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RESOLUTION NO. 6256
A RESOLUTlONlOF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALI FORN IA, 1 APPROV I NG AND AGREE I NG TO A MASTER AGREEMENT
FOR STEP 3 ENGINEERING SERVICES BETWEEN VISTA SANITATION
DISTRICT AND'BROWN E CALDWELL FOR PHASE Ill ENLARGEMENT
AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY
I
BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. That the City of Carlsbad does hereby approve and agree to the
Master Agreement for Step 3 Engineering Services between Vista Sanitation
District and Brown E Caldwell for Phase Ill Enlargement and Upgrading of the
Encina Water Pollution Control Facility, a copy of which is attached and in-
corporated by reference herein.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
at a regular meeting held the 5th day of Aa -us t , 1980, by the fol-
lowing vote, to wit:
I
AYES: Council IMemSers Packard, Casler, Anear and Kulchin
NOES: None
ABSENT: Counci
ATTEST:
WSTER AGEEL2LENT
FOR STEP 3 ENGINEERING SERVICES r
BETWEEN JCIN 2 3 f,Ceu VISTA SALUITATION 1DISTRICT AND BROWN AXD CALDWELL
FOR
UPGF?DING OF THE ENCINA
WATER POLLUTION CONTiiOL FACILITY
PHASE^ IrI ENLARGE~MENT AND
I
- day of --- THIS AGECZELWNT made and entered into as of
1980, by and between the Vista Sanitation District, hereafter referred
to as "District" or "Owner", and Brown and Caldwell, a California
corporation authorized to provide consulting engineering services,
hereafter referred to as "Engineer",
WITNESSETH:
WEAPEAS, the District has planned for engineering services for the
Phase 111 Enlargement and Upgrading of the Encina Water Pollution Control Facility (hereinafter referred to as the "Project'*) ; and
WHEREAS, District and other public agencies have entered into a
Joint Powers Agrkement, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code for the joint exercise of powers and the
acquisition, construction and operation of facilities for the trans-
missionp treatment, and di.sposa1 of sewage which facilities comprise a
single system of sanitation works and includes any sxpansion of such facilities by virtue of thb project which is the subject of this
Agreement; and
WHEREAS, by a duly aqthorized and executed Supplemental Agreement
to the aforesaid Joint Fowlers Agreement, District has been, and presently is, authorized to enter into this Agreement as well as to act as the
administrator in connectioh with the subject Project; and
WHEEAS, the District entered into a DesiPgr. Agreement with the
Engineer on June 7, 1978 for Sti?p 2 engineering services for the Phase III Enlargement and Upgrading of the Encina Water Pollution
Control Zacility, and
WZREAS , the Design Agreement did not provide for engineering
services during construction (Step 3); and
WHEREAS, District desixes to retain Engineer as advisor and consultant in engineering land technical matters relating to the Step
3 construction and equipment prepurchase contracts; and
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WHEREAS, District has retained a construction manager (hereafter referred to as "CN'') to prlovi.de certain professional construction
management services relatihg to the Project; arid
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2.
I
WHEREAS, District is receiving grants from the U,S. Environmental
Protection Agency (EPA) for the propose6 project., and desires that
this Agreement shall be in' accordance with the Amendments to Title 40
of the Code of Federal Regplations, Part 35, as published in the -
Federal Register of December 17, 1975, as amended; and
WHEREAS, Engineer has, sufficient personnel and facilities
necessary to accomplish the work within the required time .and has
performed similar services1 €or the District in connection with other
projects; and
NOW, THEREFORE, District and Engineer agree 'as follows:
I. Agreement I
The complete agreement between the District and the Engineer is
comprised of this master agreement and exhibits to it which describe more fully the-specific services to be provided by the Engineer and the compensation to be paid to the Engineer by the District, Exhibit
"A" defines the scope of the work to be accomplished by the Engineer. Exhibit "B" defines the method of payment to the Engineer, Except
as may be subsequently modified in writing by the District and the
Engineer, the duties of the Engineer and compensation by the
District shall not exceed that described in Exhibit "A", Exhibit I'B''
and any Task Orders agreed to and executed by both parties.
11, Authorization, Progress and Completion
the form of Task Orders.
without a fully executed Tpsk Order, Each Task Order shall specify the scope of the authorized subtasks to be performed, the account number to be charged, bases an.", dnounts of compensation for the work to be
performd, completion tinel schedule and the key professional personnel
that will gerform tk services. Following execution by both parties,
each Tzsk Order incfL2Lz.g its supporting EPA Form 5700-41, shall become
an mez'lent to an2 a _==.rt of this Agreement.
issued zjeneraPPy at 6-3nth intervals, or other appropriate intervals for a lssgical breakdown of~the work as it progresses, The supporting
EPA Fszz 5700-41 shall zlso be the basis of the Engineer notifying the Diszrict of a subcmcracting firm that would provide a portion of the services inclu5e2 in the Task Order and the District's approval of such firm pursuant to Article VI of this Agreement,
shall be in writing and shpll include the definition of the work to be done, the schedule for coinmencing and completing the work and the basis
for compensation for the work.
I
Authorization to proceed with the work in Exhibit "A" shall be in
Fngineer shall not proceed with the work
Task Orders shall be
For special engineering services, the authorization by the District
I III. Compensation
by Engineer, the District agrees to pay, and Engineer agrees to accest, compensation in accordance'with the provisions set forth in Exhibit "B"
and the District's Task Orders.
IV. Responsibility of Engineer
For the services described in Article I which are tu be perforned
The Engineer is employed to render a professional service only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in carrying out the
work. Engineer shall follbw the practice of the civil engineering profession to make findings, opinions, factual prtsentations, and
professional advice and recommendations. defend, and hold District harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions
of Engineer, its agents, employees, or representatives in the performance of Engineer's duties under this agreement.
shall act as agent of the District.
vision of work prepared or performed by other individuals or firms employed by the District shall not relieve those individuals or firms
of complete responsibility for the adequacy of their work,
Engineer agrees to indemnify,
In performing any construction management services, Engineer The Engineer's review or super-
It is understood that.any resident engineering or inspection provided by the Engineer is for the purpose of determining compliance
with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractoIr.
for meansp methods, techniques, sequences or procedures used by a contractor, for safety of construction workc or for compliance by a contractor with laws and r~egulations,
The Engineer does not assume responsibility
V, Integration
This Agreement represents the entire understaading of District and Zngineer as to those matters contained herein. No prior oral or
writtea understanding shall be of any force or effect with respect
to those matters covered hereunder.
or altered except in writing signed by the party to be charged. This Agreemnt may not be modified
0 0 4,
VI, Subcontracts
Engineer shall be entitled, to the extent determined appropriate
by the Engineer, to subcovtract any portion of the work to be per- formed under this project, At the time subcontracted services are
anticipated, the Engineerlshall notify District of the nature of and need for such services and identify the proposed subcontracting firm.
