HomeMy WebLinkAbout1978-07-04; City Council; 5463-1; Agreement Preparing Biological Components of Application for Modification of Secondary Treatment Requirement for Discharge into Marine Waters by Encina Water Pollution Control Facilityc CITY OF CARLSBAD
AGENDA BILL NO. v5~J - t^t^o ji^^^ */ Initial:— -*'We*mf~~ Dept. Hd
DATE: July 4 - 1978
C. Atty.J/§3_
DEPARTMENT; Water Pollution C. Mgr.
SUBJECT: Agreement for Preparing Biological Components of an Application for Modifica-
tion of Secondary Treatment Requirement for a Discharge into Marine Waters by the Encina
Water Pollution Control Facility.
Statement of the Matter
At a special meeting on June 21, 1978, the Encina Joint Advisory Committee reviewed a pro-
posal from Planktonics for marine biologist services in connection with filing an applica-
tion for modification of secondary treatment requirements.
The contract is an important part of preparing an application to the EPA justifying meet-
ing a lesser degree of treatment than now required by Federal Law. The savings to the
Encina Agencies in meeting the lower standard could be as much as $4 million in construc-
tion cost alone.
Exhibits
A. Minutes of the June 21, 1978 JAC meeting.
B. Resolution No.vj"'*/7& approving the agreement with Planktonics for preparing biolo-
gical components of an application for modification of secondary treatment require-
ments for a discharge into marine waters by the Encina Water Pollution Control Facility.
Recommendation
If Concil concurs, they should adopt Resolution No. ^~^/ 7fo authorizing and directing
the Mayor to execute the agreement with Planktonics for preparing biological components
of an application for modification of secondary treatment requirements for a discharge
into marine waters by the Encina Water Pollution Control Facility.
Council action:
7-5-78 Resolution No. 5476 was adopted, approving an agreement between
the City of Carlsbad and Planktonics for preparing biological
components of an application for modification of secondary
treatment requirements for a discharge into marine waters by
the Encina Water Pollution Control Facility.
G
ENCINA JOINT POWERS
MINUTES OF THE SPECIAL JOINT ADVISORY COMMITTEE MEETING
HELD ON WEDNESDAY, JUNE 21, 1978
AT THE
ENCINA WATER POLLUTION CONTROL FACILITY CONFERENCE ROOM
Ed Stiles, Chairman Stanley Mahr, Vice Chairman
1. CALL TO ORDER
Vice Chairman Stanley Mahr called the meeting to order at 10:15 A.M.
ROLL CALL
Present;
Vista Santitation District
City of Carlsbad
San Marcos County Water District
Leucadia County Water District
Encinitas Sanitary District
County of San Diego
JAC Administrator
JAC Counsel
Encina Joint Powers
Absent:
Buena Sanitation District
Guests;
Blade Tribune
County of San Diego
Leucadia County Water District
Joe Zapotocky, Dan Carr
Mary Casler, A. J. Skotnicki
Jim McKay, Stanley Mahr
Dick Hanson, Stan Van Sickle
Mark Schneider, Jack Filanc
Jim Frandsen
Ron Beckman
Roy H. Gann, Esq.
Les Evans
Ed Stiles, Bill Dominguez
Jim Esterbrooks
Keith Boger, Gary Decker
Eric Elliott, Regina Ash
2. CONTRACTS FOR PREPARING APPLICATION FOR MODIFICATION
Vice Chairman Mahr asked Mr. Evans to present the agenda item. Mr.
Evans reviewed the status of the Proposed Regulations for Applica-
tion.
JOINT ADVISOI^SPECIAL COMMITTEE MEETING
MINUTES - JUNff^l, 1978
He explained that Final Rules and Application Procedures have not
yet been published and that, under the Proposed Rules, Encina
could not meet the requirements for modification. He added that
there was not enough time to perform all the tests required in the
Proposed Procedures before the September 24, 1978 deadline and
that the costs of preparing the application would probably not be
grant eligible.
Mr. Skotnicki questioned why we would not be able to meet the re-
quirements for modification.
Mr. Evans explained that the Proposed Rules would require that En-
cina be able to meet the treatment standard of the California Ocean
Plan without any upgrading of the existing process. Complying with
the Ocean Plan would require some upgrading, although less than
full secondary.
Mr. Evans then outlined three alternatives (1) not apply for the
application; (2) submit an application based primarily on existing
oceanographic information; or (3) enter into an intensive oceano-
graphic testing program and attempt to develop as complete an ap-
plication as possible. The costs of alternatives (2) and (3) were
estimated at $25-30,000 and over $100,000 respectively. Mr. Evans
recommended that alternative (2) be pursued through several contracts.
Mr. Evans then introduced four proposed contracts for assistance to
the Encina Agencies in preparing the application.
a. CALIFORNIA ANALYTICAL LAB FOR TESTING
The first contract proposed by Mr. Evans was for the laboratory
analysis portion of the application. The cost of the service
was estimated by California Analytic Lab in Sacramento at $1,600
per sample for organic testing. Mr. Evans indicated that at
least two samples would be necessary plus more extensive test-
ing of those pollutants found to be present in the Encina in-
fluent.
Mr. Evans recommended that the City of Carlsbad be asked to pre-
pare a purchase order for chemical testing, in accordance with
the applicable fee schedule, at a cost not to exceed $5,000.
b. PLANKTONICS FOR MARINE BIOLOGIST
The second contract introduced by Mr. Evans was for marine biol-
ogist services. The work would consist of preparing the biolo-
gical assessment portions of the application and the monitoring
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JOINT ADVISOR^pgPECIAL COMMITTEE MEETING
MINUTES - JUttfC*!, 1978^
program. The firm of Planktonics in San Rafael was recommended
by Mr. Evans to perform this work. He indicated that Mr. Eric
Elliott (LCWD), who is himself a biologist, had reviewed the
qualifications and felt that they were well suited to perform
the required service.
Mr. Evans recommended that the City of Carlsbad be authorized
to contract with Planktonics for biological assessment services
on a time and materials basis at a cost not to exceed $10,000.
C. SAN DIEGO COUNTY FOR INDUSTRIAL WASTE PLAN
The third contract for preparation of the application was pro-
posed by Mr. Evans to be entered into with San Diego County.
Mr. Decker of the Industrial Waste Division of the Department
of Sanitation and Flood Control indicated that he could prepare
the industrial waste portion of the application at a cost of
only a few thousand dollars.
