth in the Facillties Plan that meets
by Ihe OWNER of . completed the requlremenll of .0 CFR Part J5.
ADDITIONAL ENOJNEERING SERVICE.
except u provided In 1 lbove. Of t. Au.U Ind Access to Recordl
lOne hundred percent (JO()IM,) or monthly (a) The ENGINEER shatt maintain bookl. records.
Cost Plus Fixed Fee or Per Diem invoices, documents. and other evidence directly pertinenl 10
performance on work under thil Alreement In
10 !'IIo payment request mlde under this claul' accordance with .en.rally accepted accountin,
.all exceed the eSlim.lId amount and yalue or the principles and practices consislently applied, and EP A
)rk and services performed by Ihe ENGINEER and FmHA reaula,ions In effect on 'he dale of
1der Ihis Alreement. The ENOINEER shall prepare e.ecution of Ihis Alreemen.. The ENOINEER shall
e UllmallS of work performed and Shall supplement also maintain the financial information and dati used
em wilh such supportinl data IS the OWNER may by th. ENOINEER in the preparlllon or supPO" of
~ulfe. the cOSt submission required under EP A re.ulatlons ~
In elTecl on the date of lXecutlon ror any ne:lolilll:d
'It t:pon saUsfaclory completion of Ihe work a,reement or amendment Ihereor and a copy o( the
,(armed undcr this Aarcemonl. U 0 ..andlllan <01. summ.ry SUbm:"cd '0 .h. OWNER. The EPA. I
495
I , FmH" Insuuclion 1942.,",
(GuIde 201
Pile ~
the FmHA. the Comptroller Oeneral of the Unlt.d 10, S.bcoalnets ..
Stiles. the U.S. Departmel\t or Labor. OWNER. and
the Sial. .I,er pollutton conlrol apnc1 or any or th.ir (a) Any subcontracton and outside usoclates nr
duly aUlhorlud rt"'Mftt..t~.. shin have Iccess to consultants required by the ENOINEER In connection
such books. records, document.. Ind Olher evidence with services under 'his Alreement will be limiled to
for inspealon. audit. and copyinl durinl normal such Individuals or nrms u were specifically identiOed
business hours. The ENOI~EER will provide proper and II reed 10 durin, ntlotiltions, , or u the OW7' ER
faclhues Cor such ICe... I"d inspection. speclReally authorizes durinl the performance of this
(b) The ENalNEER alreel to make paralraphl <a) Alreement. The OWNER must live prior appro\'al
for any substhutlons. additions or deletions to such
throulh (0 ."IIaWe to aU Ilreem.nts it awards in subcontractors. lIIociltes. or consLlllants.
ClceD o( S 10.000. at an)' tier: and 10 mike paralraph.
(a) throulh (0 01 thi, clause applicabl. 10 atl (b) The ENGINEER may not subcontracl luu\'ic:es
amcnamenls direal)' nlalld to Project perrormanc.. in axe.st or thlr., (30) percent or the contract Plitt 10
lubcontractor. or consultants without lhe O\\1'ER '$
(d Audia. conducted u"der lbl. provision shall b. prior written approval. "
in accordance with 1I",,:r,",- acc.pt.d, 'uditln.
standlrds and established procedurel and luidaline. of (c) The ENGINEER shall ~ompl)' ~'ith tht
the rcviewinl or audit ,.enc).tles) and lhe Oeneral provisions or 40 CFR Pin n. Subpart B, Seciioll
Accounlinl Omee. 33.295. when subcontractin, (or services performed
. under thil Alrtement If procured after an Iward of iln
(d) Th. ENGINEEI a,re.. to disclose all EP A Ifant ror this Project,
. information and rcpartl nlu'lint rrom acce.s to .
record. 'U.tTpanpaphl (a) and (b) or ihis clau.. to 11. Insurance
an)' o( the a..ncia referred 10 In paralraph (a).
I (e) Records under parapaphs (a) Ind (b) .bove. The ENGINEER rurther Ilrees to oblain .nd
Shall be maintained and made Ivaillble b)' the mantain. It Ih. ENGINEER's upense. such
E~(jJNEER durinl performance or services under this insurance u will protect the EN01SEER (rom damlS
Alreeme"t and ror three (J) )'un from th. date 0( under. the Workman's Cumpensalion "ct and such
final Federal usiltlftce 'I)'ment to lhe OWNER for ~ompretlF.nsive lenerll li'bUIl)' Insurance as IlIB
she Project. In addilion. those records which rell.. 10 protect the OWNER and the ENCiI~EER frem all
any controversy arlsln, under this Alfcement. claims for bodily injury. death. or pro p.m' dams,e .
litilation. the ..t1l.m.nt of claims arisin, OUt of such which may arise from the performance l') Ih~
penormance or to costs or him. to whiCh an ludlt ENGINEER or by the ENGINEER's emplo)ees of the
exception hat been take" shall be maintained and ENGINEER's fun'lions and lervices required under
made Ivallable br the INGINEER until three (J) this Alrelment. .
year. alter the dall of resolution of such appell,
liul,don, claim or elception. 11. EquII Employment Opportunity
(0 This rllht or .cee.. clluse applies &0 nnancial The ENGINEER shin comply with Eltecuti..'e Order
records pentininl to ,U qrltments (except (oonall, 11246. entitled -Equal Employment OpPorlunh)': as
advertised. competitive., '.&felld. Rxed ,rtcl amended by Eucutfvt Order 11315, and IS
a.reemenls) and all .....ement amendments re,artlless suppl.mented in Department of Labor relutations oS I
or the t,pc or allume"I. In addition this rllht o( CFR Part 60.
.ceell .pplles to all records perlainin, to III
"rcements and ...menl ameMmen...: 13. Small. Mlnorlt,. Ind Womtn'J BUlln.1S1S
I. to the extent the ruords penaln directly to The ENGINEER ..rees to lake affirm.tive Stet's I"
Alreement pedormance~ or .,sure that small. minority, Ind women's bUSlnessc!~
2, If there is any indication lhat fraud. ,rOil lie utilized when possible u souree. of supplies.
abuse or corrupt praalces mar be involved: equipment. construcllon and services. Amrmatl\t
or SliPS shaUlncludc:
3. It the Alreement is .ermlnlled for default or fa) Includlnl qUIUned Imall. minority and IlClmen"s
for con~enience. businesses on solicitalion UIIS.
I . I
496
FmHA In,uuction 1942.A I
f,Qu,de :0) t
Pase 6
(b) Assurina thlt small, minority and Vlomen's cost. the ENGINEER incurs In provldlnl any such
businesses .fe solicited whenever they He potential 'f.tultles to any such officer or emplo,ee.
sourtes.
(c) When economically 'easible, dlvldlnl total .1, Co"nlnt A._In.' Cantln,.al Feet
requirements Into smaUer tuks or quantities so u to The ENGINEER assures that no penon or sellin.
permit maximum .maU, minority and women's .,.ncy hu been employed or retained to sollch or
bUSInesses panicipatlon. ..cure this Alreement upon an a.rcemcnt or
understandln, ror a ' commission, perCentl.c,
(d) Where th, requirement permits, establlshinl broke,.,e, or continlcnt reel exceptlnl bona Ode
delh ery sthedules which will cncourll' panlclpatlon employee. 01 bona nde established c:ommercial or
b)' small. m",ority and women's businesses. Mlllnlllendes mllntalned by the ENOINEER for the
. pUI'1'O.e of IIcurinl business. For breach or violation
(e) Uslna the serv'~es Ind wlltlnce of the Smlll of this assurance the OWNER shall hIVe the rllh' to
BUSiness Adminisuatioll and the Minority Busln", annul thi. A,reement without IIlblllty or, a, its
De\'elopment Alency of the D.panmcnt of discretion, to deduct from the contrle' price or
Commtrce. consid,ratlon, . or otherwise recover. the rull amount"
.. ". , ot such eommillson. percent.... broke"I', or
... DI.. .nll Caprrl,htl contlftlent t.es. ,
This Alreement I. subJ.ct to EP A requirements and 11. Co.t of Prlclnl Data
r~lulllions pert.lnln, to copyrl,htl and rl,hlS In data Tbe ENOINEER and its subcontractor(s) assure that
contaIned in 40 efR Part 30, which cov.rs It.ms such Cost and piic:inl data submitted for evalultion with
15. research. ~ve'opm.ntal, experimental or respect to nelodation . of prices for neaotiated I
demonstration .work with respect to any discovery or I.reements, lower tier sub....eem.nts, or amendments
1O\'C:llIon which arises or is developed in the count of are blsed on current. accurate, and complete data
or under this Alreement. supported by their books and records. If the
OWNER. EP A or FmHA determines thlt any price
U. Gr.tultles (Indudln, prond n.,otlated In ~nnection with this
A,reement., any lower 1I.r lubl,reement, or an)'
(a) If lhe OWNER Ands .ne, a notice ind hetrin, amendment tereundlr wu increued by Iny
that the ENGINEER 01 an, of th. ENGINEER's ,Ianincant su s because the data provided was
altntS or represent.tives olrered or live .ratuitie. (In Incomplete. Inaccural', or not current at the time of
Ihe form of enlertainment, ,11\1, or othe,...ile), to In, submission. lhen such price or cost or prolll shall be
llfficlal. employ.e, or lIent of the OWNER, the State, reduced accordln,ly, and th'. Alreement shill be
EP.~ Or fmHA In an attempt to secure this modified in writin. to reneet such action. Failure to
~Ireemenl or r.yor.blt treatment In awardinl, altee on - reduction shall be subject '0 the Remedies
amendin. or maklnl any determinations related to the clause of this Alrecment.
