HomeMy WebLinkAbout1978-08-15; City Council; 3500-4; Value Engineering Contract Phase III ProjectCITY OF CARLSBAD
AGENDA BILL NO. 3*500 — A£*X^2*<Wx 7* Initial:
Dept.Hd.
DATE:_ August 15, 1978 c Atfc
DEPARTMENT: PUBLIC WORKS (E.W.P.C.F.) C. Mgr.
Subject:
VALUE ENGINEERING CONTRACT - PHASE III PROJECT.
Statement of the Matter
Federal regulations require that a technique known as "Value Engineering" be incorporated
as part of the design phase when the estimated construction cost of the project exceeds
ten million dollars.
Value Engineering provides for a review of the design at the preliminary stage, and also
prior to conpletion of plans^by a team of experts. Their goal is to insure that the
finished project provides the most economical combination of construction and operation
costs possible.
The Joint Advisory Committee, on the recommendation of their negotiating subcommittee,
unanimously approved a motion recommending that each member agency 'approve the Value
Engineering contract with Arthur Beard Engineers, Inc., and authorize the Vista Sanitation
District to sign the contract on behalf -of the joint agencies.
Funds are available in the phase III trust account and the contract amount is within
acceptable guidelines.
Exhibits , ' •
• ™..-mi™iiLT ^ ^
Letter of 8/3/78 from Encina General Manager. ' »
Resolution N
Agreement
Recoinmendation
Council adopt Resolution No. ££0 authori zing the Vista Sanitation District to sign
the agreement with Arthur Beard Engineers , Inc.
Council action
. 8-15-.78 Resolution #5509 was adopted, approving the execution of an
agreement betweeruJUsta Sanitation District and Arthur Beard
Engineers, Inc. -l^w- Val ue Engineering Services.
ENCINA JOINT POWERS
6200 Avenida Encinas • Carlsbad, California 92008 Telephone (714) 438-3941
August 3, 1978
Mr. Ron Beckman
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re : Encina Phase III - Agreement
_ for Value Engineering Services
Attached is the agreement for Value Engineering services which was
unanimously approved at the Special Joint Advisory Committee meet-
ing of August 2, 1978.
The services to be provided are required as a condition of our Clean
Water Grant. The State and Federal grant offers are based on the ex-
penditure of $50,000 for this service. The lump sum price propped
for this contract is $47,186.12.
Action by your agency to authorize the Vista Sanitation District to
enter into this contract prior to September 6, 1978 will greatly
facilitate the design process.
Resolutions of approval should be provided to Joe Zapotocky, Vista
City Manager.
Les Evans
General Manager
LE/mgt
attach.
cc: Joe Zapotocky
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 5509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE EXECUTION OF AN AGREEMENT
VISTA SANITATION DISTRICT AND ARTHUR BEARD ENGINEERS, INC.
FOR VALUE ENGINEERING SERVICES IN CONNECTION WITH PHASE III
ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTICN
CONTROL FACILITY _ __
WHEREAS, the Vista Sanitation District is required to provide Value
Engineering services for the Phase III enlargement and upgrading of the Encina
Water Pollution Control Facility (hereinafter referred to as the "Project" ) ;
and
WHEREAS, 'Vista Sanitation District and other public agencies have entered
into a Joint Powers Agreement, 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 transmission, treatment and
disposal of sewage, which facilities comprise a single system of sanitation
works and includes any expansion of such facilities by virtue of the Project
which is the subject of this Agreement; and
WHEREAS, by a duly authorized and executed Supplemental Agreement to the
aforesaid Joint Powers Agreement, Vista Sanitation District has been, and
presently is, authorized to enter into the Agreement that is the subject of
this Resolution, as well as to act as the administrator in connection with the
subject Project; and
WHEREAS, it is necessary and desirable to expand and upgrade the Encina
Water Pollution Control Facility (EWPCF) to meet environmental protection re-
quirements of applicable regulatory bodies; and
WHEREAS, Vista Sanitation District is receiving a grant from the U.S.