Mr. Evans recommended that we authorize the above work,
d: BROWN AND CALDWELL FOR OCEAN OUTFALL EVALUATION
The fourth and final contract introduced by Mr. Evans concerned
physical assessment of the ocean outfall. He indicated that the
work to be accomplished required computer simulation of initial
dilution under various current, salinity, wind, flow and biolo-
gical conditions.
Mr. Evans recommended that Brown and Caldwell be authorized to
perform this service under the Special Engineering Services
section of the Step 2 Agreement at a cost not to exceed $5,000.
Mr. Zapotocky asked if the Regional Board would have any input into
the application for modification. He wanted to know if our solids
handling problems would also affect our application for modifica-
tion.
Mr. Evans indicated that the RWQCB input would be limited to water
quality considerations and not odors insofar as the application.
Mr. Schneider asked if anyone had considered how much money would be
saved if the application for modification were successful.
Mr. Evans indicated that it would probably eliminate the need for
one-half of the secondary processes, saving the majority of the local
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JOINT ADVISORY SPECIAL COMMITTEE MEETING
MINUTES - JUNE W 1978
share of non-grant eligible costs. He guessed that it might mean
as much as six or seven million dollars.
Mr. Schneider moved that the General Manager be authorized to pro-
ceed with the proposed contracts for preparing the application for
modification. Ms. Casler seconded the motion which was unanimously
adopted.
There being no further businss, the meeting adjourned at 11:00 A.M.
Respectfully submitted,
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Les Evans
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RESOLUTION NO. 5476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND PLANKTONICS FOR PREPARING BIOLOGICAL COMPONENTS
OF AN APPLICATION FOR MODIFICATION OF SECONDARY TREATMENT
REQUIREMENTS FOR A DISCHARGE INTO MARINE WATERS BY THE
BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows :
1. That that certain agreement between the City of Carlsband and Plank-
tonics for preparing biological components of an application for modification
of secondary treatment requirements for a discharge into marine waters by the
Encina Water Pollution Control Facility, a copy of which is attached hereto,
marked Exhibit "A", and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and di-
rected to execute said agreement for and on behalf of the City of Carlsbad.
an adjourned
PASSES, APPROVED AND ADOPTED at / regular meeting of the City Council of
the City of Carlsbad, California, held on the 5th _ day of July _ (
1978, by the following vote, to wit:
AYES: Councilman Packard, Skotnicki, Anear, Lewis and
NOES: None
Councilwoman Casler
ABSENT: None
22 RONALD C. PACKARD, Mayor
ATTEST:
24
Margaret E. Adams
25 MARGARET E. ADAMS, City Clerk
By:/_
(SEAL) Deputy City Clerk
c
AGREEMENT FOR PREPARATION OF BIOLOGICAL
COMPONENTS OF AN APPLICATION FOR MODIFICATION
OF SECONDARY TREATMENT REQUIREMENTS FOR A DISCHARGE
INTO MARINE WATERS BY THE
ENCINA WATER POLLUTION CONTROL FACILITY
IN THE CITY OF CARLSBAD, CALIFORNIA
THIS AGREEMENT made and entered into as the 5th day
of July , 1978 by and between PLANKTONICS hereinafter
referred to as "Consultant" and the CITY OF CARLSBAD, hereinafter
referred to as "City".
WITNESSETH:
WHEREAS, the City is Administrator of the contracts for the
approved budget of the Joint Sewer System; and
WHEREAS, the City has been authorized by the Encina Joint
Advisory Committee to contract for marine biologist services for
preparing an application for modification of secondary treatment
requirements at the Encina Water Pollution Control Facility; and
WHEREAS, the firm of PLANKTONICS has submitted a proposal in
writing to perform the consulting services; and
WHEREAS, it is advantageous for the City to retain the services
of PLANKTONCIS as Consultant to perform the services in the manner,
•*
at the time, and for the compensation set forth herein; and
WHEREAS, the professional personnel whose services are available
for work in performance of the services herein and the approximate
numbers of manhours required for each are as follows:
— T —
o
BIOLOGY SERVICES Approximate
Manhours
Labor Category
Task 1
Principal Biologist 32
Assistant Biologist 0
Task 2
Principal Biologist 64
Assistant Biologist 40
Task 3
Principal Biologist 24
Assistant Biologist 0
Task 4
Principal Biologist 24
Assistant Biologist 0
Task 5
Principal Biologist ' 24
Assistant Biologist 24
Task 6
Principal Biologist 40
Assistant Biologist 24
Task 7
Principal Biologist 8
Assistant Biologist 0
Task 8
Principal Biologist ' 24
Assistant Biologist 0
Task 9
Principal Biologist 16
Assistant Biologist 0
Task 10
Principal Biologist 24
Assistant Biolocrist 0
NOW, THEREFORE, City and Consultant agree as follows:
I. Scope of Consultant's Services
Consultant agrees to perform those services which are more
particularly described hereafter. Unless modified in writing by the
party to be charged, duties of Consultant shall n6t be construed to
exceed those services specifically set forth herein.
The work to be included hereunder shall be the work necessary
for the preparation of the biological component of an application to
the EPA and SWRCB for modification of the requirements for secondary
•
treatment in accordance with Section 44 of the Clean Water Act of 1977.
(P.L. 95-217).
A. Consultant Services
Consultant agrees to perform those tasks described in Exhibit
"A", which is attached hereto and incorporated herein by reference.
Compensation for agreed services shall be as provided in Exhibit
"B", which is attached hereto and incorporated herein by reference.
•II. Authorization, Progress and Completion
Specific authorization to proceed with the work described in Exhibit
"A" shall be granted in writing by the City. The Consultant shall not
proceed with the work without such authorization. Such authorization
shall set forth the date of commencement of the work and the schedule
of progress and completion.
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For special consulting services, the authorization by the
"City shall be in writing and shall include the definition of
the work to be done, the schedule for commencing and completing the
work and the basis for compensation for the work.
III. Compensation
For the services described in Exhibit "A" which are to be performed
by the Consultant, the City agrees to pay, and the Consultant agrees to
accept, compensation in accordance with the schedules set forth in
i Exhibit "B". Compensation of non direct salary costs shall be as set forth
in the written authorization for special services or as specifically
detailed in Exhibit "B".