petiormance o( this Alfeemerll. the OWNER may, b, U. RIIDHI.I
~rillen notice to th. ENGINEER. terminale thl,
.~.reement. The OWNER may also pursue other Unless otherwise provided In this Alreem.nt. .11
nlhls and remedies that the law Of this A.....m.nt
ClrO,"ldes. However, the .xlstence or th. facti on claim.. counter-cl.ims, disputes. and other matters in
'Ahic:h lhe OWNER buel such RndlnlS shall be in question betWetn the OWNER. and the ENGINEER
Issue ;and mat' be reviewed in procecdinlS under the arisin, OUl of or relalinl to this Alreement or the
Remedies clause of thiS A,reemenl. breach or it will be decided by arbitration If Ihe parties
mutually I,ree, or In a court or competent Jurisdtetion
CbS In Ih. even, this Alfeement I. torminated u "'ithin the Stile in which the OWNER I. located.
~rt)\'lded in panlnph (a), the OWNER may pursue
the same remedies ..un., the ENGINEER u It could 19. Ene,.r Emcltncr
pursue in the event or . brach or the Alleem,nt by The ENGINEER shill follow mandatory standards and
the ENGINEER. As a penalty, in addition to In)'
othcr damales to "'hich it may be .ntitled by law, the policies relIC in, to cner., .mcienc:y which Ire
O\\~ER mlY pursue exemplary clemallS in an contained in lhe Slale enerl)' conservltioll plan laued
amount <as determined by th, OWNER) "hieh .hln in compliance with the En,rlY Policy and
be not less than three nor more th... ten timet the Conserva&lon Ace (P.L. 94-16,)). I
I
.
.
,.--.--,---,.~ '.
497
FmHA tnslruction 1942-A
IOu.de 20.
I Pale 1
..
20. A...raace A,ala,. Dt~ann.nt EP A or dclel.~ed State IS appropriate. shall
The ENGINEER mur.. ihlt nchher it nor any or its revise desiln criteria. desiln standards.
treatment pronss silin, and other appropriate
subcontractoQ Ire suspended or debarred by EP A or preliminlf)' desl,n information Included in
FmHA. the Facilities Plan or other preliminary
SECTION B - ENGINEERI~O SERVICES enllnetrin. ,reports in order to complete the
. nnal desi.n for the Project in Iccordance with
The ENOINEEJl the performance standarc:b and Iccepted
shall furnish ENGINEERING enlinecrinl prl"ices.
SERVlCES u follows in. accordance with ,he
GENERAL PROVISIONS or the Alreement and IS 4, The ENGINEER shall allis, the OWNER in
au'horiled b, th. appropriate An,chment '0 this obtlininl necessary permits Ind approvals
A,flemlnt: ffom appropriate Federl). Statl. and lonl
r1lulltor)' a.encies. The cost or obt"nina
EallaHrlnl 5,"lctt DllrhI. .h.-blllln Phi'. such permits and approvals shall be borne by
the OWNER.
I. The ENOINEER shall compl.tl the !
ENOINEERINQ SER VICES described In 5. The Contract Documents' furnished by the
. Section 8-1 throulh 8-' described herein ENGINEER under Section B.2 shall utilize
within , 4 0 Cllendar da)'s from ,he . FmHA.endorsed construction contract
. date or .rinen authprivtion to proceed documents..
.untdl otherwise mutually a.reed'Io in writinl
by bolh parties. Any .upponinl 6, Prior to Ihe advertisement for bids. the
documentation or revision. re.ardin. Ihe ENGINEER shall provide for each
ENGINEER., servlees under Ihis A.reemenl construction contract to be awarded by the
nICe,nary to obtain the appronl or FmHA. OWNER. len (10) copies or detailed desiln
I EP A and III Stltl relulatory alencies will b. drlwin.s. speclOcationl, and contract
provided promptl)'. dorumen,s for use by the OWNER and
"Ppropriaae Federal. Slate and locll _,encies
2. The ENGINEER shall perform the necessary from ...,ham appro\'.1 of the Project must be
deli.n lurveys. accompliSh the dellilcd obtained. Addhional copies or the above
deal,n of the Projec:l, prepare contract spec:iOed documents shall be provided '0 Ihe
documenlt lncludlnl dlsiln drawlnls. Q\VNER by lhe ENGINEER at production
spldl1cations and invitations for bids, and cost. Orilinals or such items IS documents.
prepare a nnal opinion o( prObable Project survey nOles. and. tracin.s. prepared b)' the
eDit bUld on the Onal desiln o( the Project. ENGINEER are and shall remain the
Th. desiln drawin,. prepared Shall be in praperl)' of Ihe ENO'lNEER. but Ihis shall in
sufficient de.ail to show the chlrlcter and no wa) in(rinle upon Ihe O~ER 's nlhls to
extent o( the Project Ind to permit thl aCIUII such items under Section A.6(e).
loeation 0( the proposed improvtments on
the Project she. It I. 1'10 understood that if 7. The ENGINEER shall establish baselines (or
subsurface laploratlons luch IS borin,.. or locllinl the work tOlether with I SUitable
soil lelt. arc required 10 delermine amounts number or bench marks adjarent to the work
of rock taClvatiOft or foundation conditions, and sho~ lhelr locltion in the Contract
the ENOINEER will (urnish coordination or Documents, This information and the
said .xplOrltiolll without additional charle. Contract Documents will provide 'he
but the cosu inddent '0 such caplorations. contractor sufficient reference from *hich to
. no malle' whether the, Ire performed by the execule the contract work. The ENGINEER
ENQINED or by othen shall be ,.Id for by il not obUpted 10 set construction trade
the OWNER u Inclle.lId in Section C and III Itakes (or the con.truction of the Project.
out in AUachnent I.
I. The ENGINEER shall prepare and rurnish to
3. The ENOINEER shill review th. Facilities lhe OWNEk three ()) copies o( mlps or
Plan prlplred 'or this Proje~, and. if dra~inls showln, the approximate locallon of
necessar)' and upon consullltion with and needed conslrurtion easements. permanent
concurrence or the OWNER. FmHA Ind easements. rilhts.or-....I). and land 10 be
I
498
'II1HA InstruCllon 1941.A ,.
(Quid. 20) I
Pile I
acquired. Such maps Ot drawin" shall be 16. The ENGINEER shall provide leneral
furnished promptfy to enable the OWNER to enlineerinl review of the work or the
initiate propert, Ind easement .cquisition.. contractors a5 construction pro,resses 10
9. The ENO.NEEA lhall, prior to completion of ascertain that Ihe contractors Ire conformin,
with the desl,,, concept.
ninel, (90) porcent of Ih, Desian Phase
servic:e prepafe and l'urnlsh to the OWNER 17. The ENGINEER'j undertakin. hereunder
In cat/mite tor total compensation to be plid
the ENGINEER ror providlnlthe scrvlus, to shan not relieve the contractor of its
be performed In the Conltructlon Phase and obJi,ltion 10 perform the work in conformity
Operation 'hasc. with the: Contract Oocments and In a
. workmlnlike manner: nor shill It make the
10. Sectlon .... throulh 8.' and those ENOINEER an Insurer of th. contractor's
ADDITIONAL ENOINEERINO SERVICES performance; and shall not ImposI upon the
desilnated for th. Des'," Phase in Section C ENOINEER any obli.atlon. to lei that the
work is performed in 1.lr. mlnner. .
will \ate effect upon .,xecutlon of Atllchrnent ..
I. .
'1. The ENGINEER shall review each
EDllnHrln, S,nlcts Durla, tb, Construttlon contractor's applications for proaress and nnal!
payment. and submit sufficient copies or
PbaSt same to the OWNER with the ENGINEER's
II. Performance or the services requested durin. recommendation ror approval or disappr:ovII.
- thitJhase will be initillcd. b,.~he EloIGINEER .
promptly uter execution of Attachment II '9. The ENGINEER shall prepare necessary
and the OWNER, with the concurrence of contract chanle orders for appro".1 of the
FmHA. iuues a wrinen authorilllion to OWNER. fmH^ and others u rcquired. I
proceed.