Engineer shall negotiate and aclminister subcontracts in accordance
with Provision I1 of Appendix C-1 to 40 CF2 Part 35, Subpart E as
published in the Federal Register on September 2'7, shall be responsible t'o the District for the actions of persons and
firms performing subcontract work,
1978, The Engineer
The Engineer is authorized by the District to subcontract work
having a cost which will not exceed 25 percent of the total amount of
compensation due under this Agreement, In the event Engineer desires to subcontract work having a cost in excess of 25 prcent, the work
shall be subject to the approval of the District and this Agreement
shall be amended, The subcontractors selected as of the date of this
Agreement and the work to be performed are as follows:
Subcontractor Description of. work ---
Flewelling and lshino Architectural services during
construction
VXI. g-istrict Is Project Officer
The District's Project Officer, who shall be ernpow@red to
act for the Dj-strict in accordance with the provisions of this Agree-
ment, where such acts are~not contrary to law or District ordinance,
shall be, the General Manager of the Encina Water Pollution Control
Facility or as appointed by the District,
VILI, Engineer's Project dfficer
The Engineer's Project Officer, who shall be enpowered to act
for the Engineer in accordance with this Agreement in all matters
relating to the technical administration of services to be provided,
shall be the Engineer's Project Manager, Mr. Graham T, Fraser. Encjinenr shall notify the,District in writing, when circumstances require any such change in assignment. Approval will be required
by the District of any substitutions.
IX, EPA Required Terms and Conditions
The "Required Provisions--Consulting Enyineering Agreements", as published in the Federal Register dated September 27, 1978, as
Appendix C-1 to Part 35 of Title 40 of the Code of Federal Regulations,
are attached hereto and incorporated herein by reference as Exhibit "C",
The
IN WITNESS WHEREOkch, District and Engineer have caused this
Agreement to be execute? the day and date first abov2 written.
ATTEST :
I
Jean Brooks, Clerk Approved by resolution no.
on
VISTA SILNITATION DISTRICT
BY -- Chairnan
BROW'? AND CALDFCLL
a California Corporation
, EXHISIT "A"
I
SCOPE OF; WORK AND TIME
Under this Agreement, the Enqineer
I
SCHEDULE
shall provide certain Step 3
engineering services to the District which will support and compliment
the services being provided by the CM on the project, to be provided shall include those as describe8 herein,
A. Project Description
to provide an average dry'weather flow capacity of 18 mgd and full.
secondary treatment of all flow, utilizing the activated sludge
process, The facility is designed for future enlargement to an ultimate average dry weather flow capacity of 45 mgd,
The project will include the construction of the screening
building to house the screenings and grit processing facilities, new aerated grit taRkSr improvements to the primary sedimentation
tanks and primary gallery, new aeration and secondary sedimentation
tanks, new dissolved air flotation thickeners, a new anaerobic digester, a new sludge dewatering building, a new effluent pumping station, a
new chlorination building, a power building to enclose the plant's
engine-generators, aeration and agitation air blowers and electrical. distribution equipment and a maintenance workshop, a new operations
building, coversion of the existing operations building to a nainten- ance building, a new nainqenance building called the maintenance annex,
stormwater control facilities, plantwide utility SYStzmSr and related
improvements
The services
The existing facilities will be expanded, modernized and upgraded
The project was divided into a number of bid packages as outlined
in the "Nultiple Contracts Feasibility Study" dated Xay 11, 1979,
bid packacjes and the sc3p$ of the construction work in each is
descrikrz as follows:
+ prepared by the CM arzd 2s subsequently modified by the District. These
Contrac-, 2 - Supply az.5 Delivery, Continuous Belt Filter Presses
- Czztract 2 is for the supply and delivery of four 2-meter contizxs?;s belt filtar ?re,sses for dewatering anaerobically digested
primary and waste-activzted sludge.
Contract 3 - Supply znc? Dellivery, Engines, Generators and Blowers
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Contract 3 is for the' supply and delivery of three internal
combustion engine-driven gpnerators complete with cooling and silencing
equipment and related controls, two internal. combustion engine-driven
blowers complete with coolhg and silencing equipment and related
controls and three motor-driven blowers with associated appurtenances.
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Contract 5 - Supply and Delivery, Xechanically Cleaned Bar Screens
Contract 5 is for the supply and delivery of three mechanically
cleaned bar screens.
Contract, 6 - Supply and Deiivery, Dissolved Air Flatation Thickening Equipment I
Contract 6 is for the supply and delivery of equipment for two dissolved air flotation th'ickeners including pressurization pumps and
air saturation tanks,
Contract 7/9 - Construction of Site Preparation, St0.m Water Control Facilities and Secondary Treatment Facilities
Contract 7/9 includes, the site and drainage works including the
storm control channel and ,the construction of the secondary treatment facilities including aerayion tankso secondary sedimentation tanks
and sludge collectors, mixed liquor and return activated sludge (as)
conveyance facilities, pdps, aeration diffusion equipment and all
related electrical work,
Contract 8 - Construction ,of Operations Building
Contract 8 is for the construction of the operations building for the Encina Water Pollution Control Facility, The operations building will include offices, the plant laboratory, facilities for
the plant operating staff
Contract - 10/11 - Construction of Treatment Facilities and Commissioning
and the plant control. room.
Contract lO/ll is for the construction of the remainder of the project and the installation of the equipment .furnished by the Owner
and Will. include plantw'ide--instrunentation and comrnissionirrg work inclu- ing work in those facilities constructed under Contract 8 and Contract 7/9,
B, Basic Step 3 Engineering Services
Step 3 Engineering Services include all engineering services provided the District from the award of contracts through to the
completion of the comnissioning period and operator training,
object of these services is to support and canpliment the (24 services with respect to engineering matters.
The
1. Subtasks
Specific subtasks to be performed under Step 3 Engineering Services will by the Engineer include the following:
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Subtask I, Nanagement Planning, organization and management of the Engineer's project team and the Engineer's work will be
performed under this subtask. Phis subtask includes the follawing:
a,
b.
e,
Establish and monitor completion level versus hours
and costs expended for each subtask,
Supervise project team and periodically review the
work performed by Engineer's project team,
Procure and pupervise Ekgineer's subcontractors as
necessary.
Correspond and communicate with representatives of
the Districtl.
Assistance to District with respect to developing task orders, special engineering services and amenihents to
the Agrement
9.
Subtask 2, Interpretation of Contract Documents Upon request of District or C1?.f, Engineer shall provide independent interpretation
of the technical requikements of the contract documents,
Subtask 3, Preparation ,and/or Review Supplementary Drawings
Other supplemental drawings
Engineer shall provide supplementary drawings required to resolve
actual field conditions encountered or other necessary drawings which in any way effect the design.
not effecting the design may be prepared by the CM and reviewed
by the Engineer for general conformity with the project and other general. matters-1 Such drawings would bear the seal of
the cf4.
nor completeness of these drawings.
of District or CM, 2:ngineer shall review detailed construction drawings, shop zrx? xection drawings, equipment and equipment
instzllation drawi2,s or other information submitted by the conszruction ccntrictor to determine general conformance and cozaiiance with ~2- contract provisions.
eac5 submittal as ex2ediciously as possible, the average turnaround
tkt shall be approsixately 14 days and the longest period shall E=e consistent Kith fk submittal review times in the various
Pzoject Xanuals.