IV. Responsibility Of Consultant
The Consultant is employed to render a professional service only
and any payment made to it is compensation solely for such services as
it may render and recommendations it may make in connection with
•
preparation of the biological component of the application for waiver
of secondary treatment. The Consultant makes no warranty, either
expressed or implied, as to its findings, recommendations, specifications
or professional advice other than they were promulgated following a
practice usual to the Consultant's profession. The Consultant makes no
warranty or representation as to his ability to obtain or assist in the
obtaining of a waiver as contemplated herein other than Consultant will
use his professional skills in attempting to do so.
The Consultant .shall indemnify and hold the City and all of its
Officers, principals, agents and employees harmless from any liability
for injuries to persons or damage to property which arise from negligent
acts by the Consultant in performing services under this Agreement.
V. Integration
This Agreement represents the entire understanding of City and
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Consultant as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with
respect to those matters covered hereunder. This Agreement may
not be modified or altered except in writing signed by the party
to be charged.
VI. Ownership of Documents
Any plans, studies, sketches, drawings, graphics, reports or
data supplied, as herein required, are the property of the City.
In the event this contract is terminated, any documents, graphics,
reports, data and drawings shall be delivered forthwith to the
City:.'
VII. Subcontracts
Consultant shall be entitled, to the extent determined app-
ropriate by the Consultant, to subcontract any portion of the work
to be performed under this project. Consultant shall negotiate and
administer subcontracts in accordance with Provision 11 of Appendix
C-l to 40 CFR Part 35, Subpart E as published in the Federal Register
on December 29, 1976. The Consultant shall be responsible to the
City for the actions of persons and firms performing subcontract work.•
At the time subcontracted services are anticipated, the
Consultant shall notify City of the nature of and need for such
services and identify the proposed subcontracting firm. The Con-
sultant must receive written approval from the City prior to
utilization of any subcontractors.
o
The Consultant is authorized by the City to subcontract work
having a cost which will not exceed 40 percent of the total amount
of compensation due under this Agreement. In the event Consultant
desires to subcontract work having a cost in excess of 40 percent,
the work shall be subject to the approval of the City and this
Agreement shall be amended.
VIII. Assignment of Contract
The Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder without the
prior written consent of the City.
IX. Subcontracting
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, he shall be fully
responsible to the City for the acts and omissions of his subcontractor
and of the persons either directly or indirectly employed by the sub-
contractor, as he is for the acts and omissions of persons directly
employed by him. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of the Consultant
and the City. The Consultant shall bind every subcontractor and every*
subcontractor of a subcontractor by the terms of this contract applicable
to his work unless specifically noted to the contrary in the subcontract
in question approved in writing by the City.
X. Prohibited Interest
No official of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take part
in negotiating, making, accepting, or approving of any architectural,
engineering inspection, construction, or material supply contractor,
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or any subcontract in connection with the construction of the project
shall become directly or indirectly interested personally in this
contract or in any part thereof.
XI. City's Project Officer
The City's Project Officer, who shall be empowered to act for
the City in accordance with the provisions of this Agreement, -where
such acts are not contrary to law or City ordinance, shall be the
General Manager of the Encina Water Pollution Control Facility or as
appointed by the City.
XII. EPA Required Terms and Conditions
The "Required Provisions - Consulting Engineering Agreements"
as published in the Federal Register dated December 29, 1976 as
Appendix C-l to Part 35 of Title 40 of the Code of Federal Regulations,
are attached hereto and incorporated herein by reference as Exhibit
"C" -, Engineer therein shall include Consultant as used herein.
XIII. Effective Date
This Agreement shall be effective on and from the day and year
first above written.
WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
RONALD C. PACKARD, Mayor
PLANKTONICS , a sole proprietorship
APPRO VED-A'S" TO FORM:
VINCENT F. BIONDO, JR. ~
City Attorney
APPROVED AS TO FORMJ
VINCENT F, BIONDO, JR., City. Attorney
By
By,
Paul S. Cook, Assistant -7-
Task 1. Understanding of the Criteria and Procedures Developed by the EPA
At the present many questions exist concerning the interpretation
of portions of the proposed application as well as the amendments of the
Clean Water Act. My close contact with the 1977 changes in the Clean
Water Act began with their inception as bills in the House and Senate
and followed them through House-Senate Conference to final passage and
signing in December, 1977. Following detailed review of the proposed
rules I have gained added understanding of the application requirements
th'rough telephone conferences with staff of EPA in Washington, D.C.,
of Region IX, and of the State Water Resources Control Board.
Information of a biological nature is required at six points in the
waiver application. Because Final Regulations will not be published until
•July, a small time will be required during that month to assure a complete
interpretation of the new regulations.
Task 2. Review of Available Data
The past studies which the Encina Joint Powers' Regional Sewerage
Agency or its predecessors have had conducted will quickly form the base
information for the waiver application. Additional sources of past
studies which could potentially provide data for use in the application
include Dr. Wheeler J. North (kelp biologist), Scripps Institute of
Oceanography, the Southern California Coastal Water Research Project
(SCCWRP), San Diego Gas and Electric Company, California Department of
Fish and Game - Long Beach and Sacramento Offices, Bureau of Land Management
Outer Continental Shelf Program, San Diego County Flood Control, the
State Water Resources Control Board, and the San Diego Regional Water
Quality Control Board. Each of the previous sources will be investigated
to the fullest extent."
Task 3. Preliminary Preparation of the Application to Determine Data Gaps
Preparation of the application in a preliminary form will actually
.take place simultaneously with Task 2 and should make apparent any types of
EXHIBIT "A" A-l
information which are not currently available to the Agency but are
required in the application and therefore should be included in an
immediate short-term study or collection of data.
Task 4. Coordination of Short-Term Biological Sampling with Physical
andChemical Sampling
If significant gaps of data on the EWPCF outfall can be corrected
by a short-term sampling program during July, August, and/or the first
two weeks of September, then that data collection and analysis would be
accomplished at the same time and with the same facilities as any physical/
chemical data which is needed. Let me stress, that the purpose of such a
short-term sampling program would be only to fill gaps of information
which would either greatly enhance the application and its opportunity
for approval by EPA or which would hinder its chance for approval if not
*included.
Task 5. Data Analysis
•»
Analysis of any data which had been collected during July, August
and September would be completed and its significance included in the
waiver application technical information.
Task 6. Preparation of Biological Sections of Application
Information of a biological nature is required at six points in the
waiver application. Two of these are major sections unto themselves:
(1) Appendix XII - Biological Conditions Summary and (2) a Biological
Monitoring Program Plan. The remaining four are responses to questions
concerning the effects of physical or chemical conditions on the biological
community near the outfall. Work products for the first two will provide
complete sections for the waiver application and for the latter four will
be provided in a form which can be automatically inserted into the
application.