12. The ENOINEER _hili .uend the bid opcnlnl 20. The ENQ INEER shall mike an Inspectlon
and tabulate the bid proposals. analyze tile ,pr~r to issuina the ce"lncate of substantial
responsiveness of the bidders and make co pie lion of all construction and submit a
recommendl&ions for a..rdin. contrlct(s) for wriuen report to the OWNER. FmHA and
construction to the lowest responsible. others I. required.
rupantlvc bidder.
13. Upon .\lIard of each construction contract. 21. Prior to SUbmission or recommendation ror
Anal . . each contract. the
the ENOINEER shall furnish to the, payment on
OWNER. for each contract. ..., (not teu ENGINEER shall lubmit I ccninclle of
than seven) sets or the desian drlwln,s, substlntill completion of work done under
Specifications and contract documents ror Ihal contract to thc "OWNER. FmHA and
execulion by the OWNER and contrlctor. others u required.
Additional copies or tuch contract documents
, shall be provided to the OWNER b, the 22. The ENOINEER shall provide the OWNER
ENOINEER 1& producdon CDlt. with one set of reprodUcible record (al.built)
drawinls, and two setl or prints. Such
14. The ENOINEER shan review and approve, drawin&' -ill be based upon the resident
for conCormanct with the desiln concept all project inspector's construction dltl and che
ShOp cttlwinp and other submittals required construction records provided by Ihe
b, the ConlllCt Documents to be Curnisheci contrlc:tor durinl conslfUCtJon and reviewed
by conUlClDn. by the resident lnlpector.
15. The ENGINEER shall interprel the intent or 23. Section B-Il throu,h 8.12 and thOle
the desian drawln.. Ind spclciRcationJ to ADDITIONAL ENOINEEIUNO SERVICES
protect the OWNER a..inst defectS and desilnlled for the Construction Phu. in
deficiencies in conslNetion on the pan of the Secdon C will lake effect upon execution of
canuaclors. Attachment II.
.
I
. I
499
\ FmHA Instruction 1941.A
(Quide 20)
Pale 9
I t......rI.. Senittt Dart_I tile Open"o. Ph... actlvlti.., pusin, inronnltion between
the ENOINEER Ind contractor.
,.-,;e-;nl of' contractor's request for
24. The ENGINEER shall direct the nrst )'ur's proaress plyments, inspecttn, of
opention of tbe Project and revise' the completed work for compliance with
open,lon and muntenancc manual for thl Contract Documents and keepinl of a
Project u ntcUllry to accommodate t'ual daily dl.ry pcr FmHA requlremenu.
operatiq elperience. Performance 01 thl. service will nOI
. .uarantee the contraclor's
2'. The ENOIN!!l ,hall provide to the performance, but It endelvors to
OWNER monthl, operation repORt on the prottet the OWNER IllInst defccts
pcrfotmll\ce or the Project. and deficiencies In the Projecl and
IHOIH1EJ\ shall tnin operatinl v.nr, complilnce with the conuact
26. The Documents. Period of servic:e for
personnel and prepare curricula and "ainin, .. calculatlnl compensation will be the
mat.rial for operati... person"el. . lon,est coftllrucdon CORUUI
... - . completion time bid plus (ahlrty) 30
27. Eleven .(1 U months after the initiation 0( the da,s.
Project opentlon the ENOINEER .halladvi. D
lhe OWN Ell In w,hlnl whether the Project 2. Preplre site lurveys for , sewlle
. meetl th. project connanCl standards u .treatment work.. dams. reservoirs.
defined in 40 era an lS Subpan I. ' and other similat .pecial surveys u
. 21.-5etttl5fl B-Z4 throUlh '1-27 . and lhOM may, be..required.
ADQITIONAL ENGINEEIUNO SER \1CES 0 3. Conduct labor'tory tests. well tests.
dcslpated ror th. O,.rltlon Phue in Section borinlS. and specialilld leolo.icll.
C will like elfecl upOn execution of lOiI.. hydraulic, or other studies
Attachment Ill. recommended by the ENGINEER.
Seaion C · ADDlnONAL ENOINEERING D. 4. Preplre property surveys, detllled
I SEa VICES .. descriptions of sites, maps, drawinls.
or eSllm.... rel,"d thereto: uslsl in
The followinl d~.tecl ADDmONAL neloliltinl for land and easement
rilhts.
ENOINEEIUNO IDVl shall be provided by lh,
ENOINEU upon written authorization br the D,c;=,O $. Appear before courts or boards on
OWNER. and concurr.nce of fmHA. ApHd upon matterl or litilltion relaled 10 the
AOOmOHAL INOINIWNO SERVlCE5 win be project.
delilftlled .., Deli... P'" (D), COGItnactlOft Phue
(C) or Opera&ioftl P.... (0) duri... which lhe service C 6. Alsllt with a user chlr,e system.
would be performed. eo........tioa for performln.
the ct."...... ADDmoNAL ENQINEERINO fa) De.iln a UHr c:harle s)'stem to
SERVICES will be Included on A".ehmenl I, produce adequate revenues required
Auachm.nl U, or Altachmlnllll. for the operalion. mainten.nct and
repllc:emenl or the Project that meelS
PlaUt appliuble EP ^ requirements. or
C I. Provide Ilaident Projtcl InspectlOft. (b) Demonstratl that the exlstlnl
The ENGINES .....1, prior to tbe user char.c Iystem meets .pplicable
prtCOllllNClion confer.ace, lubmlt I 'EP A requirements.
fllume fII ,he '....nl inspeCtor.,
quallRcaalona. Mltleipat.t dulles and D 7. Aulst with sewer use ordinances.
responslbltltla for a~OVal by the
OWNER and Fm A. Resident (a) Prep',e a sewer use ordinance
Insplcd. iDeluda dleckln, Un.. and or other lepUy bindln. document that
,rad.., tea"", records or 1\&11 meets applitlbl. EP." requirements.
mealuremenll IIId the contractor'. or
. i
(9-21-81) PN 897
I
500
t-mHA InllrUClion 1941.A
\Ouidc 20) ,
Pllr 10 I
. I
(b) D.monstrate that the txlstin. NA 10. Conduct value enlineerina or the
sewer use ordinance meet. applicable Project desian and prepare I report
EP A requiremenll. that meets applicable EP ^
C requiremcnti.
I. Prepare an operation and maintenance
mlnual that meets applicable EP A o,e II. Prepare a dr.n plln of operation that
requiremanls before the c:ansaructlon meets applicable EP A requirements
of the project is 90 percent complete. ror submission 10 EP A with the Irani
NA 9. Prepare a sew.r system evaluation and appliCltion and a Sltlsractory nnal plan
br operation for submission to EP A
innhr.donllnOow Inalysis. Perform. before nfly (50) percenl or the
study thlt meets applicable EP A construction or the Project is
requirem.nts of th. sewer s,stem to complete.
determine the quantity or Ilcesslve NA
inlillrltlon/innow and propose . sewer 12. Provide construction Itakln, services.
rehabilitation pro.ram th.t meetl . "
applicable E'", 'requirements 'to NA 13: Oth.r CaUlch dennhlon).
eliminate the portion or Inliltration
Ind inOo.' that ,. excessive, I
.
SECTION D . SPECIAL PROVISIONS
. --- . .
. l:.....A;;y reference in this Agreement to "Approval by FmHA" or its
likeness shall be deleted.
2. Section B, Article 5, relative to FmHA-endorsed construction'
contract documents shall be deleted. I
't
The work as project coordinator will include but may not be limited
to the following:
. Coordination of monthly progress meetings.
. Coordination of bidding and'updates to the 201 Plan
. eo~rdination of any interface points between the wastewater
line and WWTP, 'designs.
. Maintain overall financial tracking of the project during
construction.
. Coordination of regulatory approvals.
. Coordination of COmbining 0 & M Manuals into one set of
documents.
.
. I
I
--
SOl
FmUA InStruction '~.L\
(Q uide 20)
P.,e II
I ATTACHMENT I · C..ft....... lor E.,I..rlB, Senlcet Dartal .... Oftl._ Pbut
1. As set forth in tile AOR!EMENT FOR ENOINEEIUNO SEk V1CES dated the \ 1.1b.
cia)' of -S ~\'1 . 19 C\o , b, and bitYrten , County of Harnett
Ihe OWNER. and Ma~o ~ MiQ;ar. ~ a
, the ENOINEER, the OWNER and ENOINEER
llree this cby of .19 . that the OWNER shall compensate the ENGINEER
for services ducribed In Section ... throulh 8-9 and Section C destplted Deslln Phase services.
2. Compensation (ot ENOIN!ERINO SER VlCES shall be by a FIRM FIXED PRICE METHOD. The FIRM
FIXED PRICE il: .
138,600.00 . . ..
S ,
1 Compensation for ADDITIONAL ENOINEEIUNO SERVICES. shall be by . FIRM FIXED PRICE METHOD.
COST PLUS FIXED PEE METHOD or In exceptional clreumnances PER DIEM METHOD (ot each Individual
AQDITIONAL ENOINE!R.INO SERVICE. An Exhibit to this Attachment describes. for each ADDITIONAL
ENOINEERINQ SERVICE, the FIRM FIXED PRICE AMOUNT. COST PLUS FIXED FEE COlt summary or
PER DIEM COlt tthedule and COlt .ummary. The tolll amount o( compensation ror ADDITIONAL
ENOINIElUHQ SERVICES .118I1 not ext'eed: .