The Engineer will not be responsible for the accuracy
Subtask 4, Review of Submittals and Test Reports Upon request
Engineer will review
Subtask 5, Ccordinatiori Meetings Upon request by the District or CX, Engineer shall attend coordination meetings with the District,
the CM, contractors, shbcontractors, equipinent suppliers, or others-
Subtask 6, Assistance Regarding Change Orders At the request
of the District or C3i,lEngineer shall provide assistance to the
District or Clvl regarding construction contract change orders initiated by the Engineer or others, -
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Subtask 7, On-Sibe Visits Upon specific request, Engineer
shall visit the construction site for the purpose of observing the actual construction conditions and making recomnendations to
District or CM, as necessary. Letter reports of such visits shall
be submitted,
Subtask 8, Witnessing Testing of Equiprnent Upon specific
request, Engineer shall provide services necessary for witnessing the testing of certain equipment at the factory and/or on the
construction site and,reporting the results of such tests to the District or CM.
Subtask 9, Preparation of Record Drawings Utilizing the
reproducible drawings prepared under the Step 2 design services, Engineer shall prepare a set of record drawings reflecting all
field changes accunulated and documented by the CM du-- ,ing con- struction. The District will furnish the Engineer with all such
necessary record information indicating changes or modifications
from design during construction, including field measurements verified by the CM, Upon completion of the record drawings, Engi- neer shall furnish District with one set of full size record draw- ings on mylar film for each of the Phase 111 construction contracts,
Subtask 10, Preparation of Operations and Maintenance Manual The complete draft Operations and Maintenance (O&N) Nanxal, pre-
pared as part of the Step 2 Engineering Services, will be revised to include all necessary revisions and aetustl equipment maintenance infomation. This reyised draft O&M manual will be submitted at
approximately the 90 percent complete construction level, In addition, after plant start-up, Engineer shall prepare the final revised O&N Manual. The O&M Manual submi.ttals will conform with
the requirements of tkie State Water Resources Control. So'arcf (SWRCB) "Operation and Maintenance Manual Guidelines for Wastewater
Treatment Plants" dated December, 1975.
Subtask 11, Start-up Services Program Engineer will
provide the start-up services program as set forth in Clean
Watsr Grant Program Bulletin No. 37A issued February 1978-
Subtask 12, Assistance with Bidding Engineer will
The work izcludes, responding
2rovide assistance duning the bidding period or' Contract 10/11
up to the time of contract award. to telephone inquiries, preparation of addenda, meeting with
contractors and suppliers, issuing the documents and addenda, and reviewing bids.
Subtask 13, Financial Plan and Revenue Program Engineer
will provide services to update the financial plan and revenue program when necessary during the course of the project, ,
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Co Special. Step 3 Engineering Services
contemplated to be pdrformed by Engineer cannot be defined
sufficiently at the time of execution of this Agreement,
and that incidental engineering work related to the project '-
and not covered in Exhibit "A" may be needed during performance of this Agreement, Xt is intended that such categories of
work be classified as Special Step 3 Engineering Services,
District and Engineer agree that certain of the work
Do Time Project Schedule
in paragraph B.1, of this Exhibit shall be established in the
Task Orders in accordance with Article I1 of this Agreement,
The time schedule for completion of the subtasks described
A. Compensation
Compensation €or serv Agreement shall be in acco:
exhibit and the specific a1
Compensation for each services shall be on the b;
rate, or as may be later mi tion.
1. Cost Reimbursemer
Compensation for
on a cost reimbursement ba: fixed professional fee, as
a. Cost Reimbui
The cost rej
be the sum c other direct
reimbursemer exceed the c
formally am€
(1) Direct
Direct
hours workei
by the emplc
labor cos=s professizzsl of Engi-zzr
for t>css in P
A billi
interim rein
as possible the expirati as may be mu
District a p
for the peri experience d cost data.
by the Engin
EXHIBIT "B"
COMPENSATION
ces provided under Article 1 of the Master %
dance with the methods described in this
ounts shown in each of the Task Orders.
authorized phase of the Step 3 engineering sis of: (1) cost reimbursement, (2) hourly
tually agreed to at the time of authoriza-
t Basis ,
iach phase of the work or service authorized
is shall be the cost reimbursement plus a
ffef ined herein,
sement
nbursement portion of the compensation shall f direct labor costsp indirect costs and
t €or each designated service shall not 3st ceiling listed in the Task Order without
?ding the Task Order.
costs, as herein defined, The cost
Labor Costs
Labor costs shall be the total number of
on the job by each employee multiplied
Tee's hourly direct labor rate. Direct
for principals, who are defined as
engineers assigned to the corporate staff
will be based UPOH the actual. rate of pay iividuals.
: Costs
: costs shall be the product of all direct iultiplied by an overhead rate,
19 overhead rate of 1-50 shall be used for Iursement purposes. The Engineer, as soon
)ut not later than ninety (901 days after
)n of his fiscal year, ox such other period
:ually agreed upon, shall submit to the
'oposed provisional overhead rate or rates
)d based on the Engineer's actual cust
iring that period, together with supporting [egotiation of provisional overhead rates !er and the District shall. be undertaken as
promptly as practicable after receipt of the Engineer's proposal. ,
h-l
0 0 Allowability of costs and acceptability of costs allocation methods shall be determinecl in clccordance
with the applicable portions of the Fedaral Procurement Regulations, 41 CFR 1-15.4 as in effect on the date of
this Agreement.
The results of each negotiation shall be set forth
in an amendment to this Agreement, which shall specify (I) the agre~ed negotiated provisional rates (2) the
bases to whiich the rates apply, and (3) the Task Orders and periods 'for which the rates apply.
, Pending establishment of negotiated provisional
overhead rates for any period, the Engineer shall be reimbursed a't billing overhead rates as provided in the
Agreement, s~ubject to appropriate adjustment when the
negotiated provisional rates for that period are
established. To prevent substantial over or under
payment, and to apply either retroactively or prospectively
billing overhead rates mayp at the request of either
party, be revised by mutual agreement. Any such revision of billing overhead rates shall be set forth in an amendment to this Agreement.
. Any failure by the parties to agree on any rates
under this c~lause shall be subject to the "Renedies"
clause contalined in Exhibit "C" of this Agreement,
by the parti~es to this Agreement shal:! he used to adjust all interim 'billings as soon as such rates are established.
Negotia'ted provisional overhead rates negotiated
Negotia,ted provisional overhead rates shall be
subject to review and revision by the cognizant audit
activity designated by the EPA Project Officer, and shall
be adjusted either upward or downward in accordance with
EPA rulings following interin or final audits. Indirect costs for cost reimbursement work under this Agreement
shall be the, product of direct labor costs multiplied by
the final audited overhead rate,
(3) Other Direct Cost
Other direct costs shall be billed at cost and shall include the ,following:
(a) Services directly applicable to the work such as
spcial legal and accountin9 expenses, computer
rental and progranuning costs, special consultants,
bor~ings, laboratory charges, commercial printing an4 binding, and similar costs that are I-LQ~
applicable to general overhead.