A-2
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Task 7. Presentation of Findings to Encina Joint Powers Sewerage
Agency Board
Approximately two weeks before the September 24, 1978 deadline
for EPA receival of waiver application, the completed biological portions
of the application would be presented to the Agency Board for their
comments and questions. I would expect this to be true also of the total
application.
Task 8. Coordination with EWPCF Staff and Other Consultants
A savings of significant amount can be accomplished for the Agency
through close coordination of the EWPCF staff and all consultants on the
physical, chemical,-and biological portions of the application preparation.
My past consulting experience with County Public Works Departments,
Sanitary Districts, Water Supply Districts, State and regional agencies,
and engineering consulting firms provides the basis for my recognized
project coordination and direction abilities.
Task 9. Representation of Biological Components of the Board's Waiver
Application to the Environmental Protection Agency
In order to assure the fullest consideration for this waiver
application, representatives who have prepared the application components
should present those to a Region IX staff person. A clear, concise
presentation of the effects which the EWPCF discharge has had on the
marine environment should facilitate EPA's comprehension of the waiver
application, bring it specifically to their attention, and hopefully
result in a speedier decision on its status. I would provide a presen-
tation of the biological components of the application at either the
San Francisco, Region IX, EPA Office, or in the San Diego area per your
choice.
A-3
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Task 10. Response to Requests for Additional Information
The proposed rules for the waiver application make clear EPA's
option of requesting additional information after the September 24, 1978
deadline. I would be available for clarification of materials, responding
to questions and further discussions as requested by EPA.
A-4
EXHIBIT "B"
COMPENSATION
A. Compensation
Compensation for services to be provided by Consultant as set forth
in Exhibit "A" of this agreement shall be in accordance with the method
described in this exhibit and the specific amounts set forth herein. The
compensation shall be on the hourly rate basis.
1. Hourly Rate Basis
Compensation for each phase of the work or consulting service
authorized on an hourly rate basis shall be the sum of direct salary
costs and direct non-salary costs, as herein defined.
a. Direct Salary Costs
Direct salary cost shall be the total number of hours
worked on the job by each biologist's times an hourly billing
rate for such biologist's labor category. The hourly billing
rate for each employee category shall be in accordance with
the rate schedule.
b. Direct Nonsalary Cost
Direct nonsalary cost shall be actual costs and shall
include the following:
(1) Services directly applicable to the work such as typing,
computer rental and programming costs, special consultants,
borings, laboratory, charges, commercial printing and binding,
and similar costs that are not appliacable to general overhead.
(2) Identifiable reproduction costs applicable to the work
such as printing or drawings, photostating, multilithing,
printing and similar costs.
Page 1 of Exhibit "B"
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(3) Identifiable communication expenses such as long
distance telephone, telegraph, cable, express charges,
and postage other than for general correspondence.
(4) 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 rate of 20 cents per mile.
(5) Graphics as necessary for preparation of the biological
component of an application for waiver of secondary treatment.
(6) Subcontracted Services.
Compensation for any consulting service on an hourly
rate basis shall not exceed the price ceiling listed in the
compensation schedule 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 approval by the City's
Project Officer. In the event the entire scope of work
provided for under an hourly rate engineering service is not
completed within the cost ceiling established for such service,
Consultant shall continue with all or any part of the work
for which an increased cost ceiling is established, but not
otherwise.
2. Limitation of Cost and Time
It is estimated that the price ceiling given in Paragraph C of
this Exhibit and the time for completion given in the authorization will
not be exceeded. The Consultant agrees to use his best efforst to
perform the work specified in Exhibit "A" of this agreement within the
estimated cost and time of completion. If, at any time, Consultant has
Page 2 of Exhibit "B"
reason to believe that the price ceiling will be greater or substantially
less than the then ceilings indicated in Paragraph C, the Consultant shall
notify the City in writing to that effect. The notification will state
the revised price ceiling for performance of the services and, if
applicable, the revised time for completion. Such notification will be
submitted to the City at the earliest possible date and in no event later
than 30 days prior to scheduled completion of the work.
The City shall not be obligated to reimburse the Consultant for
costs incurred in excess of the estimated price ceiling set forth in
Paragraph C. The Consultant shall not be obligated to continue per-
formance under the agreement or otherwise incur costs in excess of the
estimated price ceiling set forth in Paragraph C, unless and until the
City shall have notified the Consultant in writing that such estimated
price ceiling has been increased and shall have specified in such notice
a revised estimated price ceiling which shall thereupon constitute the
estimated price ceiling for performance of this agreement.
If, after notification, additional funds are not allotted by the end
of the period scheduled for completion, or an agreed date substituted
therefor, the City will, upon written request by the Consultant, terminate
.this agreement pursuant to the provisions of the termination clause.
The termination date shall be the originally scheduled completion date or
an agreed date substituted therefor. If the Consultant, in the exercise
of his reasonable judgment, estimates that the funds available will
allow him to continue to perform services covered in this agreement for
a period extending beyond such date, he shall specify the later date in
his request, and the City, at his discretion may terminate this agreement
at that later date.'
Page 3 of Exhibit "B"
C
Notwithstanding anything to the contrary in this agreement,
the total cost to City for performance by Consultant as required
herein shall not exceed $10,000.00
B. Payment of Compensation
Charges determined on the basis of this Exhibit shall be billed
and paid in three parts, as follows:
(a) Upon completion of Tasks 1, 2 and 3 as set forth in
Exhibit "A" to this agreement, Consultant shall submit
a billing to City therefor, and payment shall be made
by City within a reasonable time thereafter.
(b) Upon completion of Tasks 4 to 7, inclusive of Exhibit
"A" attached to this agreement, Consultant shall submit
a billing to City therefor, and payment shall be made
by City within a reasonable time thereafter.
(c) Upon completion of Tasks 8, 9 and 10 set forth in Exhibit
"A" of this agreement, Consultant shall submit a billing
to City therefor, and payment shall be made by City within
a reasonable time thereafter.
Each billing from Consultant shall contain the following information:
(1) Each labor category and the total number of hours worked
by employees in that category.
(2) The hourly billing rate and costs for each labor category.
(3) Each general category of other direct costs.