30,000.00 .
S
4, The amount of compensation shall not than,., unles. the scope o( services to be provided b)' the ENGINEER
chan,es and this AII'ecment " (ormall, amended Iccord'nl to Section A.5.
!. Si,natures ..
I IN WIllIESS WHEREOF. the parties hereto hive e~eeuted. or caused to be executed by their duly luthoriled
officials. thit Alrelment in dUpUCll1 on the respective dates Indicated below.
OWNER:
A nEST: 8, .
Type Him. Type Name
Title Title
Date Dice
/k~ I ///~/~ ENGINEER: ~ I... ..
A liEST: ' 8y " -A:/Lu '~"&-;~<J...I ,
Type Nlme HIRAM ct. MARiRNo Type Name F.VAN R. MINIER1
Title Secret.lTv Title Pr~a ~ ~cu~..
Date j- \ z.- <::10 Date ,-\'2.-q D
,.-
APPROVED:
FARMERS HOM! ADMINISTIlA liON
8y N/A
Type Name
Title
Date
. ,
(9-21-83) PM 891
I
502
I
I
Exltlbit 1..
,Additional Servi,~es Durino Deaion Phase
The following additional services will be performed during the
design phase on a cost plus fixed fee basis:
Fee Not to ~ceed
1. Site surveys for the
WWTP site including
property survey and maps $15,000.00
2. Environmental and
archaeological surveys $10,000.00
3. Subsurface investigations $ 4,000.00
4. Sewer Use Ordinance and
plan of operation $ 1,000.00
5. Project coordinator _no charo't
TOTAL $30,000.00 I
I
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503
EXHIBIT B FmHA Instruction 1942-A
(Guide 20)
I AGREEMENT FOR ENGINEERING SERVICES
(FmHA/EP A Jointly Funded Projects)
TH1. Alreement. mlde this 6tp day of Julv . 19 90 by and between
r.nunty of Harnett . hereafter refened to as the OWNER. and
DEWBERRY & DAVIS . hereinafter referred to IS the ENGINEER:
The OWNER intends to construct I Project consistinl of Interce: .Jrs for the proposed
Northeast Harnett County Regional Wastewater System. The interceptors will consist
of apnTnx~elv 50.200 L. F. of 21", 18", and 15" lines. which will extend from
___~hD ~Tn~nA.~ vAAtewAter treatment n'~nt near the confluence of Buies Creek and
the Cape Fear River, along Buies Creek to the existing Buies Creek-Coats Wastewater
---Ireatment Plant. Also interceptors will extend from the confluence of West Buies
Creek and Buies Creek. alon~ West Buies Creek to An~ier. Modification of Angier's
existin2 influent Dumc station for pumpin~ to the West Buies Creek interceptor.
in Harnett County. State of North Carolina . which may be paid for in pan with financial assistance
Crom the United States of America actins through the Farmers Home Administration of the United States
Department of Alriculture, hereinafter referred to as FmHA. pursuant to the Consolidated Farm and Rural
Development Act (7 USC 1921 tl Stq.). and throulh the United States Environmental Protection Agency.
hereinafter referred to as EPA. pursuant to the Clean Water Act. as amended <33 USC. 1251 rr srqJ. Neither the
United States nor any of its depanments. Ilencies. or cmplo)'ees is or will be a pany to this Alreement or any
I subalreemenl. Thc ENGINEER alrees to perform the various professional engineering services for the design
and construction of Slid Project in accordance with the provisions of tl.:s Agrcemenl.
CONTENTS
.
SECTION A - GENERAL PROVISIONS SECTION B - ENGINEERING SERVICES
l. General Engineerin. Services During the Design
2. Approvals Phase
J. ResponSibilities of thc ENGINEER Enlineerinl Services Durinl the
4. Responsibilities of the OWNER Construction Phase
S. Chanles . Enlineerin. Services During the
6. Termination of Contract Operation Phase
7. Payment
8. Project Design SECTION C . ADDITIONAL ENGINEERING
9. Audit and Access to Records SER VICES
10. Subcontracts
II. Insurance SECTION 0 . SPECIAL PROVISIONS
12. Equal Employment Opportunity
13. Small. Minority and Women's Businesses Attachment I . Compensation ror Engineerinl
14. Data and Copyri.ht Services Durinl the Design Phase.
15. Gratuities Attachment II - Compensation for Engineerinl
16. Covenant Alains! Continlen! Fees Services Durinl the Construction
17. Cost or Pricinl Data Phase.
18. Remedies Auachment III - Compensation for Enlineerin,
19. Ener.)' Efficiency Services During the Operation
20. Assurance Apinst Debarment Phase.
(9-21-83) PN 897
I
504
FmHA InSIrUClion 1942.A
(Guide 20)
Pile 2
SECTION A. GENERAL PROVISIONS I
1. General furnished by the ENGINEER under this Agreement.
If this Agreement involves environmental measures or
(a> This Agreement represents the entire and data generation. the ENGINEER shall comply with
integrated Agreement be!ween the OWNER and ,he EPA qualilY assurance requirements in 40 CFR
ENGINEER for the Project Bnd supersedes all prior 30,503, The ENGINEER shall keep the OWNER
negotiation~. representations or agreements. either informed of the performance of the ENGINEER's
written or oral. In Ihe evenl Inr pro\'isions of this duties undcr this Agreement. The ENGINEER. shall
Agreement or any subsequent addendum shall be held promptl). and without additional compensation. correct
to be invalid and unenforceable. the remaining or revise an)' errors. omissions. or other deficiencies
provisions shall be valid and binding upon the parties. in the desilZn drawings. specifications. reports. and
One or more waivers b)' cither part}' of any provision. othcr services.
lerm. condllion or covenanl shall nOI be construed by
the other pari)' as a waiver of a subsequent breach of (b) The ENGINEER shall perform the professio tal
Ihe same b)' Ihe other pam'. The General Provisions services necessary to accomplish the work specified in
of this AlEreement supersede any connicting SPECIAL this Agreement. In accordance with this Agreemt:nt
PROVISIONS. and applicablc EP A requirements in effect on the datc
0' execution of the EPA assistance agreement for mis
(b) The ENGINEER will cocperate and work Project.
closely with FmIlA. EPA and State repre~entatives.
Cd The OWNER '5. FmHA .s. or EP A's review or
Cd The ENGINEER will attend :onferences and approval of design drawinas. specifications. reports.
public hearings with the OWNER.r:'presentatives of and other services furnished hereunder shall not in
FmHA and EP..\. or other intere!-Ied parties and any way ~elieve the ENGINEER of responsibility for
provide asslsta,\Ce in connection with such the technical adequacy or the work. Neither the
undertakinls as ma)' be reasonablv necessary in OWNER's. FmHA '5. nor EPA's review. approval or
connection with this ProjCCI. acceptance of. nor payment 1'0. iin? or the services
shall be construed 15 a waiver of any :-ighls under this I
2. Apprnval!li Agreemeht or of an)' cause of action arisina out of the
performance of this Agreement.
(n) This AtlT'.:~mcnt Cih.III nOl beenrr ~ effective until
approved b)' rmHA, Such appr Ivai shall be (d) The EI'\GINEER shall be and shall remain
~videnced h}' the "flnature of it ' Ily authorrzed liable. In accordiIDce with applicable law. for all
represcmall\c of FmHA in the space ~ovided in the damages to the OWNER caused by the ENGINEER.s
Allachmenls 10 this Agrccment. The a proval shall in negligent performance of any of the services furnished
no wa)' commil FmHA to render fins cial assistance' under this Agreement. except for errors. ommissions
to thc OWl'OFR, FmifA is without II bility for an) or other deficiencies to the extent attributable to the
paymer.t hereunder. but in the event such assistance OWNER or OWNER.-furnished data. The
is provided. the "pproval shall signify that the ENGINEER shall nOI be: responsible for any time
provisions of this Agreement are consistent with the dclays in the Project caused by circumstances beyond
requirements of FmHA, the ENGINEER.s control
(b) Review or a~prov81 of documents by or for EPA Ce) The E~GINEER's ,)bligations under this clause
or FmHA under: ,is Agrecmenl is for administrative are in addition to the E1\GINEER's other express or
purposes only and'does not rclicve the ENGINEER or implied assurances under this Agreement or State law
OWNER of thcir responsibilities to design. construct and in no way diminish any other rights that thc
and operate the Project as required under law. OWNER may have apinst the ENGINEER for faulty
regulations. permits and good management practices, materials. cquipment. or work.