I
(b) Identifiable reproduction costs applicable to
the work such as printing of drawings, photo-
stating, multilithing, printing and similar
costs. I
(c) Identifiable communication expenses, such as
long distance telephone, telegraph, cable,'
express charges, and postage other than for
general correspondence,
(d) Li$ing and traveling expenses of employees when
away from home office on business connected with
work except for automobile travel, which shall
be ~ billed at the Engineer's standard established
rate e
(e) Subcontracted services,
Costs described above shall be payable up to the cost
ceiling listed i4 the Task Order. provided €or under the Task Order is not completed within the
cost ceiling estAblished for that item, Engineer shall
continue with al+ or any part of the work €or which an
increased cost ceiling is established, but not otherwise.
If any item in the services
b. Fixed Profehsional Fee
The fixed professional fee $portion of the compensation
shall be the amount listed in the Task Order and it shall not be increased (or decreased) except in the
event there is an amendment to the Task Order that
increases (or decreases) the scope of work.
2. Hourly Rate Basis
I
Compensation far each phase of the work or service authorized
on an hc7xfy rate basis shall be the sum of direct salary costs and direct 7-22-salary ccsisp as herein defined. ..
a. Direct Szlary Cost
Direct sr2i?y cost shall be the total number of hours
works5 CZ cYie job by each employee times an hourly billin5 zzke for such 'employee's labor category. The
hourly billing rate for each employee category shall be
the sun of: (1) the regular direct labor rate, (2) the
indirect costs rate and (3) a professional fee rate.
The basis of computation for the hourly billing rates
shall be inqicated on the rate schedule approved and attached tolthe Task Order at the time of authorization.
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b. Direct Nonsalasy ,Cost
Direct nonsalary costs shall be actual costs and shall
include the following:
(5)
Services directly applicable to the work such as
special legal and accounting expenses, computer rental and programming costs, special cunsuftants,
borings,, laboratory charges, comzrcial printing
and binding, and similar costs that are nat
applicable to general overhead,
Identifiable reproduction costs applicable to the
work such as printing or drawings, photostating,
multilithing, printing and similar costs.
Identif'iable communication expenses such as long
distance telephone, telegraph, cable, express charges, and postage other than for general
correspondence.
Living and traveling expenses of employees when away
from home office on business connected with work
except for automobile travel which shall be billed
at the Engineer's standard established rate.
Subcontracted services.
Compensation for any service on an b~ti~ly rate basis shall not exceed the price ceiling listed in the Task
Order for given service, or if none is shown, shall not
exceed the price ceiling agreed to at the time of
authorization of the service, without amendiny the Task
Order, for under an hourly rate service is not completed within
the price ceiling established for such service, Engineer
shall continue with all or any part of the work for which an increased price ceiling is established, but not
otherwise,
In dhe event the entire scope of work provided
3. Limitat.ion on Cost and Time
The estimated cost ceiling (for services authorized on a cost
reimbursement basis) and tde price ceiling (for services authorized on an
hourly rate basis) established pursuant to Paragraph C of this Exhibit
and the time for completion given in the authorization will not be
exceeded. The Engineer agrees to use his best efforts to perform the work specified in Article T within the estimated cost and time of
completion. If, at any time, the Engineer has reason to believe that
the estimated cost ceiling 'or price ceiling will be greater or sub-
stantially less than the ceilings in Paragraph C, the Engineer will notify the District in wriqing to that effect. The notification will
state the revised estimated cost ceiling os-price ceiling for perform-
ance of the services and, if applicable, the revised time for
completion. Such notificaeion will be submitted to the District at
DA
the earliest possible date and in no event later than 10 days prior
to scheduled completion of the work.
The District shall not be obligated to reimburse the Engineer for costs incurred in excess of the estimated cost ceiling or price ceiling established pursuant to Paragraph The Engineer shall not .
be obligated to continue performance under this agreement or otherwise incur costs in excess of the estimated cost ceiling-or price ceiling
established pursuant to Paragraph C, unless and until the District
shall have notified the Engineer in writing that such estimated cost
ceiling or price ceiling has been increased and shall have specified in such notice a revised estimated cost ceiling or price ceiling Ear .performance of this agreement,
If, after such notification, additional funds are not allotted by
the end of the'period scheduled €or completion, or an agreed date
substituted therefor, the District will, upon written request by the
Engineer, terminate this agreement pursuant to the provisions of the
originally scheduled coinpletion date or an agreed date substituted therefor
estimates that the funds available will allow him to continue to
perform services covered in this aqreement for a period extending
beyond such date;-he shall specify the later date in his request, and
District, at its discretion may terminate this agreement at that later date, -- -
If the Engineer, in the exercise of his reasonable judgmentr
Since the nature of the services to be performed by the Engineer is in responding on an "as needed" basis to the District and the CM,
the period of time established for performing the work set farth in
each tzsk order is only an estimate. Itf the work takes less time than that set forth in the task orderp the District will have the
option c;f amending tk? task order, issuing a new task order far the
remair,Srz of the peri,-5 or issuing a new task order for a period extenC-53 beyond tk sriginably established date,
B. Iz-pent of Coa?ensztlron
rr,ont'r-,ly to the District and payment by the District shall be made
within a reasonable period of time.
with a brief status report and shall contain the following information
for each type of compensAtion.
1.
Ckarges deterxir-eZ on the basis of this exhibit shall be billed
Monthly invoices shall be submitted
33-5
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Contract No.
I
0
Grant No,
e
1, Cost Reimbursement Basis
For the cost reimbursement portion of the compensation, invoices shall include the lfollowing: (1) each labor classificatioq,
(i.e., professional, technikal and clerical) and the total number of hours worked by employees iD that classification, (2) the calculated average direct labor rate apd the direct labor costs for each labor
classification, (3) total indirect costs and (4) each general category of other direct costs.
compensation, invoices shall include the percent of the total fixed professional fee to be paid1 each month in accordance with the tabulated
amounts shown in each Task Order,
2. Hourly Rate Basis
Fori the fixed professional fee portion of the
Invoices for services authorized on an hourly rate basis
(1) each labor category and the total shall include the following^: number of hours worked by employees in that category, (2) the hourly
billing rate and costs for each labor category, and (3) each general category of other direct costs. ,
Engineer shall accumulate all of the costs incurred pursuant
to this Agreement by each of four account numbers that have been designated for each of the grant numbers in accordance with the
following schedule and the subtasks authorized under each task order:
_I
Account
No.a
3.016-3-70
1016-240
1016-230
1016-250
2
5
3/4
1016-110-02
1016-110-05
1016-170-03.
6 1 1016-170-02
1
71 9
- ~__
1016-110-01 1016-220
1016-240
--
Description
Belt Filter Presses Bar Screens
Engines, Generators,
DAP * S
and BLowers
Secondary Collectors
Site Preparation
Secondary Facilities
Operations Building
Ma j or Facilities
1016-230
10/11 1016-250
a Account numbers repreient the grant numbers designated to accumulate charges for the indicated contracts.
B-6
5.
,. 0 0
C. Compensation Schedule
For each service authorized under this Agreement, compensation
shall be in accordance with the applicable portions of this Exhibit
and the following:
1. Basic Step 3 Engineering Services
Compensation for the Step 3 engineering services shall
be as established in the Task Orders in accordance with Article I1
of this Agreement.