Page 4 of Exhibit "B"
C. Compensation Schedule
For each consulting service authorized under this agreement,
compensation shall be in accordance with the applicable portions of
this Exhibit and the following schedule:
(1) Professional Services of Biologists
Cost Reimbursement:
Basis of Compensation:
Principal Biologist
Assistant Biologist
Cost Ceiling
(2) Direct Nosalary Cost
Estimated Total Costs
Hourly Rate
$ 25.00
$ 12.00
$8,056.00
Cost Ceiling
$1150
$1150
Page 5 of Exhibit B
C EXHIBIT "C"
RULES AND REGULATIONS
Title 40—Protection of Environment
CHAPTER I—ENVIRONMENTAL
PROTECTION AGcNCY
StIOCHAPTER D—GRANTS
|FIU, C55-2|
PART 35—STATE AND LOCAL
ASSISTANCE
Subaereaments Under Grants for Con-
struction of Treatment Works; Technical
Amendments
APPENDIX C-l
PROVISIONS— CONSULTING
KNCINEOUNO AtHEEMfNTS
I. General.
•2. Responsibility of the engineer.
3. Scope of work,.
4. Changes.
6. Termination.
0. Hemedlea.V. Payment.
B. Project design.
0. Audit; access to records.10. Price reduction lor defective cost or
pricing data.
II. Subcontracts.
13. Labor standards.13. Equal employment opportunity.
14. Utilization of tmall or minority busi-ness.
•16. Covenant against contingent fees.
1C. Gratuities.
17. Patents.
16. Copyrights and rights In data.
* 1. GENERAL
. (.a) The Owner and the. Engineer agree
that ths following provisions shall apply to.the EPA grant-eligible worn to be performed
under this agreement and that such pro-visions shall supersede any conflicting pro-
Visions of this agreement,
(b) The work under this agreement Is
funded In part by b grant from the U.S. En-vironmental Protection Agency. Neither the
United States nor the U.S. Environmental
Protection Agency (hereinafter, "EPA") Is a
party to this agreement. Thin agreementwhich rovers grant-eligible work Is subject
to regulations contained in 40 CFft 35.936.
35.037, and 35.939 In effect on the elate of
execution of this agreement. As used In theseClausen, the word* "thu date of execution of
this agreement" mean the date of cxecu'.lpn
Of this agreement and any subsequent
modification of the terms, compensation or
scope of services pertinent to unperformedwork.
(c) The rights and remedies of the ownor
provided for In these clauses are In addition
to any other rights and remedies provided
by law or under this agreement.
2. itr.spoNsiaii.rry OF TUB ENGINEER
(a) The Engineer shall be responsible for
the professional quality, technical accuracy,
timely completion, anil the coordination of
all designs, drawings, specification*, reports,
and other services furnished by the Engineer
under this agreement. The Ln^tatt-r sliaU.
without additional compensation, correct orrevise any errors, omissions or other or.clen-
clcs in his dt-Mgtis, drawings, tpeclnca-.lons.
reports and other .services.(b) The Engineer Khali perform such pro-
fessional services as nmy be necessary to ac-
complish the work required to b« performed
under this agreement, In accordar.ce with
this agreement and applicable EPA require-
ments In effect on the date of execution of
this agreement.
(c) Approval by the Owner or EPA of
drawings, designs, specifications, reports, andIncidental engineering work or materials fur-
nished hereunder shall not In any way re-
lieve the Engineer of responsibility for thetechnical adequacy of his work. Neither tha
Owner's nor EI'A's review, approval or tc-
ccptance of. nor payment for, auy of tfc* serv-
ices shall be construed to operate a.i a waiverof any rights under this agreement or oi aj-.y
cause of action arising out of the p*rfonn-ance of [his Agreement.
(d) The Engineer shall be aad remain li-
able In accordance with applicable Itw for
all damages to the Owner or EPA caused by
the Engineer's negligent performance of any
of the services furnished undftr this tu'ree-
ment, except for errors. oml.^>lon-i or ctr.er
deficiencies to the extent attributable to theOwner, Owner-furnished data or an/ tal.-cl
party. The Engineer shall not be responsible
lor any time delays In the pioject oiUicO, bycircumstances beyond the Engineer's cor.:rc!.
Where new or-advanccd processes, method* or
technology (see 40 CtTl 35.908) are rfcom-mended by the Engineer and are utilized, the
Engineer shall be liable only for srcis negli-
gence to the extent of uuch utilization-
3. SCOPE Of WORK
The cervices to be rendered by the Engineer
shall include all services required to com-
plete the task or Step in accordance with kp-pllcable EPA rcyulitUons (40 CFTt Pir-. jj,
Subcnrt £ in effect on the.dace of execution
of this agreement) to the extent of the scop*of work as denned tuad set out In the engi-
neering services agreement to which thtte
provisions are attached.
4. ClIANOCS
(a) The Owner may, at any time, by writ-
ten order, mttke changes within the giueralscope of this agreement In the services cr
work to be performed. If &uch changes c.\u«ian Increase or decrea.se. In the Enjrlr.ser'B
cost of, €>r time required for, performance ofany services under this agreement, whether
or not changed by any order, an equitable
adjustment shall be made and thU t.^ree-
ment shall be modltled In wrltu:^ ooccrxl-
ln,;ly. Any claim of the Engineer for ad;\i.->t-niL-nt under thLs clause mu.il be- a^er*.*<l l:i
writing within 30 days from the d*t« of re-ceipt by the Engineer of the notlttca'-ion of
Change unless the Owner i;raiua a further
period of tlnm before !i.e date of final pay-
ment under this agreement.
FEDERAL REGISTER, VOl 41, NO. 551—WfONESDAf, DECEMBER 29, 1976
C-l COPY
c
RULES AND REGULATIONS
<l>l Ho services (or which an additional
will b» charged by tho Kngl-
b« furnUhed without the writ ton
of ua» Owner.
(e) In the event that there la t, modifica-tion of EPA requirement* relating to the
horvlcx* to be performed under UiU agree-*
mciit outwoquent to the date of exceutlou of
this. agreement, the incroasad or decreasedcost of performance of the service* provided
for. In this agreement shall bo reflected in anappropriate modification of thu agreement.
6. TVKMINATIOlf
(ft) This agreement may be terminated in
whole or lu part In writing by either party inthe event of substantial failure by the other
party to fulfill its obligations under thl*agreement through no fault of the torralrxaU
lug party: Provided, That uo such tarmlna-
tlon may be effected unlusa the other partyis tflven (1) not less than ten (10) calendar
(lays written notice (delivered by cortilledmill, rot urn receipt requested) of intent to
terminate tnd (it) an opportunity for con-
sultation wlta the terminating party prior
'to termination.