3. Responsibilities of the ENGINEER 4. RrsponsiblUties of the OWNER
(a) The ENGINEER shall be responsible for the (a) The OWNER shall designate in writing a person
profcssional quality. technical accuracy. timely authorized 10 act as the OWNER's representativc,
completion. and the coordination of all design The OWNER or its representative shall receive and
drawings. specifications. reports, and other services exam me documents submitted b)' the ENGINEER.
I
505
FmHA Instruction 1942.A
(Guide 20)
I PIP J
interpret and define the OWNER's policies and render payment due to the ENGINEER at the time of
decisions and authorizations promptly in Midnl. tprminltion may be acljUlled to cover any additionll
costs to the OWNER because of the E~GINEER.s
(b) The OWNER shill provide to the ENGINEER default. If termination for default is effected by the
full Ind free Iccess to enter upon all propeny required ENGINEER. or if termination ror convenience is
for the performance of the ENGINEER's services effected by the OWNER. the equitable adjustment
under this Alreemenl. Shall include a reasonable profil for services or other
work performed. The equitable adjustment ror In)'
5. CbaDleI termination shan provide for paYf1ent to the
ENGINEER for services rendered and expenses
(a) The OWNER may. at any time. with prior incurred prior to the termination. in Iddition to
appro\'al of FmHA. by wrinen order make chanles termination s.=nlement costs reasonably incurred h~'
within the Icneral scope of this Alreement in thc the ENGINEER relatinl to commitments which had
services or work to be performed. If such chanles become firm prior to the termination.
cause an increase or decrease in the ENGINEER's
cost or time required to perform any services under (d) Upon receipt of a termination action under
this Alreement. whether or not chan,ed by any order. parqraphs (I) or (b) above. the ENGINEER shall (I)
the OWNER shall make an equitable adjustment and promptly discontinue all affected work (unless the
modiry this Alreement in writinl. The ENGINEER notice directs otherwise). and (2) deliver or otherWIse
must as!\ert any claim for adjustment under this clause make available to the OWNER within ten (fa) dan
in writinl within thirty (30) days rrom the date it copies of all data. desiln drawinl5. specificatii ,"So
receives the OWNER's notification of chinle. unless reports. estimates. summaries and such o her
the OWNER lrants additional time before the date or information and materials as may have heen
final paymet11. accumulated by the ENGINEER in perrorminl this
Alreement. whether completed or in process.
(b) No services for which the ENGINEER will
charle In additionll compensation shall be rurnished (e) t:pon termination under paralraphs (a) or (b)
without the wrinen authorization of the OWNER. above. the OWNER may take over the work and ma)'
I Iward another pany an Alreement to complete the
6. Termination 01 Contract work under this Alreement.
(a) This Agreement may be terminated in whole or (0 If. after termination for failure of Ihe
in part in writin~ by either party in the event of ENGINEER to fulfill contractual obli,ation~. .' ill
substantial railure by the other pany to fulfill its determined that the ENGINEER had not failed to
obliJltions under this Alreement throulh no rault of fu 1lfi1 I contractual obliptions. the termination shall be
the terminatinl party. provided that no such deemed to have been ror the con\'enience of Ihe
termination may toe effected unless the other party is OWNER, In such event. adju~tment of Ihe
liven ( 1) not less than ten (J 0> calendar days wrinen Alreement price shall be madc as provide I in
notice (delivered by cenified mail. return receipt paralraph (c) or this clause.
requested) of intent to terminate and (2) an
opportunity for consultation with the terminatinl party 7. Payment
before termination.
(a) Thc ENGINEER will submit to the OWNER for
(b) This Agreement ml)' be terminated in whol~ or services rendered un itemized bill showin, charles fM
in par: in writinl by the OWNER ror its convenience. such services accompanied h}' In)' addition..I
provided that the ENGINEER is liven (I) not less documentation requested by the OWNER.
than ten flo) calendar days wrinen notice (delivered
by cenified mail. return receipt requested) of intent to (b) Payments for ENGINEERING SER VI\:ES
terminate. and (2) an opponunity for consultation durinl the Desiln Phase (Section B-1 throulh B.q of
with the OWNER prior to termination. this Agreement) are due and payable in accordan~c
with the following:
(c) If termination for default is effected by the ,-
OWNER. an equitable adjustment in the price 1. Twenty five percent (25%) of the firm fixed
provided for in this Alreement shall be made. but (I) price SCl forth in Auachmenl I when (II the
no amount shall be allowed for anticipated profit on design drawin,s and specifications are fifl)
unperformed services or other work. and (2) any percent (50%) complete and (2) the
(9-il-83) PN 897
I
506
FmHA InstrUCllon 1942.A
(Guioe 201
Page ~ I
OWNER. as a potential EPA grant recIpient, before final payment under this Agreement or as a
termination settlement under this Agreement the
has received an advance of allowance for ENGINEER shall execute and deliver to the OWNER
Project design from thc Stile, a release of all claims against the OWNER arising
2. r-.iinely five flercent (9~%) of the firm fixed under. or hy virtue of. this Agreement. except claims
which are specifically exempted by the ENGINEER to
price set forth in Attachment I upon be set rorth therein. Unless otherwise provided in this
submission and acceptance by the OWNER of Agreement. b)' State law or otherwise expressly agreed
design drawings and specifications in a to by the parties to this Agreement. final payment
condition suitable for bidding purposes. under this A.greement or settlement upon termination
or this Agreement shalf not constitute a waiver of the
3. One hundred percent (100%) of the firm OWNER's claims against the ENGINEER or its
fixed price set forth in Allachment I upon sureties under this Agreement or applicable
award of construction contracft;. performancc and payment bonds,
kl P;,\'ment" for ENGINEERING SERVICES ' '(h) finai payment under this Agreement or
dunng lroc C(mstructlon Phase (Section B-ll through settlement upon termination of this Agreement shaH
8.22 of this Ag.reement) are due and payable monthly not constitute a waiver of the OWNER's claim~
based on percent ratios identical to those approved by alainst the ENGINEER under this Agreement.
Ihe ENGI~EER as a baSIS upon which to make parual
pa)'mcnts 10 the contractor(s), 8. ProJKt Deslen
(d) Payments for ENGINEERING SERVICES (a> Unless otherwise approved by the OWNER and
dunng the Operation Phase (Section B.24 through B- fmHA. thc ENGINEER shall specify materials.
2i of thIS Ag.reement) are due and payable monthly equipment. and processes which are readily av tilable
basecJ on one twelfth (1112) of the firm fixed price set through competitive procurement and consistent wilh
forth in Attachment III, EPA and FmHA relulations.
tel Pa\"menl for ADDITIONAL ENGINEERING (b) Where this Agreement exceeds 5100.001/, the
SER VICES (Sewon C of this Agreement) performed ENGINEER shall compl)' with all aprlicable stan Jards.
in accorda:1ce with this Agreement are due and orders. or requirements I>>.......; under section 306 of I
PclYilbk 111 accordance with the followinl: the Clean Air Act (42 use 18. 7(h)), se~tion 508 of
the Clean Water Act <J3 use 13blS). Executive Order
I \1onlhly partial paymen!" fnr firm fixed price 11738. and EP A reluiations (40 CfR Part IS) which
Relllorn! Project Insrct:tl'"n baseJ on perr.ent prohibit the awarding of nonexempt Federal contraCb.
fallns idcntical 10 those :Ippro\'ed by the grants. or loans to facilities included on EPA's List ,..r
E~(j I SEr R as a basi~ uron which to make Violating Facilities. The ENGINEER will rer
p:lrllal PU) 1lents to the contractor(s): or violations to the EP A.
~, One llum re-d percent , 100q.;,) of the firm (c> Project desiln criterid should be consistent with
:ixcd "rin: upon comrletion and aCCep!3nCe thc criteria set forth in the Facilities Plan that meets
In 111~ OWNER :11' a completed the requirements of 40 CfR Part JS.
:\DDITIONAL E"'CilNEERING SERVICE.
excepl all provided in I above. or 9. Audit and ACC~5S to Records
3. One hum red percent 000%) of monthly (a). The ENGINEER shall maintain books. rccords.
COli I Plus Fixed Fec or Per Diem invoices. documents. and other evidence directly pertinent to
gerfo~manc:e on work ulder tt.is Alreement in
t 1'1 /'10' p1t)'men request made under this clause accordance with lenera,ly accepted accounting
shall exceed the e .timated amount and value of the principles and practices consistent I) applied. and EP A
work and servIces performed by the ENGINEER and FnlHA r~gulations in effect on the date of
under this \grecmcnt The- E~GI1':EER shall preparc execution of this Agreement. The ENGINEER shall
the eSlimales of work performed and shall supplement also maintain the financial infornlation and data uscd
them with such supporting dat~ as the OWNER may by the ENGINEER in the preparation of support of
require. the cost submission required undt!r EP A regUlations
in effect on the date of execution for any negotiated
<gl Upon satisfactory completion of the work agreement or amendment thereof and a copy of the
performed under this Agreement. as a condition cost summary submitted to the OWNER. The EPA.