Environmental Protection Agency for the proposed Project, and desires that
the Agreement with Arthur Beard Engineers, Inc. shall be in accordance with
the Amendments to Title 40 of the Code of Federal Regulations, Part 35, as
c
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
published in the Federal Register of Deoenber 17, 1975; and
WHEREAS, at a regular meeting of the Joint Advisory Committee held on
August 2, 1978, a motion was duly made, seconded and unanimously adopted that
Vista Sanitation District be authorized to enter into the Agreement attached
hereto marked Exhibit "I"; and
WHEREAS, the Agreement attached hereto marked Exhibit "I" contains, among
other things, provisions to accomplish the necessary Value Engineering; and
•
WHEREAS, it appears that the health and welfare of the public will best
be served by authorizing Vista Sanitation District to enter into the aforesaid
Agreement;
NOW, THEREFORE, EE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
Section 1: That the Board of Directors of the Vista Sanitation District
be, and is, hereby authorized to enter into a contract with
Arthur Beard Engineers, Inc. in the form and substance as
that attached hereto marked Exhibit "I".
PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City
Council of the City of Carlsbad held on the 15th day of August, 1978, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmen Packard, Skotnicki, Lewis, Anear and
Councilwoman Casler
None
None
RONALD C. PACKARD, Mayor
ATTEST:
E. ADAMS, City lerk
(SEAL)
AGREEMENT FOR STEP 2 VALUE ENGINEERING SERVICES
BETWEEN VISTA SANITATION DISTRICT
AND FOR ARTHUR BEARD ENGINEERS, INC.
FOR
PHASE III ENLARGEMENT AND UPGRADING OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
THIS AGREEMENT made and entered into as of the
day of , 1978, by and between the VISTA SANITATION
DISTRICT, a county sanitation district, hereafter referred to as
"District" or "Owner", and ARTHUR BEARD ENGINEERS, a Maryland
Corporation, hereafter referred to as "Engineer".
WITNESSETH:
WHEREAS, the District has planned for value engineering
services for the Phase III 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 Powere Agreement, 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
transmission, treatment, and disposal of sewage which facilities
comprise a single system of sanitation works and includes any ex-
pansion of such facilities by virtue of the project which is the
i
subject of this Agreement; and
-1-
o
WHEREAS, by a duly authorized and executed Supplemental Agreement
to the aforesaid Joint Powers Agreement, District has been, and presently
is, authorized to enter into this Agreement as well as to act as the
administrator in connection with the subject Project; and
WHEREAS, it is necessary and desirable to expand and upgrade the
Encina Water Pollution Control Facility (WPCF) to meet environmental
protection requirements of applicable regulatory bodies; and
WHEREAS, District is receiving a grant from the U.S. Environmental
Protection Agency for the proposed project, and desires that this
Agreement shall be in accordance with the Amendments to Title 40 of the
Code of Federal Regulations, Part 35, as published in the Federal Register
of December 17, 1975; and
WHEREAS, Engineer has available and offers to provide personnel
and facilities necessary to accomplish the work within the required time;
NOW, THEREFORE, District and Engineer agree as follows:
I. Scope of Engineering Services
Engineer agrees to perform those services which are more particularly
described hereafter. Unless modified in writing by the party to be charged,
duties of Engineer shall not be construed to exceed those services
specifically set forth herein.
A. Planned Engineering Services
Engineer agrees to perform those tasks described in Exhibit "A"
Planned Engineering Services, which is attached hereto and incorporated
herein by reference. Compensation for planned services shall be as
provided below in Article III.
-2-
II. Authorization, Progress and Completion
Specific authorization to proceed with the work described in
Exhibit "A" shall be granted in writing by the District. The Engineer
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.