As the level of effort required for these services cannot be
accurately estimated at this time, the totab compensation cannot be firmly established. The Engineer and District agree that the best
estimate of the total compensation for subtasks 1 through 13 at the time of execution of this Agreement is $880,000, It is understood
that this represents a preliminary estimate for budgetary purposes and that the actual authorized conpensation will be stipulated in
specific Task Orders,
completed prior to June 30, 1983.
The District's Project Officer shall be empowered to issue
Task Orders to the Engineer providing the accumulated total atithorized
compensation does not exceed the above budgetary anount. necessary to increase this total budget amount, then this Agreement
must be amended,
It is based on the construction period being
If it is
2. Special Step 3 Engineering Services
Compensation for special Step 3 engineering services (paragraph C of Exhibit ''A,)~ shall be agreed to at the time of
authorization. An allowanc? of $75,000 shall Be established for such special engineering services as may be authorized by the District's
Project Officer in accordance with Article 11.
be increased by amending this Agreement OF through a task order,
This allowance may
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B-7
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EXHI3fT "C"
@LES AND REGULATIONS
,
&PENlIX c- 1LREQCl I RED PROVISIOPS- CONSULTXXC ~~ccxzz~rnc IIGRLCUC~TS
1. General 2. Responsihiiity Q( the Engineer 3. Scow of Work 4. Chxnnes 5. TcrmiriaLion 6. Remedies 1. PaymenC 8. Prolcct Desfgn 9. Audit; A- fo Records 10. price HeductIon for Defectim cost or
11. SubcontracCs 12. Labor Stvrdards
13. Equal Employment OpDorCunRy 14. Utilization of Small or Nino:iey Busi-
15. Covenant Against Contingent Fees 16. Gmtuitles 17. Patents 18. Copyrighls and Rights in Dah
&tClng DRb
ness
1. C"L
ts) The opmer and the engineer agree that the foltowiFg p+vlsioilr xppIy to the 2PA gmt-e!lgibk wdrk to be performed under this agreement and thaL such provl-ions su- gersede any confltcLing provisions of this
agreement. tb) The work1 under thb agreement Ls funded in part bb a gnnt from the US. En- rlronmrntal Proteetlon .4gency. Neither the United S:ales nbr the US. Enviromen:rl Protection Agency (hereinafter. "EPil") is a party to thls akreement. This. Rgrce.*ent which covers gr~ni.eiigi3Ic work [s suttject to reyulatiors contained in 40 0% 35.936. 35.937. and 35.939 in effect on the date of execution of tHis agreement. As used In these clstises. th& Ficrds "the dRte of ex-- tion of this agrecncnt" mean the date of execution of this ugrcement and 2ny subse- quent modtlicatipn ot the terms. conrpema- tion or sccpe of services pertinent LO unper- formed;IlorL ~ (c) The ou'ner's rfghts and remedies pro- vlded in these clkuscs rtre in addltton to any other righk 3rd remedies provided by Saw
of thts agreemen,t
3. RESYOtiSlBILITY OP THE €NGIHEESa
(a) The engin-r shall be resporsibie for the professional !quality. technical accuracy. timefy compietlon. snd the coardinaLion of all designs. drawlcgs, speciffcations. re=-, and other services furnished by the engi- neer under this agreement- The engineer shall. without additional comwmlion. Cor- .rect or revise any errors. omissfoons. or othee deficiencies h h+s designs. drawiny. Spedfi- cations. reports. and other services.
(b) The englneer shall perform such pro- fessionai services as may be necessary to =- complish the cork required to be performed ,under thb agretment, In accordance with this agreement &d applicah!c EPA require- ments in effect +n the date of execution of thisagreenent (c) The owner's or EPA's approval of drawings. desigfis, speciflcatlons. reports, arid incidental e~ngioeering Xork or nateri-
al; furnished .hkreunder shall not in any
way retieve the1 engineer of reiponsi~ility for the :echnicaf ndepuacy of his work. Nei- ther the mttr's nor EPA's review. approval or ~ceptqnoe of. nor payment for. .any of the servi& shal'f be consLrued to owrate t?s a aaicer of any rfghls under tttis a-greeraent
4409 L
h
6-
i4093
cenlfied mall. rettim recelpt requested) of Intent to temlnate. and (2) nn opportunity for con~ultatlon wlth :he termlnatlng Party before tcmliiation.
(CY If the owner tcrmli!~tes for defnult. an rquftn3Ie adjustment In the prlcr procldcd lor In Lhu agreement shalt be made. but (1) no amount shall be alloaed for ant1cIpntc.d profit on unperformed scrvlces or other
work. and (2) any paycxrnt due to the rnsl- nrer &t the time of termlnntlon may be ad- Justed to the extent of any nddltlotlal cohts the owner lncurs becnuse of the englnecr's default. If the engineer terminates lor de- - fault or If the owner Lerrnlnates for conven- lencc. the cqultsbte adjustment sh311 tn- dude s reiuontlble proflt lor serulcru or Other work performed. The equitable 8d- lustrnent for any termtnntlon shall provlde for payment to the englnerr for servlces rendered and expenses 'acurred before the termlnstlon. In addltton to termlnarion set- tIemenL costs the engineer reasonably incurs relatlng to commltnenls which had become firm before the tenninat!on. (d) Wpon receipt of a termlnatton actlon under paragraphs (a) or (b) above. the end- neer shall (1) promptly disconttnue all ser- rtces affected tunless the notlce directs oth- era-lset and (2) deliver or othemke make available to the. owner all data. drawings. speclflcattons. repor&. esttmatcs. summar- fcs. and such other Ln:ormat:cn and materl- &Is as tho englneer may have accumularrd in performlng LhLs agreement. whether com- pleted or In process, (e) Dgon termlnatlon under paramphs (at or (b) above. the osl-ner may take oyer the work and prasecute the same to comple- tlori by agreement wlth another party or orhenvise. Any work the owner Crkts oter for completlon wit1 be completed at the oacer's risk. and the owner u111 hold harm- les [he ecginerr from all claims and datn- azrs ar(sing out of improper use of the ecgf- nesfs work.
tfj If. after terniinat!on for fa1:ure of the engineer to fulfill contractual oblrgations. it 'Is determined that the englneer had not sa falled. the termlnaLfon shall be deerned to have been effected lor the conveclence oP the oaner. In such ebent. adjcstment of the price provlded for In thb ag-reement shrrll be made as paragraph (c) of thls ciause pro- vldes.
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e. mza:Zs
Except BS this apr?e.zertt othen-fse pro- vides. ail clalns. c3un;er-claims. dtsputes. and other matters !n GuesLton belween the owner and the e-ginecr artsll!g out of of re- lating to thls agreemen: o,- the breach of It
will be dwlded 5y EC>iLKiCfOn if the parties hereto mutua!ly agree. or fa a COUFC of com- petent furfsdictfon xfthin :he Scak Ln which the ou?.er Is !mated.
.