~ -
I
507
FmHA Instruction 1942-'\
'Guide: 20 I
Pale ~
I the FmHA, the Comptroller General of the United 10. Subcontracts
States the U.S. Department of Llbor. OWNER. and
the State water pollution control alency or any ''or their (ad An)' subtontractors and outside associmes (l'
duly IUlhorized representatives shall have :lccess to consultants required by the ENGIt\EER in C(lnnc~ti(lr
such books, records. documenls, and olher evidence with servi\:cs under this Alreement will be limiled IC
ror inspection. audit" and copyinl durinl normal such individuals or firms as were specifically identificl
business hours. The ENGINEER will provide proper and alreed to durin, nqotiltions. or as the OWNER
facilities r >r such access and inspection. specifically authorizes durin, the performance of thi...
Alreemenl. The OWNER must live prior a""rova,
(b) Tht ENGI~EER Ilrees to make para,raphs (a) {or Iny substitutions. additions or deletions In suer.
throulh ( ) applicable to all Igreements it awards in subcontractors. wociate5, or cor SUJt:Jnf.;,
excess of' 10,000. al any tier. and to make paracra"hs
(a> throu th (0 of this clause applicable to all ' (b) The ENGINEER mav nOl subcontract scr I~'C'
amendmer IS directly related to Project performance. iri exCr:SS of thiny (30) percent of the contract pm:c t~,
subcofltractors or consultants without Ihe OWNrR....
(c) Aud. ~s conducted under this provision shall be prior' 'rinen approval.
in accordance with lenerally accepted auditin,
standards and established procedures Ind luide'lines of (c) The ENGINEER shall c:ompl~' with Ih\.'
the reviewin, or audit alencyfies) Ind the General provis Ilns nf 40 CFR Part 33. Subpart B. SCl'IIOn
Accounting Office, 33.29: wh~n subcontracung for 5ef\'icc~ pertmmed
under this Alreement if procured after an ..ward ul an
(d) The ENGINEER agrees to disclo~c all EPA "rant for this Project.
information and reports resultinl from acecss to
records under paralraphll (a) and (b) of this clause tl)
any of the acencies rererred to in paralraph (al. 11. Insurance
(e) Records under plra,raphs (3) and (b I above The ~NGJNEER further alrc~s 10 oht..in amI
shall be maintained and made available ~y Ihe !l'antltn, ai, the ENGINEE~. s . expenst'. 'iLU:h
ENGINEER durinl performance of scrvices unrier thh tnsurance as WIll prot~ct the EN( ,IN[:ER from d&llm,
Alreeme"t and for three (3) years from the dale or under Ihe ~orkman s C~m~" .umn Act nnd 'Udl
final Feder.1 assistance payment to the O~Jf.R rOI comprehensIve leneral hablht) I~suranec ,:" \\111
I the ProJect. In addition. those records which rdate to pr~lecl th" O'.VN~~ and the I.N(IINEER lrunl .111
any conlroversy Irisina under lhis Alreement. cla~ms for bodl~)' tnJury, dealh. or "rorcrl~ \Iilll!;l'
litigation. the settlement of claims IriSin. OUI of such whIch mar anse from .Ihe pe~formlJn,,'e h~ th~
performance or to costs or items to which all audit ENGINEER,or by t~e ENGINEER s cmplo~'ecs I Ihe
exception has been taken !thall be maintained and E~OINEER s funcuons and serVIce!'> requIred ! 'I\kr
,made available by the ENGINEER until three (3) th~s Agreement.
yelrs afler the date of resolulion of such appeal,
Jitiaauon. claim or exceplion. 12. Equal Employment Opponur It"
(f) f!lis ri~~t of access clau!le applies to n...ancial The f,NGINEER shall comply ,.'ilh Exel:utivc 'rller
record~ ,ertatntna to. ~Il alreements (except form~IIY 11246. entitled -Equal Employmenl OpPuTluni ...~ .1'
Idverust:d, compeutlvely awarded, fixed price amend~d by Executi\'e Ord:r 11J7~. :IIul iI'>
a.reements) and all alreement amendments regardless supplemented in Department of Lahor rCllulillion'" oJ 1
of the type of alreement. In addition this ! :dhl of CFR Part 60,
access applies 10 all records pertaininl 10 aU
qreemt"~ and alreement amendments:
13. Small. Mlnorit,. and Wom~n'" Bu"i"t'~!if"
1. :0 the extent the records pertain dirt .lly to .
"areemenl perrormlnce~ or The ENGINEER llrees to take affirm.ltve st~'I" lit
assure that small. minority, and women's b"sinc~~c!'\
2. if there is Iny indication thaI fraud. gross are. utilized when ~ible as so~rces of, ~uP"hl:~.
abuse or corrupt practices may be involved: equIpment., construction and servfces. AI firm" I I\\,'
or steps shall Include:
J. if the Alr~ment is terminated for default or (.> Including qualified small. minorit)' and women'...
for convemence, businesses on solicitation lists,
(q-21-83) PN aq7
I
508
FmffA Instruction 1942.A
(Guide 20)
Pale 6
(b) Assuring that small, minorny and women's costs the ENGINEER incurs in providinl any such I
busincsses are solicited whenever, they are poterHl:1I gratuities 10 an)' such officer or employee.
sources,
16. Coyenant Alainst Contlnlent Fees
(c) When economically feasible, dividing tOlJI
requircments into smaller tasks or quantities so as to The ENGINEER as',ures that no person or selling
permit maximum small, minority and women's aleney has been err.ployed or retained to solicit or
businesslS participation. secure this AgreeNent upon an alreemen! or
under;tanding for a commission, percertage,
(d) Where the requirement permits, establishing hrokerage. or contingent fee. excepting bona fide
delivcry schedules which will encourage panicipallon employees or bona fide established commercial or
by small. minority and women's husinesses. selling8lenCle~ maintained by the ENGINEER r'lr the
(e) Using the serv;ces and assistance of the Smdll purpose of se('uranl business. For breach or vio ation
of. this assurance the OWNER shall have the ri@-ht to
Business Administrat on and the Minority Busin!'!; :annul this Agreement without liabilit)' or, at its
Dc\'clorment Agen. 'y of the Department or discretion. to deduct rrom the contract price or
Commerce. ~onsideration, or otherwise recover, the full amount
(\f such commlslson. per~enta8e. brokerage, or
14. Data and Copyri..ht~ c:.mtia:tgent fees.
This Agreement is subject to EPA requirements I', j ! 7. Cost of Pricing Data
regulations rertaininll to copyrights and rights in (J.JIa 'fhe ENGINEER and ils subcontractor(s) auure that
contained in 40 CFR art 30, which ~o\'er5 items 5', ' " ,;lSt and pricing data submiued for evaluation with
as research, devt opmental. t:xperimental 1r ..~specl to negol iation of prices ror negotiated
dem(lnSlraUnn work ,,'th re)pect to an~ discovery' ,r ;~reements. lower tier 5uhagreemenls. or amendments
in\'-=nllon' whlc, ari~es 1r is developed in the course. ..f .,re based on current, accurate, and complele data
or under this .~greemel:l. supported by their books and records, If the
OWNER. EP A or FmHA determines that any price
1~. {,ratuitles <includinl profit} negotiate,; :- ~onneclion with thi~ I
Agreement, any lo,,'er lier sub. ~re .:ment. or an~
(ill If Ihe 0 NNER ; nds after a notice and heanng &mendO'1ent th\.reundcr was ill"~(,.lsed b)' an'
that lhe EN( !NEER or lIMY of lhc ENGINEEr:'s . Ignificlnt sums be~..use the Jatl provided wa
agents or repn' .entati\, ; offered or gave gratuities ':n incomplcu:, inaccurate. or not current at the time 0
the form uf en .:nainml nt, gifts, or othc wise), to 'flY s~bmission. then such price or COSI or profit shall be
oflicl.l!. emplo\ 'e, or a~ =nt or the OWNI R, lhe; Sta'e. reduced accordingly~ and this Agreement :ihail be
EP" or Fml " in tin attempt w se.:ure Ihis modified in writing to renect ~uc:i1 action. Failure Ie.
A~recment 01 favorable treatment In awardir,~, .::@ree on a reducticn shall be subjecl tn the Remedie~
amendin~ lIr m, "ing any delerminatlons related tn i :Il,~ c:;luse of this Agreement.
pCrlhrm.mce 1\1 his Agreement. lhe OWNER ma)', '", 1::'. Remedies
written notice to the ENGINEER, wrminate ti",
Agreement, The OWNER may also pursue ot"II'.
righl!i and remcdies that .the law or this Agreem~l:t l'1less olherwise provided in this Agreement, a.1
prOVides, However, the existc1ce of the facts 'hI claims. counter-claims. disputes. and other matters ii'
which the OWNER bases such findings shall be i~ C'!!!estion between the OWNER and the ENGINEEI
is~uc ana may be reviewed in proceedings under :..~ F." :sing out of ('If relatinl to this Agreement or lh
Remcdie'i clause of this Agrecmen! "i'l~ach or it will be dr-cided b)' arbitralion if tt'-c partie:
. mutually agree, or in a coun of competent jurisdiclior.