Ill. Compensation
For the services described in Exhibit "A" which are to be performed
by the Engineer, the District agrees to pay, and the Engineer agrees to
accept the total sum of $47,186.12 Said sum shall be, and is hereby
apportioned and paid as follows:
(a) The services of Engineer for Study A as described in
Exhibit A shall be in the amount of $ 23,593.06 and
shall be paid by owner within 15 days after completion
of said study and submission thereof to owner with a
statement of charges.
(b) The services of Engineer for Study B as described in Exhibit
B shall be in the amount of $ 23,593.06 , and
shall be paid within 15 days after completion of said study
and submission thereof to owner with a statement of charges.
IV. Responsibility of Engineer
The Engineer 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 the design of the project.
The Engineer makes no warranty, either expressed or implied, as to its
findings, recommendations, specifications or professional advice other
than they were promulgated after following a practice usual to the
-3-
c o
engineering profession.
The Engineer shall indemnify and hold the District 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 Engineer in performing services under this
Agreement.
V. Integration
Subject to the provisions of paragraph X hereof, this Agreement
represents the entire understanding of District and Engineer 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
All plans, studies, sketches, drawings and specifications as herein
required are the property of the District whether the work for which
they are made be executed or not. In the event this contract is
terminated, all documents, plans, specifications, and drawings of the
facility shall be delivered forthwith to the District.
VII. Subcontracts
Engineer shall be entitled, to the extent determined appropriate
by the Engineer, to subcontract any portion of the work to be performed
under this project. Engineer 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 Engineer
shall be responsible to the District for the actions of persons and firms
performing subcontract work.
-4-
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of the Engineer and the District.
The Engineer 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 District.
VIII. District's Project Officer
The District's, Project Officer, who shall be empowered to act for
the District in accordance with the provisions of this Agreement, 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.
IX. Engineer's Project Officer
The Engineer's Project Officer, who shall be empowered 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 duly appointed Project Manager for the work. The Value
Engineering Team participants are named in Exhibit "A" Planned Engineering
Services and shall not be changed except with written approval of the
District.
X. 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".
-5-
c
XI. Time is of Essence
It is understood and agreed that time is of the essence in the
performance of this Agreement, in that should the services agreed herein
to be performed by Engineer not be completed within the time set forth
for such performance in the schedule of completion pursuant to Article
II, District would thereby become exposed to the loss of grants from
the State of California and the United States Government to the extent
of 87%% of the ultimate cost of Step 2 Design Services, resulting in
consequential damages to District.
XII. Effective Date
This Agreement shall be effective on and from the day and year
first above written.
OWNER:
VISTA SANITATION DISTRICT
By:
APPROVED AS TO FORM:
ENGINEER:
ARTHUR BEARD ENGINEERS
By:
WALKER AND GANN
By RO^H. GANN, ESQ.
COUNSEL FOR THE JOINT ADVISORY COMMITTEE
-6-
EXHIBIT "A
I. SCOPE OF SERVICES
A. General
The services to be rendered by the Consultant shall include
all services generally required to prepare a Preliminary Value
Engineering Report for the upgrading and expansion of the
Encina Sewage Treatment Plant in accordance with USEPA
requirements and guidance for conducting VE studies on USEPA
funded projects contained in section 35.926 of the Construction
Grants Regulations and MCD-29 published in July 1976. For
the purposes of the Agreement, the scope of services to be
accomplished is divided into two (2) stages. The first
stage relates to those tasks required to complete Study A
which is the VE study at the ten (10) percent design stage.
The second stage relates to those tasks required to complete
Study B which is the VE study at the fifty (50) percent
design stage.
B. Study Outline
1. Study A and Study B will be divided into three (3)
phases each. Phase I of each study relates to those
tasks required to complete the Prestudy Preparation.
Phase II of each study relates to those tasks required
to complete the Project Study Workshop. Phase III of
each study relates to those tasks required to complete
the Post Value Engineering Study.