7. PAYXZWT
(8) ?ament shall be mede ln accordance with the payment schedule Lncoryorated tn thb agreement as soon es practlcable upon subrntsslon of statementS requestiw pay- menL by the englneer to the owner. If no such payment schedule ls Incorporated In thb ag-reement. the payment provislons of paragraph ('3) of thls claitse shall SPP~Y. (b) The cngtneer may requesl. monthly prowess pagmenls and the owner shdl ma~e them as soan as practicable upon sub- mtsJian of statemen& rcquestlng payment
by the enyhecr Lo the owner. When siich prog-res payments nre "le. the owner may
@ RULES AND REGULATIONS
wlthhold up to ten (10) gercent of the Y~U- chered amount untll sstb:x:ory comp!ccion by the englheer of 3iork and servfces withln
8 step cnlled for undcr thls asreemc;it.
When the owner detrrmlnrs t!rst Lhe ?ark under chls agreement or any speciflcd tesk hereunder Is substantially cornplcte nod that the az/ount of retalned prrcentages ls in c~ccss 06 the mount comlciercd by h!m to be adrqusttc for his protection. he slnll rclcare to t e eng1ncr.r such exces mount. tc) No paynimt requebt rnnde under para-
graph fa1 or (b) of thfs ciause shatl exceed the estimated amount and ?.due of the work and srrvtces performed by the englneer under thls agrcemcnt. The englnerr shall prepare the cstlmntes of work prrforrned
and shall supplement the.n wlth such sup- porting dstn as the ouner msy require.
(d) Upon satisfactory compietlon of the work perfotpted under thls agreement. PJ a condition precedent'to flnal pajment under this agreedent or to settlement upon teml- natlon of tve agree.nent. the engineer shall execute and deliver Lo the owner a re!rse of all claims aght the oxner arlslng under or by virtue of this agreement. other than such c!ad. If any. 8s may be sptciricalty
exempted by the enplnrcr from the oper- ation of the release In stated amounts to be set fonh therrln.
7
8. PROJECT DESICX
(a) In the performznce of thLs agreement. the engfne r shall. to the ex:tnt practlc@ie. provide Cor maxlnum use of s:rxctures. ran- chines. producs. mater:ah. construction methods. and equipment whlch are readily available through competitlve procure.nent.
or througH standard or proven productfon technlqurs. methods. snd processes. consist- ent with 40 CFR 35.936-3 end 35936-13 Ln effect on the date of executlon of this agree- ment. except to the extent to ahich Innova- tive technology may be used under 40 Cr?
35.908 in effect on the date cf executfon of this agreement. (b) The engineer shall not. ln the pdom- ance of the work under this agreement. pro- duce s design or speciflcatlon whtch vocld require tqe use of stmctQres. mxhlnes. products. materlals. construction melha, equlpment, or processes wh!ch the engheer knows to be available only from a sole source, unless the engineer has adequately Justified the use of a sote some La writzag. <c) The engineer shall not. Ln the percorm- ance of the work under this aKeement. pro- duce a desfm or speciflcatlon whlch xould be restrlctfve ln violation of see. 20d(a)(6) ol the Ciean-Water Act. This statute requires that no speclflcation !or bids or statement of viork shkl be a-rftten in such a manner as to contain' proprleby. exclus!onary. or ;hs- crlrnmlnatory requirements other than those bused upon gerfomance. unless slich re- qulrements are necesjary to test or demon- strate a specific thing. or to provtde for nec- essary lnterchangeabillty of parts and equlpmcnq. or at lest tao hrzqd names 0: trade names of compazable quallty or utlilty are 1Lz:ed and are foI!owed by the wordi "or equal." With regard to matcrt3k. U 3 sL?g!e materlal ts speciffed. the ezgtneer must be prepsred lo substantlt\te the bash for the selection of the material. fd) The engineer shall report to the owner any sole-sowce or restrfctlve deslgn or specl- Ilcatton gfvlng the reason or reawns rhy It Is necessnrp to restrlct the des!gn or speclfi- cntlon.
'i
(c) The ene':.?eer shsll not kr-owlngly sgeclfy or approve tho prrlorrnance of work at a facility u-h!ch is In ulolrttlon of clean air or water st.w.d=& and whish Ls llsted by the Dtrwtor of the EPA Office of federal Activlllrs under i0 CFR Part 15. . ,
9. AfJJSi; ACCESS TO ?.ECORDS
fat The end!neer shall miintoln b&kscs. records. documr.nU. and other c.vfdc~ice di- rectly UcrtlncnC to pcrfnrrnancc on EPA grant work under this agreement In nccord- mcc utch generalIy accepted accounting prlnclpirs and practices consbtently 8p
pticd. and 40 CFR 30 605.39 805. ~11d 35 935- 7 In cfftc'. on the dste of execuiton of tltb nxreemcnt. The engineer sh~ll1 ais mahi- tain the fln%xial lnformrrtlon and data used by tne en$xze?: ln the preparation or sup- port of the cost submisston raqutred under
40 CFR 33.917-6tb) In effect on the date of exrcutton of thts agreement and 8 copy of the cost s~rr.~ary silbmitted to the oxmer. The US. 'i'nkkanmental Protectton 4-gency. the Co1nptro::er General of the United States. the US. Department ol Jhhor. . owner, =id [the State xater potiutfon con- trol agency1 Oi any of thelr duly authortzed representatfves shall hnve access to such books, records. documents, and cther evl- dence for inspection, audit. and copying. The engineer atll provfde proper PaciiiKles for such awes 3nd InspectJon. (b) The eng!neer ngrees to Inc€ude para- graphs (&) throurch (e) of thls clause In nil hls contracts md a11 tier sukontracts dl- rcctly related ta project gerfonnnnce that are tn excess of SlO,Oo@. tcl Audits cortducled under this provlslon shall be In 8u-ord.mct with generslly se- eepted eudttl:d standards and csmSllshed proccdurec uitl gutdrltnes or Ihe revlcwlng
ot atidit agenc) (lt:~). (d) Thy ens:l:ierr agrees to the dlxclobure of all Information and reports resulthg from sccess t~ records undcr paregraphs (a) and (b) of th:s clailse. to my of the agencks referre.1 tu lix pangraph (a). provlded thzt the er.p~i2ttr k afforded the ocportunity for an audK exit conference a?d M opportunlty to cona?enC submit any supporttng duc- umrntatlan on the pertlnent portlocu of the draft audit resort ad Chit the flnaI audit report all1 include witten co*miients of rea- sonable Ienych, If any. of the ecpinrer. (e> The endtmer shd1 makitaw and mske aVd!Ebl? rwords under paragraphs (3) and (b) of thls clause durf.cg per:ommcs on D.4 grant work under this aGeemenC and
untll 3 years from the date of find PPA grant ge>mcnC for the project. In addition. those recorcts ahich re!ate to sny "Dispute"
appeal &?der an EPA grant aareement. to 1rtlyat:on. to the settlement oi claLms arts- Ing out of such performance. cr to cos& or Items to wh!ch an audlt cxceptlon ha Seen taken, shall be maintzined id azde aval!a- hle unW 3 bears after the date of resolution of such spped. litigstlor, dah. or excrp- tiox?-
10. TBtCE ?SCCI1OH mR DZTZCTTYZ COST 0.9
PRICIHC DATA -
('Thk ciawe u applicab!r if the amount of
fhfs arlrr~n.enL ercerds.::ICO.C3@.) fnl If the ou-ner or EPA dctermlnes that 8siy prlce. Lncluding profit. neyotlrrted :n conocctiori with thh agretnient tx my cost reimburbabh uniler thb agreement 7;~ L?- crewxi by any sl&nKlcmlt sum5 becwse the engineer oc my subconirzctor furz1.Lshc.d In- complete or L?xccurzte cat or pric!:tz data
FEDEXAL REGifTEt. YOL 43, NO. laS-WEONESDAY, fEPTEZrl3E2 27, 1978
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4" e RULES AND REGULATIONS
tici5atC h the performance ol EPA grzc-.: assbtcd contractj and subcontracls. :Iroc;LTs (xhfch are suSstmtinI1y paid for
with Z?A Wnt run&). tecchn:caI ieports.