(hI In the event Ihis Agreemenl is terminated ac, within the State in which the OWNER is locat~:d
provided in paragraph (a), Ihe OWNER may pursue
the same :-emedies against the ENGINEER as it could 19. EDern [fflC':enry
pursue In the event of a breach of the Arreement h~
the ENGINEER. As a penally, in addition to any The ENGINEER shall folio\\' mand.nory slandards and
other damages to which it may be entitled by law, the policies . relating to energr efficiency which are
OWl"F.R may pursue exemplary damages in In c\illtained in the Sl~te ~netg)' l'on~er\lalion plan Issued
amoun: (as delermined by the OWl\ER) which shall iu compliance wilh thc Em:rRY Policy and
be nOI less than three nor more than ten times the Conserv~nion ACI (P.L. 94.163).
I
509
fndlA h"h. .,. :inll ,1942.1'\
l(".. !~. 20.
"o&ll~ 7
I 20. Assurance Alainst Debarm.nt EP A or delepted State as approprilue. shall
revise design criteria. desi,n slandards.
The ENGINEER assurcs that nCIIller it nor an~ of its trcallHcnt procc'i~ ~ilin~ und other uPllfoprillle
subcontractors arc suspended or debarrcd hy EP A or preliminllry de~i~n information included in
FmHA. the Facilities Plan or other prdiminary
SECTION 8 . ENGINEERING SERVICES enBineerina reports in order to c:om.llete the
final desian ror the Project in accordancc with
the perf ormancc standards and lccepted
The ENGINEER shall furnish ENGINEERING engineerinl practices.
SER VICES as follows in accordance with the
GENERAL PROVISIONS of the ABreement and as 4. The ENGINEER shall assist the 0\\ NER in
luthorized b)' the appropriate Attachment \(1 this obtainm, necessary ,permits and approvals
Alreement; from appropriate Federal. State. and local
reBulatory I,enc:ies. The cost of obtaining
Enlineerinl Se"ices Durin. th. Detiln Phase such permits and approvals shall be bornc by
the OWNER.
I. The ENGINEER shall complete the
ENG INEERING SERVICES described in S. The Contract Documents furnishcd b)' the
Section 8.1 throu,h 8.9 described herem ENGINEER under Section 8.2 shall utilize
within 270 calcndar days from the FmHA-endorsed construction contract
date of written luthorization to proceed documents.
unless otherwise mutuallr agreed to in writing 6. Prior thc advertisement for bids.
by both parties. Any supporting to the:
documentation or revisions reBarding the ENGINEER shall provide for each
ENGINEER's services under this Aareement construction contract to be awarded b}' the
nccces!.ary to obtain the approval of FmHA. OWNER. tcn (1 m copies uf detailed desilln
EP A and all State regulatory alcncies "ill be drawing~. specificat ions. and con t ral.t
provided promptly, documents for use b)' the OWNER tnd
appr< ~ri.t\e Federal. Statc and local allcn\'ics
2. The ENGINEER shall perform the netessary from "horn appro\'al of the Project musl tic
I design surveY!i. accompliSh the det3iled obtained. ,\ddiuonlll copies of the lIbove
design of the Project. prepare contracl spccilied lk.;uments sh..1I be prOVided to Ih~
documents inc:Judin" desiln drawings. OWNFR b~. the ENGI~F.F.R at prnduclltln
specifications and in\lIations for t;ids. and cost. Ori~:nal~ of such item~ as d(l('umellt~.
prepare a final opinion of probable Pwject survey notes. and tracings. rr~p..red h\' till.'
cost bascd on the final design of the Project. ENGIl"EER are and sh.1I1 remmn the
The design drawinas prepared shall be in property 01 the ENGI~EER. but this ",hall in
sufficient detail to show the character and no wa)' infringe: upon the OWNER's n~ht'i III
extent of the Project Ind 10 permit the f:lclual such items under Section A-6(e).
location of the proposed iMprovements on 7. The ENGINEER shill establish bascJincs for
the Project sitc. h is also understood that if
subsurface explorations such as borinJs. or locating the work tOJether with a SUitllhlc
soil tests are required to determine amounts number of hench marks ad,iul'cnt In th~ work
of rock excavation or found Ilion conditions. and show Iheir location en thc ('ontrJct
the 'ENGINEER will furnis~1 coordination of Documcnts, This information and lhe
said explorations without additional charge. Contract Documents will pro\'Idc he
but the COSts incident to such explorations. contractor suOicicnt reference from Whll'h In
no mailer whether they are perrormed by the execute the contract work. The ENGINF.'R
ENGI~EER or b)' others sha I be paid for b~ is not nbliaated to liet conc;truction lEr. de
the OWNER as indICated In S~cllon C and set stakes for the construction of the !'roJect.
out in Attachnent I.
8. The ENGIl"EER shall prepare and fur",~h 10
3. The ENGINEER shall rcvicw the Facililics the OWNER three (J) copies of m;If's or
Plan prepared for Ihis F roject Ind. if drawinlls showinl the approximate location of
necessary and upon consultation with and needed construction e:tsements. permlmenl
concurrcnce of the OWNER. FmHA and easements. rights-of-way and land to be
(Q-21-83' PS aq7
I
-- - --- ---- ---
510
FmHA Instruction 1942.A
(Guide 20)
Pale 8 I
acquired, Such maps or drawings shall be 16. The ENGINEER shall provide gcmeral
furnished promptly to enable the OWNER to engineering review of the work of the
initiate property and easement acquisitions, contractors as construction progresses to
ascenain that the contractors are conforming
9. The EI'GINEER shall. prior to completion of with the deSign concept.
ninety ~90) percent of the Design Phase
service "epare and furnish to the OWNER 17. The ENGINEER's undenaking hereunder
an estin ate ror total compensation to bc paid
the EN( INEER for providing the serviccs. to shall not relieve the contractor of its
be perkrmed in the Construction Phase and obligallon to perform the work in conformity
Operallon Phase. with the Contract Docments and in a
workmanlike manner; nor shall it make the
10. Section B.I through B-9 ana Ihose ENGrr:EER 3n insurer of the contractor's
ADDITIONAL ENGINEERING SERVICES performance; and shall not imJlose upon Ihe
designated for the Design Phase in Section C ENGINEER any obligllllon~ In see rh:lI Ihe
will take effect upon execution of Attachment work is performed in a safe manner.
I. 18. The ENGINEER shall each
review
Enaineerina Services Durin, the Construction contractor's applications for progress and final
payments and submil sufficient COJlIC~ of
Phase same to the OWNER with the ENGI~EE~ "
11. Performance of the services requested dUring recommendation for approval or diSUJlprova
t ,is phase will be initiated by the ENGINEER
rromptly after execution of Attachment II 19. The ENGINEER shall prepare nece~ ar~
a ld the OWNER. with the concurrence of contract change orders for approval oJ' Ihe
fmHA. issues a written authorization to OWNER. FmHA and others as requlreu
r ;oceed,
12. The ENGINEER shall .ttend the bid opening 20. Thc ENGINEER :.._'. "11ake an ins'1cetion I
and tabulate the bid proposals, analyze the prior I" issuHlg the eerll kale of sul1 aantlal
responsi veness of the biddcrs and make completion of all (;on~tru~,,,'ln and su 'mil a
'ecommendations for awarding contract(s) for written reran to the llWNER. 1-=0111 \ and
,'onstruction to the lowest responsl ble. others as reqUired.
responsive bidder. .
. 21. Prior 10 ~uhmlSSlon of rCI~nmmeOlhHlon for
13. Upon award of each construction contraCI.
the ENGINEER shall furnish to the nnal pa\'ment on each contract. Ihe
OWNER. for each contract, -1. (not les~ ENGINEER shall submil a certHie.He (' ,
than seven) sets of the design drawings. substanlial completion of work dnne under
specificalions and contract documents for that contracl te the OWNER. FmB A and
execution by the OWNER and contractor others as required.
Addilional co .ies of such contract documents
shall be pro'ided to the OWNER by the 22. The ENGINEER shall providc the OWNl:.R
ENGINEER a production cost. with one set of repruducible record (as-buII'1
drawings. and two scts of prints, Su, h
14. Thc ,ENGINEER shall review and approve. drawings ",ill be based upon the reslde'u
for conformance with the design concept all project inspector's construction data and the
shop drawings and other submittals required construction records provided by lie
by the Contract Documents to be furnishe(j contractor during construction and revley.:d
by contractors. by the resident inspector.
IS. The ENGINEER shall interpret the intent of 23. Section B-Il through B-22 and I~ lse
the design drawings and specifications to ADDITIONAL ENGINEERING SERVl( 'ES
protect the OWNER against defects and designated for the Construction Phase In
deficiencies in construction on the part of the Section C will take effect upon execullo I of
contractors. Attachment II.