Page 1 of Exhibit "A"
c
2. Phase I, Prestudy Preparation. This phase shall
include the following tasks for each study.
a. Coordination meeting with owner and designer.
b. Coordination of VE study schedule.
c. Preparation of format for cost data.
d. Development of project cost model.
e. Arrange logistics of the study.
f. Collection of design information (described under
Material and Information To Be Supplied By Designer)
and distribution to team members.
g. Obtain information from Owner and Designer on
project constraints.
h. Preparation of format for presentation to VE team
Designer.
i. Analysis and validation of original cost data,
j. Pre-workshop familiarization by VE team.
3. Phase II, Project Study Workshop. For each study, this
phase shall follow the agenda described below.
a. Introduction
(1) Project Orientation by Program Coordinator.
(2) Project Presentation by Designer.
b. Information Phase
Familiarization of team members with contract plans
and specifications. Continue familiarization with
project and begin Functional Analysis of Project.
Prepare graphical presentation of Cost Model prepared
prior to study. Look at total system first and then
at component parts.
Page 2 of Exhibit "A"
c. Creative Phase
Begin creative idea listing. Aim is to obtain
quality and association of ideas, to eliminate road
blocks and to allow free flow of ideas.
d. Judgement Phase
VE team analyzes the ideas listed in the creative
session and selects the best ideas for further
development.
e. Development Phase
VE team members will prepare alternate designs for
consideration with respect to life cycle costs
comparisons of the original designs and proposed
alternatives. All recommendations will be supported
with sketches, basic design concept and recommendation
of alternatives.
f. Presentation Phase
Prepare summary of VE team findings for oral
presentation to the Owner, Designer and regulatory
agency. The basic ideas recommended by the VE team will
be summarized and the life cycle cost saving presented.
The rationale and reasons for the VE recommendations will
be presented.
4. Phase III, Post VE Study Phase
a. Within three (3) weeks after completion of each of the
two studies (Study A and Study B), the VE team coordinator
and one assistant will prepare and submit a Preliminary
VE Report and nine (9) copies to the Owner. The Preliminary
VE Report will include the following:
Page 3 of Exhibit "A"
(1) Project Description and Design Concept of Project.
(2) Original Design and Proposed Alternatives showing
sketches, design calculations, and comparison of costs
of owning and operating the facility.
(3) Estimated Implementation Costs.
(4) Life Cycle Cost Comparisons.
(5) Potential Contract Savings.
b. The Owner will then require the Designer to review the
recommendations and prepare a statement of acceptance or
rejection of each recommendation. The Designer's state-
ments will then be included with copies of the original
VE report and submitted by the Owner to USEPA for approval.
C. VE Team Organization and Level of Effort.
1. The VE Teams shall be comprised of the following functional
areas and respective participating members.
a. Study A
VE Team Coordinator Glen D. Hart (ABE)
Civil/Sanitary Engineer Y.S. Lin (Y.S. Lin Assoc.)
Civil/Sanitary Engineer S.C. Scoutten (ABE)
Structural Engineer B. Sinclair (Sinclair &ASSOC.)
Electrical Engineer A. Willson (ABE)
Owners Staff Member (To be selected by Owner)
b. Study B
VE Team Coordinator L. W. Zimmerman (ABE)
Sanitary Engineer Y.S. Lin (Y.S. Lin Assoc.)
Mechanical/Sanitary Engr. W.C. Scoutten (ABE)
Structural Engineer B. Sinclair (Sinclair &Assoc.)
Electrical Engineer A. Willson (ABE) '
Const/Cost Specialist F. Bystrowski (F.P. Bystrowski)
Owners O & M Personnel (To be selected by Owner)
Page 4 of Exhibit "A1
/*-«<
2. No substitutes will be made for any of the above named
team members without written consent from the Owner.
3. The approximate level of effort to accomplish the Value
Engineering Services will be as shown in Exhibit B, attached
hereto and made a part of this agreement.