<b) This agreement may be terminated inwhole or in part la writing by the Owner
for 1U convenience: f'rovtded, That such
termination 1> for good cause (such as tor
JegaJ or financial reasons, major changes In(he work or program requirement*. Initiation
of a new Step) and that tho Engineer is given(I) not less than tea (10) calendar days
written notice (delivered by certified mall,return receipt requested) of Intent to termi-
nate <vnd (2) an opportunity for consulta-
tion with the terminating party prior totermination.
(c) If termination for default Is effectedliy the Owner, an equitable adjustment in
the pricft provided for la this ngieement nhallbft mode, but (1) no amount shall b« allowed
for anticipated profit on unperformed serv-
ice* <>r other work, and (2) buy payment dueto the Engineer at tho time of termination
may lie adjusted to the extent of any addi-tional coau occasioned to the Owner by rea-
son ol the' Engineer's default. If terminationfor clclault La effected hjr the Engineer, or if
termination for convenience la oirected bythe Owner, the equitable adjustment ohall
Include a reasonable profit for services or
other work performed. The equitable adjust-ment for any termination shall provide for
payment to the Engineer for sorvlceu ren-dered urid expenses Incurred prior to the
termination, in addition to termination set-
tifm^nt costs rpiwsi*!** !j^c*irro^ by the En-ftYncer relating to commitment* which had
become firm prior to Uie termination.(d) Upon receipt of » termination action
pursuant to paragraphs (a) or (b) above, theEngineer shall (1) promptly discontinue alltrrvirei Affected (unless the notice direct*
bthuiwite). end (2) deliver or otherwise make
available to the Owner all data, drawings,npecincAttons, report*, estimates, summarlefl.nnd Mich other Information and materitUs as
may hnve been accumulated by the EngineerIn performing thla agreement, whether com-
pleted nr in process.(o| Upon termination pursuant to para-
(,'caphs (a) or (b) above, the Owner may takeover the work and prosecute the same to
completion by agreement with another party
or otherwise. Any work taken over by theOwner for completion will bo completed at
the Owner'* rU*. and th» Owner will hold
liarmlat* the Engineer from all clalma andclAjiuxea nrUing out of Improper UM of the
Engineer's work.
(I) If. after termination for failure of _th*
Engineer to fulfill contractual obligations. Itis determined that the' Engineer had not B<>
failed, the termination vhall be deemed t-»
have been effected for the convenience of the
Owner. In (such event, ndjti&tiaent of theprice pri>vldc>d for In thin agreement shall b»
mode fta provided in paragraph (c) of thisclause;
6.
Except M may b« other-win* provided tuthla agreement, all claims, counter-claims,
disputes &nd other matters in question be-
tween tho Owner nnd tho Engineer ftrlutugout of or relating to thin agreement or the
breach thereof will be decided by arbitrationIf the parties hereto mutually agree, or in n
court of competent JurUxlictlon within theState in which the Owner 1» located.
7. PAYMENT
(a) Payment aliall be made In accordancewith the payment schedule Incorporated lu
thla agreement us soon as practicable upon
submission of statements requesting pay-
ment by the Engineer to the Owner. If noeuch payment cchedule la Incorporated in
thlj agreement. tho payment provisions, or
paragraph (b) of this clause shall apply.
(b) Monthly progress payments may be re-quested by the Engineer mid shall be mada
by the Owner to the Engineer na soon as prac-ticable upon submission of statements re-
questing payment by the Engineer to theOwner. When such progress payments ure
made, tha Owner may withhold up to tenpercent of the vouchered amount until sat-
isfactory completion by the Engineer of workand cervices within a Step called for tinder
thiM agreement. When the Owner determinesthat tho work under this agreement or any
spocltled task hereunder is substantiallycomplete nnd that the amount of retained
percentages is In excess of the amount con-sidered by him to be adequate for the pro-
tection of the Owner, ho shall release to theEngineer sucit excises amount.
(c) No payment request made pursuant toparagraph (a) or (b) of thla clause shallexceed the estimated amount and value of
the work and services performed by the Ku-fitnocr under this agreement, which esti-
mates thull be prepared- by the Engineer andsupplemented or accompanied by such, sup-
porting data AS' may be required by theOwner.
(d) Upon satisfactory completion" of thowork performed hereunder, And prior to anal
payment under this agreement for cuchwork, or prior settlement upon termination
of the agreement, nnd as a condition prec-edent thereto, the Engineer shall execute
and deliver to the Owner n release of allcl.ilms agalnftt the Owner arising under or by
virtue of this agreement, other than truchclaims, if any, us may. bo specifically ex-
empted by tlte Englueer from the operationof the release in stated Amounts to be set
forth therein,
B. PROJECT DIL-SION
(ft) in the performance of thin agreement.tho Engineer shall, to tho extent practicable,
provide for maximum use of btriicturei, ma-chines, products, materials, constructionmethods, and equipment which are readily
available through competitive procurement,or through standard or proven production
techniques, methods, and processes, consist-ent with 40 Cf'H 36.030-3 and 35,936-13 in
eflect on the dtte of execution of this agree-ment except to the extent that advanced
technology may be utilized pursuant to 40CFK 35.!>OB In effect on the date of executionof thla agreement.
(b) The Engineer shall not, in the per-
formance of tlio work cnlled for by thisagreement, produce a d*uu;n or specification
nucb as to require the uae of structtireo,machines, products, materials, const-ruction
methods, equipment, or proctssm which are
known by the Engineer to be available only
from a sole soured, urUtsa such use has b«eii
adequately Justified In writing by tbe Engi-neer.
(c) The Engineer shall not, In the per-formance of the worlc culled for by thisncrwment. produce a dwltfu or sp*cljic»tiou
which would be restrictive In violation ofSec. 20-1 (a) (6) of the FedenU Water rollu-
Uon Control Act (I'L 03-&00). Tills sututercrjulret that no specification for bid* orstatement of work shall be written In such
a manner M to contain proprletwy, «xclu-olonary, or discriminatory requirements other
than those bated upon performiuic*. unlesasuch requirements ore neceb^wy to t«at ordemonstrate n specluc thin;;, or to provide
for necessary Intcrchongeabliity of pana audequipment, or at least two brand name*; or
trado nwnea of coaiparrtble qu»!ity or utilityare listed and are followed by the. words ''or
equal." With reRivrd to mitten&U. If a f.in>;leinaWrlal is tptfCUitd, the tojflnser must be
prepared to subsUintiat« the bu>la for tbeselection of the material.