I
511
FmHA Insrruction 1942.A
(Guide 20>
Pale 9
I E.,llIftrlnl Se"lees Durlnc thf Operation Phase activities. passing inrormation between
the ENGINEER and contractor.
. reviewinl of conlrlctor's request ror
24. The ENGINEER shall ~irect the firs~ "ear s proaress payments, inspectinl of
operation of the Pro,tect and revl~t the completed work for compliance with
operation and maintenance manual for the Contract Documents and keepinl of a
Project u necessary to accommodate Actual daily diary per FmHA requirements.
operatinl experience. Performance or this service will not
. luaranlee the contractor's
25. The ENGINEER shall provide te the performance, but it endeavors to
OWNER monthly operation repons on the protect the OWNER .pinst defects
performancc of the Project. and deficiencies in the Project and
verify compliance with the cc,nlfact
26. The ENGINEER shall train operatinl Documents. Period of 5ervic e for
personnel Ind prepare curricula and traininl caJculatinl compensation will I.e the
material for operatinc personnel. lonlest construction contract
completion time bid plus (thirty) 30
27. Eleven (J 1) months after the initiation of the days.
Project operation the ENGINEER shan advise
the OWNER in writing whether the Project 2. Prepare site surveys for $('wage
meets the ,'ro;ect Performance standards u treatment works. dams. resef'loirs.
defined in 411 CFR Part 35 Subp.n I. and other similar special survus as
may be required.
28. Section 8.'4 through 8.27 and those
ADDITION \L ENGINEERING SER\'lCES XXX 3. C:lnduct laboratory tests. well tests.
designated fur the Operation Phase in ~ection btlrinl5, and specialized leot< lielll.
C will take effect upon execution of soils. hydraulic. or other s udie~
Attachment m. recommended by the ENGINEE!..
-
Section C . ADDITIONAL ENGINEERINC AAA t Prepare property surveys. de ailed
I SER VICES descriptions of sites. maps. dray ings.
or estimates related thereto~ as~:>;t in
Th ~ II' d' d AD[)ITlrJNAL nqotiatinc for land and easement
e 10 OWlna eSlanatc, ri.hts
ENGINEERING SERVICES snail be provided by the .
ENGINEER upon written authorization 0)' the S, Appear before courts or boards on
OWNER and concurrence of fmHA. Alreed upon f ..
ADDITIONAL ENGINEERING SERVICES will be ma~ters 0 hllgal/on related to the
desianated by Design Phase (D) Construe ion Phase proJect.
(C) or Operations Phas.: (0) dcr.ng which he :itrvice ".
would be performed. Compen~Jtion for pert'Nmina 6. ASSist with a Ulicr charge system
the desilnated ADDITIONAL ENGINEERING (a) Desian a user char,e system to
SERVICES will be included on Attachment I, produce adequate revenues required
Attachment n. or AUlchment 111 for the operation. maintenance and
replacement of the Project that meets
Phue . applicable EP A requirements. or
vV' I. PrOVide Resident Project Inspection. (b) Demonstrate that the exisllng
The ENGINEER shail. prior I~ the user char~e sys.em meets applicable
precon,trucuon conference. sur-mit a EP A requirements.
resume of the resident insoector's
qualifi~tio~~. anticipated dut:e~ and 7. Assist with sewer u~e ordinances.
responslbihtles for approval by the
OWNER and FmHA. Resident (3) Prepare a sewer use ordln:ml'e
inspection includes checking li"~li and or other le,ally binding document thaI
,rades. kceping records (II full meets applicable EP A requirements.
m ~asurements and the contractor's or
(Q-21-S1) PN SQ7
I
512
FmHA Inslrucllon 1942.,1\
(Guide 20)
Page 10
(b) Demonstrate that the existing 10. Conduct value engineering of the I
sewer use ordinance meetli applicable Project design and prepare a report
EP A requirements. that meets applicable EPA
XXX 8. requirements.
Prepare an operation and maintenance
manual that meets applicable EPA 11. Prepare a draft plan of operation that
requirements before the construction meets applicable EP A requirements
of the project is 90 percent complcte. for submission to EPA with the grant
9. application and a Sltisractory final plan
Prepare a sewer system cvaluation and of operation for submission to EP A
infiltration/inflow analysis. Perform a before fifty (SO) percent or the
study that meets applicable EPA construction of the Project i~
rcquirements of Ihe sewer system 10 complete.
determine the quanlity of exccssive
infiltration/inflow and propose a sewer 12. Provide construction staking services,
rehabilitation program that meets
applicable EPA requirements to XXX 13. Other (attach definition).
eliminate the portion of infiltration
and innow that is cxcessivc.
SECTION D . SPECIAL PROVISIONS
l- Any reference in this Agreement to "Approval by FmHA" or its
likeness shall be deleted.
2. Section B, Article 5, relative to FmHA-endorsed construction
contract documents shall be deleted.
It is understood that Marziano & Minier. P.A. will serve as Project I
Coordinator and as such its duties will include but may not be limited
to the following:
* Coordination of monthly progress meetings.
.. Coordination of bidding and updates to the 201 Plan.
* Coordination of any interface points between the wastewater
line and WWTP designs.
.. Maintain overall financial tracking of the project during
construction.
.. Coordination of regulatory approvals.
.
.. Coordination of combining 0 & M Manuals into one set of documents.
.
I
FmHA Instruction J942-;\5 1 3
(Guide 20
Pa,e I J
ATTACHMENT I . C..,.....l.. for E..l.eerl.. SerYlcn Daria. tbe Dnl.. P...
1. As set ronh in the AGREEMENT FOR ENGINEERING SERVICES dated the 6th
clay of July , 19 90, by and l)Otween Count.v of Harnett. PO Box 7SQ_ ki11in2ton,
fli ill 4 Ii
I the OWN ft,lnd nF.T.lHF.RRV 1. nAVTC: &601 ~~v Vnp~a Dna A c:!1I1.... l..on D..aJ."~ 7~
27615 , the ENGINEER, the OWNER Ind ENGINEER
a.ree this ~ clay of 1"'1' , 19~. that the OWNER shall compensate the ENGINEER
for services described in Section 8-1 th rOUlh 8-9 Ind ection C desi,Rated Desilt' Phue services.
2. Compensation for ENGINEERING SERVICES shill be by a FIRM FIXED PRICE METHOD. The FIRM
FIXED PRICE is: a) Design through owner approval as described in Section
Bl - B9 - $128,500
S 148.~OQ.QQ loo.' bi!!i8Br!Yf !.i!~ce! dV20~806onstruction as described :
3. Compensation for ADDmONAL ENGINEERING SERVICES. shall be by I FIRM FIXED PRICE METH )0.
COST PLUS FIXED FEE METHOD or in exceptional circumstances PER DIEM METHOD for each indivi lual
ADDITIONAL ENGINEERING SERVICE. An Exhibit to this Attachment d,.......;bes. for each AODITIOl' AL
ENGINEERING SERVICE, the FIRM FIXED PRICE AMOUNT. COST PLUS FIXED FEE cost summar: or
PER DIEM cost schedule I nd cost summary. The tOlll amount of compensation for AOOlnO,. AL
ENGINEERING SERVICES shall Rat exceed:
S Q?,7nn nn we ATTACHME:NT I - EXHIBIT "A" - Page llA)
4. The amount of compensation shill not chanle unless the scope of services to be provided b)' the ENGINEER
chanRes and this Asreemen, is formally amended Icc:ordinl to Section A-s.
S. Si,natures
IN WITNESS WHEREOF, the )lrties hereto have executed. or caused to be executed by their duly authortzed
officials. this Aareement in dupl. :ale on the respective clates indicated below,
.
OWNER:
A I u:.:u: By
Type Name Type Name
Title Title
I Date Date
t ::J~a.l~~/ :Ii
AII~ ,. 'J~L
Type Name ..Jl-ft'l"'" . P.~.. ~ Type Nune Sidney O. Dewberrv
Tille A8st. Hanaler/Civil/Sanitarv Dept. Title ManaginK Partner
Date July 6, 1990 Date ....J.J.L.1 v ft. 1990
APPROVED:
FARMERS HOME ADMINISTRATION
By
Type Name
ntle
Date
(9..21..83) PN 897
ATTACHMENT I - EXHIBIT "A"
ITEM 3: Soils Investigations for Interceptors
Per Diem Method Not to Exceed $ 12,700
ITEM 4: Perform Land Surveying an~ Preparation
of Easement Maps for Interceptors
Per Diem Method Not to Exceed $ 50,000
I ITEM II Prepare operation and Maintenance
Manual for Pump Station; Meter Stations,
and Interceptors
Lump Sum $ 5,000
ITEM 13: Prepare Wetlands and Environmental
Assessment
Per Diem Method Not to Exceed $ 10,000
ITEM 13A: Perform Archaeological Survey
for Interceptors
Per Diem Method Not to Exceed $ 15,000
.