D. Scheduling and Notice to Proceed
1. Study A
Study A, the ten (10) percent design stage study shall be
conducted at the first mutually agreeable date determined
by the Consultant and the Owner, after receipt of written
Notice to Proceed. In any event, the study will commence
no later than six weeks after Notice to Proceed on Study A.
2. Study B
Study B, the fifty (50) percent design stage study will be
conducted in: the early part "of 1979 depending on the progress of
the design effort. Study B will be conducted at the first
available, mutually agreeable date determined by the Con-
sultant and the Owner, after receipt of written Notice to
Proceed. In any event, the study will commence no later
than six weeks after Notice to Proceed on Study B.
E. Materials and Information To Be Supplied By Designer
1. The following is a preliminary outline of the materials
and information requested from the Designer Engineer and
the Owner. Understandably, much of the requested information
may be incomplete especially in the ten (10) percent design
stage. However, the results of the VE studies are dependant
on the quality of the information provided:
Page 5 of Exhibit "A"
a. Study A
(1) 201 Facilities Plan
(2) Project description (Part of presentation at
beginning of study)
(3) Basis of design and design philosophy
(4) Loading and hydraulic data
(5) Plans, equipment layouts
(6) Specifications
(7) Preliminary construction cost estimate
(8) Anticipated flows, start-up to design flow
(9) Preliminary power use curve, start-up to design
(10) Preliminary operations estimate schedule, start-
up to design
(11) Recommended utility rates
(12) Concept of construction method
(13) As-built drawings of existing facilities impacting
proposed improvements
(14) Soils investigations and recommendations
(15) Legal and regulatory requirements
(16) Pilot plant reports
b. Study B
(1) Detail design drawings and specifications
(2) Pertinent correspondence with regulatory agencies
(3) Design criteria; process, structural, lighting,
heating, etc.
(4) Design calculations
(5) Preliminary quantity take-off
Page 6 of Exhibit "A"
(6) Construction cost estimate
(7) Hydraulic data and profile
(8) Power use curve, start-up to design
(9) Operations estimate schedule, start-up to design
(10) Maintenance estimate schedule, start-up to design
Page 7 of Exhibit. "A"
EXHIBIT "B"
LEVEL OF EFFORT
Phase I
Prestudy Preparation
Coordination Meetings v/ith Designer
Coordination of VE Schedule
Prepare format for Cost Data
Develop Cost Model (Two Studies)
Arrange Logistics of Study
Collect Design Information and
Distribute to Team Members
Prepare Format for Presentation
to VE Team by Designer
Pre-Workshop Familiarization by
VE Team (8 Hours/Team Member)
Phase I Subtotal
ABE
16 hours
8 hours
16 hours
24 hours
8 hours
16 hours
8 hours
48 hours
144 hours
ABE
sub-
contractors
40 hours
40 hours
Others'
16 hours
16 hours
Phase II
Project Study Workshop
Study A
VE Program Coordinator
Team Members
Subtotal
Study B
VE Program Coordinator
Team Members
Subtotal
Phase II Subtotal
Phase III
Post VE Study Report
Preliminary Report
Engineering Time
Drafting
Clerical
Phase III Subtotal
Administration
Principal ABE
Subtotal
TOTAL
* Owners representatives on Study Teams.
40 hours
80 hours
120 hours
40 hours
80 hours
120 hours
240 hours
160 hours
80 hours
80 hours
320 hours
16 hours
16 hours
720 hours
80 hours
80 hours
120 hours
120 hours
200 hours
40 hours
40 hours
280 hours
40 hours
40 hours
40 hours
40 hours
80 hours
96 hours
RUIES AND
Title 40—Protection cl Enviionment
CHAPTER I—ENVIRONMENTAL
PROTECTION AGENCY
SUDCHAP-TER 0—GRANTS
| Kilt. C15-2)
PART 35—STATE AND LOCAL
ASSISTANCE
Subagreements Under Grants for Con-
struct'on of Treatment Works; TechnicalAmtndfnenU
C-J
JLNCINCU1NO AUXCEMKNTS
1. General.
2. Responsibility of the engineer.
3. Scop* of work.
4. Changes.
6. Termination.
0. Remedies.
7. Payment.
B. Project dealga.
5. Audit: fuxt-sa to records.
10. rrlre induction for clcfrctlvr coat or
pricing data.