or data mf cu-rent Y certified In his certifi- ca:lon of current cost or pricing data (EPA
weratis?? ~&IUS!S. and other work submit-, form 5TOa-41). then such price. cost. or
trd %,ch a step 1 faci!ities plan or with a> profit shall be reduced iccordmgly and the
Wremcnt Shdl be fnodifled In Wfting The enpinex V;arrxr:ts thaL no person >4 ;!ep 2 QT s:cp 3 grant aapllcation or whrchl reflect such reduction sellrns agency has been employed or I+ tre s3eci:;ed to be de!lbered uzder this (b) Fstlure to agree on a reduction shd* tained to solicit or sectire ths contract up0.j ~~-P~~T~~K.c or which are developed or pro- be SUbJHc to the remedia clause of thu m agieement or understvidlns tor a co3- t1:lc.r.d zd pais for under.this agreement mklon. wrcenuge. brokerage. or coni:?, (?der& io in thb clause 85 "Sublect agreement. '
(.Vote.-&nce (he upreentent it r23ject to gent fee. excWth bona fide empl0w.T. Fu, b-atx..? e.ce subject to the righb In the =ductton under thts clat~sc by reuson olde- breafh Or vlolai!on 01 this war.'%ltY Ch> Iinitcrt States. ns set forth In subpart D of
fecfrty cost or pncinq dafa submtltcd in Omer have the right to Lh.5 49 CFT? part 30 and In appendix C to 40
conncccron mt~ certain rutxontrach. the auement *lthout IiabiliLy or d:scr* 5- part 30. !n effect on the date of execu- enplnaer mcy zish lo includz a clawz in hbn to deduct from the contract Price CF thn of ths agreement. These righu include ecch such sukonfruct requtnng the subcon- co~ideratIon. Or OLhembe reco*er. the ftxrl f!e ri;hc zo we. duplicate. lrcd d'xlose such tmciot to appmpnatzly rndemndy the mgi- amount of such co-~sston. pcrcen:ac+, dxa In whole or In part. In any
Iterr. It IS ob0 ezpvctcd any suiwontrac- brokerigc?. contingent fee. :ar sny purpose whatsoever. md LO
tor siiblecf to such indemnl/lcn?ion will pen- h3ie oche.rs do so. For RUrPQSes of thrs
t?t*xit. 'gnntee'* BS used tn appendix C ~ crully require cubstcntad!y rimrlar :ndcmni-
Jication for &/eftrue cost or pncznP data re- (a) If It k found. after notice and hearir.S, Wers t3 the engineer. If the muterial s co- urmd lo be submitted by his lower Jab. by lhe owner chat the engineer. or any o; tr/rxgncaa:e. Che enginer mzjr co~yripht it, contrcctom) , the engfneer's agenls or rrpresentntlves. 0:- % wper.dlx C permits. subject ta the righrs fered or gave gratuities (in the form ot en the Gob?rnment in appendtx C. but the tertainment. gifts. or othcrxise). to any aft!- hner inti ~ht Federal Govemmertt reserve
(ai hp subcontrsrtorj and oulside a550- Cial. ern3loyee. or agent of tho op-ner. of tk$ * rogai:)-l:ce. nonexclusive. ar.d Irrevwsble ctatpJ or eomulianls required by the end- State. or of EPA Ln an attempt to secure 3 he%e ti3 rmroduce. publish. and Gse such net.r [n Wmfftion with services under thE Contra& or favorable trratnen'l In award. Wnterta!;. in Whole or In part. and to atltho- agreement a711 be Iimlted to such fndivfd- Ing, amending, or making any determinA-. rbe others to do so. The engineer siiall tn.
ua(y or {inns as bere specificslly identifled tions relaLed to the performance of th;. 'Jude w?rqwiak? pravkions to achreve Ihs and agreed to during ncgotlations. or as the agrecment. the owner may. by WPitWp UtlrpOse of Chis condition f~ all subcontracis owner spectlfcaily auLhorizes durtng the notice to the engineer. terminate the rich: Ffwcird to produce copyrightable subitwt performance of this agreement, The o%mx of the eIlglneer to proceed under this agree- must &,e prlor approval far any substitu- ment. The owner may also pursue othr- /b) .%!I suzh subject data furnkhcd by the ttons in or addILiow to such subcontractors. rlyhts end remedies that the law cu th,; onglnt-r pursuant to Lhls agreement are In- wwtates. GI consultants. agrecmtnt provldes. However. the exfstenc-. Ctrumznts of his servlces lil respect of the (b) The enginecr may not subcontrJst ser- of the fects uwn which the ou-ner bhies Proiu:r. It 15 understood thxt the engineer vfces In excess of thlrty (301 percent (or such findings shail be in hue a..d may SE Oir~~~ not rzpfsent such subject d3r.a to be -- peercent, If the owner and the end- rev!ewed in proceedings under the :e.medt% Wi€ab!e for reuse on any other project or neer hereby agree1 of the contract price to dam of thk agrezment. rrir any other purpose. If the o-zer reuses ~ subcontrxlorr or co@suILants u;flhout the tbl In the event this ag-reernent is term:. ssS:txt dsta wtthoyt the cngmeer's sne- owner's prior written approval. nated BS provided tn pa.-giaph (a) heiecc', +ff:c %rs:ez %erif!cation or adaptatfon. such the ou-ner shall be entitfed: (1) To pursua t''ise ?:il ke at the x!;k of the onncr, with. the same remedies ag3insL the engineer as :: 'p'b? !iabil':y to the efigneer. Any such ver- To the extent that this aceemlent fn- could pursue tn the event u[ a breach ol tha ifacatron 0- a;i.tpt&tion 3'111 enc:!!e :he ene-
voIv6 "mmtmCtton" (as defined by the contrrrct by.the enzmeer. and (2) 2s a penal- Itvr to flirther com~emsi[ron 2t ra!es Secretary of [gbr). the engineer egrm ty. in addition to any other damages :c BGreed upon by the owier 2nd the er,gineer. that such mctstrurtion aork shall be subject to the follouing labor standards provisions. ry damages UI sn amount (as determined by to the extent sppiisable: the owner) which shall be not !e% tnhn 3
(31 Dav!s-Bscon Act ((0 U.S.C. 276a- nor moqe than 10 times the costs Khe ens'.-
276a-7): Mer induff In providing ZRY such gratuities fb) Con!rsct Work Hours snd Safety to any such officer or employee. Standards Act (40 U S.C. 327-333); (c) Copdmd Xnt!-IClckSsCk Act (18 W.S.C. a74 ): -4
[d) Exec.ntive Order 11146 (EUUd E!!PiOY- ment Opportunity);
and Lmplementins rules. regulatlo?? and relevant orders of tk;c Secretary of tabor or EPA. The engineer Ilwher &glees that thk agrmnent shdl include 8nQ be subject to the "Labor Stab?& PrOvislcns for Feder- ally Asked Csrstructfon Conrrxts" (EPA form 572o-i) h efrxct 1L the :me orexecu- tion oi this &Teesent.
e
15. COVW.LVf ACkINST COHTIHGW F?2S
*I&. GRAT'CIiIES
11. suEuloh-rIucTs
hta
. .