(d) The Engineer shall report to the Ownerftny sole-source or restrictive desl?u or (p«c-ific&tlon [;lvlD? the reason or reasons why
It Is considered necesviwy to restrict thedesign or specification.
(ej Thu Kr.jjlneer shall not knowUveily tspec-ify or approve the pcrlorrniDce of work at
ft facility which 13 In violation of Clean Air
or \Vttterstaudard9 and which U listed by theDirector of the Ei'A orrice of Federal Activi-ties pursuant to 40 CFR Part 15.
0. AUDIT; Access TO Itccoiua
(a) The Engineer chaJl rru-lnUln books,
records, documents and other eviiitnc* di-rectly pertlnont to pcrformajic* on EPA
<;rant work under this c^ceeridat In accord-
wxce with, nonerally accepted Mcouiitini;
principles and praeticej eor^lsiently spplled.Mid 40 CPIt 30.COS, 30.805, tod 3503^-7 In
clTcct on the date of execution of this agree-ment. Tha Enf,li\t',-r £haJl also m°tlr.:aln tuofinancial information and data u&ed by theh'iiyln*er |tl tne preparation or support of
Xhe cost submission requlrtd pursuant to 40
GVB 35.637-<>(b) In e.7»ct on the date ofexecution of this agreement acd a copy of
the cost summary submitted to the Owner.The United States iiivlronmental Prott-ctioii
Agency, the Comptroller General of theUnited States, the United StaWa Dspaxtnient
of l^abor, Owner, and {the St-ita w»t« pollu-tion control agency) or any of their duly
authorized reprfr^nUittvea ebtUl have accessto uuch books, record?, documoiila aud other
evidence for the purpose of Inspection, auditnnd copying. The Engineer will provide prop-
er facilities for such accev* and in^.o^ctlon.'(b) The Engineer agre*» to Uiclude. para-(rraplui (a) through (c) of this clau.-e in all
his contracts and all tier subcontract.) di-rectly related to project performance whiuiwe in excess of $10.(/GO.
(c) Audlti conducted pursuant to tMs pro-vision shs.ll be in rxcordence with 2-.-tit-rulivaccepted auditing standards and eaUJvli.si-.crd
procudtires aud Guidelines of the rcviewlnuor audit uticucy (IM).
' (d) The Engineer agrees to the dUcIoaiueof all Information and reports rosultin^ froi.i
access to records pursuant to piirai:ra]>ii.H (:n
and (b) above, to any of th* agencies re-fon'td to In paragraph <a) above, provided
that tha Engineer IB oflordtd tlie oppf.rinnltyfor an audit exit conference and an opportu-
nity to comment and submit any supporting'documentation on the pertinent portions of
the draft uudlt report bud thivt the TmiUaudit import will Include written comment*
of rcn'...nni<i» length, If any, o/ the Englnefir,
(e) lu-cor.iH under pt^rkr^'vphii (*> and (b)
above shall >>« maintained and uuide avail-
FCOERAL A£CIST£^ VOl. 41. NO. 25) -WECNESOAV, DECEMBER 29, 1976
O2
BEST
COPY
o
•ble- during ptrformanoo on KPA grant workunder this tyrtowtnt «u\d untu three yearsfroM date ol liDftl EPA grant payment for theproject. In (vddltlon. thot-o records which re-
late to any "Dispute" appeal under an EPA
grant agreement. or litigation, or tho eettle-mcnt of claims arising out of such perform- .«nca, or coats or items to which an audit
exception has been taken, snail bo main-tained macLmaUe available- until three, yearnnftsr the date of resolxitlon of such appeal,
litigation, claim or exception.
10. PBICK REDUCTION *OR UEFZCTTW COOT o»PRICING DATA
(This claims is applicable if the amount ofthlt agreement exceed! tlOO.OOO.)
(a) K th» Ownor or EPA determines that
any pric*. Including profit, negotiated Inconnection with this agreement or buy costrclinbursablo under this agreement was In-
creased by any significant sums bacHU&e li»
Engineer or any subcontractor lurntsh&d In-complete- or Inaccurate cost or pricing dataor dat* not current as certliUd in his certifi-cation of current cost or prlctoi; da'ut (EVA
l"orrja 6700— 51), then tuch, prlco oj cost orprofit shall tie reduced accordingly and theagreement «h&n ba rnocuitod la w'miag to re«
Sect such reduction.
(b) failure to agree on a reduction ohallbe eubject to tha liametUes clause or this
agreement.
(HOTS — Since the agreement Is subject to
reduction tinder this clause by tx^o-'on of de-fective cost or pricing data submitted in con-nection inith certain subcontracts, the Rngi-
neer may ivisb to inciuds a clause in each,inch subcontract requiring the subcontractor
to appropriately Indemnify tha £.'?ipin«er. Ittit olso ezj'ectedjhat any ntucmilractor sub-ject to such indemnification will generally
•requite substantially similar imleinniftcatitmfor defectiua cost or pricing data required tobe tubmitti-d by hit lower tier mbcor.'.rac-
lori.)
11. B0BCONTRACTS
(a) Any subcontractors and outside asso-ciates or consultants required by the Engi-
neer In connection wltli the services covered
by this bgrecmen't will be limited to suchindividuate or firm* as wera Bpeclflcally
Identified and mactd to durin.? negotiations.
or Ra are> Rpeclfically authorized by the Ownerduring the perTormanc* of thla egretment.
Any substitutions in or additions to suchsubcontractors, fc&soclAtes. or consultants
will be subject to the* prior approval of theOwner.(b) The Engineer may not subcontractservices in execcs of thirty percent (or ______
percent. If tho Owner and tho Engineer
hereby egret) of the contract price to sub-contractors or consultants without prior
written approval ol tho Owner.
RULES AND REGULATIONS
J-~orm 6730-4) in effect at the time of execu-tion of -this agreement.
13. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy as expressedIn 40 CF'B 30.420-6, tha Engineer nfp-ces that
lie' will not discriminate ajjuluat any em-ploytiu or applicant for employment btcau.r>«of race, religion, color, tuix, age or national
orlgtu.
H. UTILIZATION OP SMAJLI, /NO MiNoarry. BuaiNcaa
In accordance with EPA policy as expressed
Jn 40 CFK 35.03&-7, the Englaeer agrees thatqualified small business &nd minority busi-
ness enterprises shall have tho maximumpracticable opportunity to participate In thoperformance of EPA erimt-asslsted contractsarid subcontracts.