11. Subcontract*.
12. Labor alAndardi.
13. Fqual employment opportunity.
14. Ui:I!/Jiiion of small or minority busl-
ne«».
15. Coven»nt against contingent few.
1C. Oratultlea.
17. Potent*.
18. Copyright* and rights In dnta.
1. GENCKAL
(•) The Owner and the Engineer agree
that the following provision* thill apply to
the EPA grant-ellflble work to be performed
under thU agreement and that Mich pro-
vKlons thill supersede any conflicting pro-
visions of this agreement.
(b) The work under this agreement U
funded In part by a (rant from the U.S. En-
vironmental Prole-tlon Acency. Neither the
Untied States nor the U.S. Environmental
Protection Agency (hereinafter. "EPA") Is a
party to this agreement. This agreement
which rover* grunt-ell^lble work It cubject
to reputations contained In 40 CFR 35.030.
35637. and 35)539 In effect on the date of
execution of this ngrrrmrnt. A« used In these
clauiev the words "the date of execution of
this agreement" mean the dat« of eiecutlpn
ol thut agreement and any subsequent
modification of the trrmi. comprnsatlon or
scope of service* pertinent to unperformed
work.
(c) The rights and remedies of the owner
provided for In Ihc.ve clauses are In addition
to nny other rights and remedies provided
by law or under this agreement.
?0or
(n) The EnKlncer »hall be m;on*lble for
Hit prOfrv-h)ii»J qunlllv. U-chnlChl accuracy,
llnirly rninpletlnn. mid tli« cixirdlnallon of
all tlr^l/ns, drawing*. »|>rcincallonk. rrjiorta.
olid other tcrvlcci lurnUlied by the Englnrer
under thla n^rtenienl. The Knglnerr that!,
without additional cuinpeiii-fttlon. correct or
revlne any errors. omKnlons or other deficien-
cies In hit dr-HlKiu. dr.twlngi, specinratlona,
reports and other acrvlcei.
(b) Tlie Engineer shall perform such pro-
festlunal oervlcct M m»y be necefcM»ry to ac-
cumpllKli the work required to be performed
under this a^retment. In accordance with,
this dKrctment und oppllcabl* EPA rrcjulre-
mtnU In cn«t on the dale of e«ecullon of
this agreement.
(c) Approval by the Owner or EPA of
drawings, drslgni, kpecincttlons. reportt, and
Incidental engineering work or materials fur-
nished bereunder ahull not In any way re-
lieve the Engineer of mponjlblllty for the
technical adequacy of his work. Neither the
Owner's nor EPA's review, approval or ac-
ceptance of, nor payment for, any of tbt aerv-
Iccs Khkll be conMrurd to operate as a wolver
of nny right* under this agrrrruent or of any
cauM of action arlnlng out Of the perform-
ance of (his agreement.
(d) The Engineer ihAtl be and remain li-
able tn accordance with applicable law for
all damxf.es to Ui» Owner or EPA c&UMd by
the Engineer'* negligent performance of any
of the hervlces furnLihed under this agree-
ment, except for errors, omlvulons or other
deficiencies to the extent attributable to the
Owner. Owner-furnUhed data or aoy third
party. The Engineer thall not be rraponilble
for any time delay* In the project r»u-s»-d by
circumstances beyond the Englni-er's control.
Wlier* new or-advunced procrv»es. methods or
technology (see 40 CTTl 35.POB) art jecom-
mcnded by the Engineer iind are utllu'ed. the
En^lnrer ».hall be lluble only for cress negli-
gence to the extent of luch utllU^llon.