12. LABOR STASDARDS
which it may be entitled by law. to exempia- ---
19. PkT53TS
11 this agreement involves research. de'rel- opmental. experimental. or demonstratior, work 2nd any discovery or Inventlon arises or Is developed In the cowse o( or undrp thls agreemenf such invention or discovery shall be subject to the reporting and rizhts provisioh OK subpart D of 40 CrT part 30. In effect on the date of execution of this agreement. [ncludfng appendix B of part 30. In such cue. the engineer shall report the discovery or inventron t3. EPA d:rec:ly or through1 the owner. and shall otherKicc com& with the owner's resoonsfbilitfes in
t
~
.
13. mKYAL CQLOY-OPPQRITRFCW
In auordiarice ctth EPA pollcjr 8s ex- pressed In 40 CF-2. 30.425-5. the englneer agrees that he ad1 not dlscrimirutz ogainst any employee or applicant for employment becsue of ewe. reiivlon, color. sex. age. or natload 0rlg-a.
14- mKLIZ\TTOR O? SMALL ArcD M"OR!TY
BUSIKLSS
In aixordsnce wlth EPA policy as ex- pd In 40 CFR 35.936-7. the engineer wrees thatouafilied small busmess and mi-
accordance wtth subgart D of 40 CFR part 30. The englneer egrer~ tha! the disposmon of rights to inven:iom made under this agreement shall be in accordance rith the tem and conditions of appendix B Thz en- 'gineer shall Include appmpnate patent pro- visions lo achleve the purpose of thls condi- Pion in all subcontrzcts involbing rese,z.Th. developmental. euperimrntal. or demonstra tlon Tor%.
18. GOPYRCCHT'S AHD PZGhlS IN DATA
nor1t.y business enterprises shall have the (31 The engfneer agrees that any p1an.s. maylmum practicable opportunlty to piu- drawlngs. designs, ss~ecificsttons. computer
FEDE'AAL IEGISTEI, VOL 13, NO. lIB-WEDN€SDXY, SEPTE.h$:*t 17, lV8
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e
AUTHORIZATION TO PROCEED
ON
TASK ORDER NO, 1 I FOR
STEP p ENGINEERING SERVICES
THE ENCINA WATER POLLUTION CONTROL FACILITY
PHASE 111 ENLARGEMENT AND UPGRADING OF
I, Reference
In accordance with the: Master Agreement for Step 3 Engineering
Services between the vista^ Sanitation District an6 Brown and
referred to as "Master AgrFement") , the engineer is hereby
authorized to proceed with' that portion of the Step 3 Engineering
Services as hereinafter seit forth, This authorization is €or the Subtasks listed in Artlicle 11.
11, Scope of Services
CaldwelE, dated I , 1980 (hereinafter
:
I
Step 3 Engineering Serbices authorized under this task order
will be provided in support of the contracts that will. be conducted
?.wing this task order periiod, Account numbers to be charged,
contract numbers., and grant numbers to the various construction
and equipment prepurchase contracts are shown in the following table:
Contract 'No. Grant No. a Account No.
2 I 10 16- 110-02
5 10 16-llO-O5
3/4 10 l6-170-OE
6 1016-170-02
10 16-2 33
. - 10 16- 110-0 1
I 1016-220 -~
1016-240 - .A d
1 1016-230 -
Y y.
-
Description
Belt Filter Presses
Bar Screens
Engines ; Generators
DAF's
Secondary Collectors
Site Preparation
Secondary Facilities
and Blowers
Operations Building
a Accor;?t numbers r~.srtssr?~ T the grant numbers designated to accumulate
char2zs for the indicstid contracts
The subtasks authorize& under this Task Order are described in
the Master Agreement Exhibkt A, Paragraph B.
subtasks to be performed uflder this task order include the following: Specifically the
Subtask 1 Management
Subtask 2 Interpretation of Contract Documents
2.
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Subtask 3
Subtask 4
Subtask 5 Coordination Neetings
Subtask 6
Subtask 7 On-site Visits
Subtask 8
Preparation and/or Review of Supglementary Drawings
Review of Submittals aEd Test Seports
%
Assistance Regarding Change Orders ,
Witnessing Testing of Equipment
For the above subtasks only a portion of the xork will be performed
under this Task Order, Task Order, These subtasks will be completed under future
111, Time of Com.encement and Completion
In accordance with Article I1 of the Master Agreement, ae services authorized under this Task Order shall eo- *LLm€?RC€? on the
effective date of this Task Order and shall conticue through
September 30, 1980 (approximately 3 months).
IV. Compensation
In accordance with Article I11 of the Master Agreement, the
compensation for services authorized under this Task Order shall be
as defined in Exhibit B of the Master Agreement 2nd as set forth in the following schedule:
a. Equipment Contracts 2, 5, 3 and 6 (Account Xo. 1016-170)
Subtasks 1 through1 8
Basis of compensation:
Estimated cost ceiling:
Fixed professional fee:
Portion of fixed professional
fee, payable monthly
Cost reimbursement
$ 9,361
$ f,395
5. Contract 7/9, (Accbunt No. 1016-240)
Subtasks 1 through^ 7
Basis of compensation: Cost reimbursement
Estimated cost ceiling: $ 31,827
3,742 $ Fixed professional fee:
Portion of fixed professional
fee, payable monthly l/3
c. Contract 8, (Account NO, 101.6-230)
Subtasks 1, 4 and
Basis of compensatibn: Cost reiirbursement
Estimated cost ceiling: $ 2,509 e
Fixed professional I fee: $ 374
Fixed professional fee payable as lump sum on:l September 30, E980
V, - Personnel and Facilities to Accomplish Ssrvicss
The services to be provided for by this Task Order shall be
under the technical administration of the Engineer's Project Nanager
as set forth in Article VIP1 of the Master Agreement, will be provided in accordance with the cost surrrrraries described in
the fully executed Environnental Protection Agency 57QO-4l forms
for Step 3 Engineering Services dated June 3, 1980.
VI, Effective Date of this 'Authorization
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These services
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This authorization is effective on the date. it is executed by the District.
BROSJN AiiD CALDWELL
3Y
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VISTA SiZtUITATION DISTRICT
BY - Encina General Manager
Date