15. COVENANT AGAINST CONTINGENT FEES
13.STANDARDS
To the- extent that this agreement involves"construction" (as defined' by the Secretoryof Labor). the Engineer agrees that suchconstruction work shall be subject to the fol-lowing labor standards provisions, to theextent applicable:(a) Davis-Bacon Act (40 U.8.C. 278a-376a-
1):(b) Contract Work Hours and SafetyStandards Act (40 U.8.C. 327-333) ;
(c) Copeland Antl-KlckbacX Act (18 UB.C.
874); and
(d) Executive Order 11248 (Kqual Employ-
ment Opportunity);
and implementing rules, reflations, andrelevant order* of tho Secretary of Labor orKPA; and th» ITnglneer further agreea that
this 'if'timipf shell In^lurt*. ond r>p subjftctto th» "Labor Standards V^rovLilons for 1-Vd-
erally AuUUd Coastnictlon.Coutracta" (t'l'A
Tha Englnfcer warrants that no person orcelling agency has been employed or retained
to solicit or secure this contract upon anREreement or underelrJidUiij for a commis-
sion, percentnge, brokerircje, or contingentfeu, excepting lx<na Jitla employees. For breachor violation of this warranty tils Owner bhsJl
hr.vo the right to annul thb agreement with-out liability or lu Its tllscretion to deductfrom tho contract price or consideration, orotherwise- recover, tho full amount of ouchcommltalon, percentage, brokerage-, or con-
tingent fee.
18. OnATUrrirs
(ft) If It Is found, after'notlce and hearing.by tha Owner that gratuities (In tho form ofentertainment, plfta, or otherwise) were
oITered or plver. by the Engineer, or any agentor representative of the Engineer, to enyoMclM, employee or Bgcnt of the Owner, of
the State, or of EPA with a view toward se-
curing a contract or securing -favor/ibis treat-ment v.'lth respect to tho awarding or amend-ing. or the making of any determinations
with respect to the performance of thla agree-
ment, tho Owner may, by written notice to
the Engineer, terminate the right of th»Engineer to proceed under this agreement ormay pursue EUCU other rlghta and remediesprovided by law or under this agreement:
Provided. That the existence of the factsupon which the Owner makes such findings6hn.ll bo in Issue and may ba reviewed In pro-ceedings pursuant, to the Remedies cUoise of
this agreement.
(b) "in the event this agreement Is termi-nated as provided in paragraph (a) hereof,tho Owner shall be entitled (1) to purouetho earn* remedies apalnst the Engineer as it
could pursue In the event of ft breach of thecontract by the Engineer, and (3) na a pen-alty In addition to any other damages to
which It may be entitled by law, to
exemplary damages In nn amount (n» deter-mined by the Owner) which shall be not
less than three nor more than ten times the
costs- incurred by the Engineer In providingany such gratuities to any such ofilcvir oremployee.
17. PATENTS
If this agreement involves research, devel-opmental. experimental, or demonstration
work, and any discovery or Invention nrMrsor Is developed In the course of or under ihM
(\Kreement, such Invention or discovery bK<iU
be subject to the reporting and rights provi-
sions of Bubpart 1) of 10 Cfr'R Part 30. In
e/fect on the date ol <•.. * utlon of this BKI.'! •meut. Including AppriuiU n t.-i ?t»lci Pnrt :<•'!.lu such CAje, the r;ngUie«r sht!1. report lh-»discovery or Invention to EPA directly r,r
it-.-".:;;!- *v.s O?.T.rr, r.nd ••»-.<! OTHTWIW p--«»-ply with the Owner's responilbllltles In ac-corclunco with tald Subpari D of 40 CKH
Part SO. Tho Engineer hereby ngrex» that thi
disposition of rights to' inventions inailt
Under thla agreement shall be In occordanctwith the terms and conditions of aforemen-
tioned Appendix B. Tho Engineer shall in-clude provisions appropriate to effectuate tinpurposes of thla condition In all oubcontracuinvolving research, developmental, experi-
mental, or demonstration work.
18. COJ-TKIGHTS AND Riairrs IN DATA
(a) The Engineer agrees that any plans
drawings, designs, specifications, compute:programs (which are substantially paid foiwith EPA grant funds), technical reports
operating manuals, and other r.-ork subnilUix
with a Step 1 Facilities Plan or with a Step '.or Step 3 grant nppllcatlon or which nnspecified to ba delivered under this agree-
ment or which are developed or produced nm
paid for under this agreement (referred Uin thla clauao t.s "Subject Dita") are sub-ject to the rights in the United States, as BCI
forth in Subjiart X) of 40 Cl'rl Part 30 and lr
Appendix C to 4O CPR Part 30. In clJec' on tindai« Of execution of this fcijrermant. Incluc!ing the rl^ht to use, duplicate and disclosesuch Subject Data, in whole or In pjxrt, ii
any manner for any purpose r/hatsoevrr, anchave others do eo. for purpoes of this art!cle. "grantee" £48 used la f.alcS Appendix Cshall reler to the Engineer. IX ths inatirlal 1,
copyrlghttible. the 3Jr.giaeer rnny copyrlghsuch, as permitted by Eald Anoendlx C, aiusubject to th& rights In the Government iv
set forth in Appendix C, but tho Owner tiru
the Federal Government resen-o a royaltyfree, nonexclusive, and Inevoci'ola license tcreproduce, publish and use t\ic~n ir.aterlniH
in whole or in part, and to tuLhori-ie other
tu do so. Tho Eriginter shall lucluJe provlKlons appropriate to t^ectuste the puj-po«'
of this condition in all subcontract* expcctei
to produce copvrishtablo Subject Dat^.
(b) All buch Eublect Data furnished bv th
Engineer pureua.nl to this Ejrreeinent arInatrurnents cf his services in respect of Oi
prolect. It is 'understood that tho Rnptr.et
docs not represent such Subject D.ita to t,6Ultabl9 for reusa on any othtrr prot.'ct or i<.
any other purpose. Any reuse by th* Ov/r.twithout specific written verification or nduptatlon by the Enpineer will be ivt tho risk o
th& Owner and without liability to the. Eupinecr. Any such verification or adaptatlo-will entitle the Engineer to further compen
cation at fates to be agreed upon by th
Owner and the Engineer.
COPY
FEDERAL REGISTER. VOL. 41, NO. 251—WEDNESDAY, DECEM&fcft 29, 1974
C-3