3. SCOPE or Woax
The service* to be rendered by the Engineer
ihnll Include all nrvlcri required to com-
plelr the tiuk or C'.ep In *-ccond:ince with ap-
pllroblr EPA rfK-u'atlont (40 CFR Tajt 35.
SnbpHrt E In effect on the.date of execution
of this Agreement) to the extent of the tcope
of work rut deAned tnd tel out In the engt-
nr<rlng i-en'lcea -ngreement to which then*
provision* are attached.
4. CHANCES
(a) The Owner may. at any time, by writ-
ten order. maXe changes within U>e general
scope of this agreement In the services or
work to be performed. If such char.je* caun*
an Incrextt or decreaAe In the Engineer'*
cont of, or time required for. performance of
any cervices under this ap-eement. %helher
or not changed by any order, an equitable
adjustment shaJI be made and this agree-
ment thall be mcxJIflrO In u-ntlng t^rord-
In^'ly. Any claJm of the EiiKuJeer for ndjubt-
mcnt under this clause must b» K.uerte<l In
writing within 30 days from the dale of re-
ceipt by the Engineer of the noliacallon of
ch.inge unless the Owner pranls a further
jicrlod of time be'ore the date of final pay-
ment under this ngreement.
RIGISU*, VOL. 41, NO. 2S1—WtDNESDAf. DtCfMBtR 7». 1976
EXHIBIT "C"
C-l
c RULtS AND REGULATIONS
• i.i N,. i/Tiire* for ««hKh an nduillonai
•>>nil>rli-~\^n will Iff rh*iwr<1 hy the P.ngl-
. •< r M...11 \jv furnUhed mltriout the wrltton
i\uUir>r I'jtUuD of Uie Owner.(c) In V>r> event Uiat ther* In a modinca-
1 lori of Kl'A requirements rotating to the
^.rrvlt^M to be performed under this ngrc*-
•iirnt kiih*<-i|ucnt to Uie dale of execution of
Hits, agreement, the Increnned or tlocre-aaed
oxl of prrfc-nnance of the service* provided
lor In this lijjrromenl shall be reflected In an
tppropnate mi-dincalloit of this agreement.
5 TIIIMINATION
(i>) Thu, uxrrnmrnt may be terminated In
uliolf or in pa.it in wrltlug by cllber parly In
tUe event of r.ubiUnllal failure by the other
J'.irty to fulUII lu obligations under this
agreement through no fault of the turmlnut.
ing )>»rty: I'lui'tdcA. That no such termina-
tion may be efTected unless the other party
>\ |;IVCD (1) not leu than ten (10) calendar
liny* written notice (delivered by certified
mull, return receipt requested) of Intent lo
terminate and (2) an opportunity for con-
Mtlt&liou w.th the terminating party prior
to termination.
(l>) This ugrroment may be terminated ID
whole or In part In writing by the Owner
for lu convenience: Provided. That such
termination to for food cau*e (such ns for
lc(:M or flnanclnl reasons, major changes In
the wurfc or program requirements. Initiationi-'. a nev SU-p) nnd that the Engineer M |;lven
(1) not le.si than ten (10) calendar day*
v.-rilien notice (delivered by certified mall,
return receipt requested) of Inlrnt to termi-
nate, and (2) nn opportunity for consulta-
tion with the terminating party prior to
Irciilr.atlon.
(Cl J.' termination for default K ejectedby the Owner, nn equltahle adjustment In
the prlo pmvldrd for In thlx agreement f.hi»1l
be rriude. but (1) no ivttiounl ilmll he iitlowed
for Hiiiicl;i:>ted profit on unperformed terr-
|rr— i.r other work, and (2) nuy payment due
U> the Engineer nt the time cJ ternilun'.lon
may 1-e t-Jji./-lcd to the extent of iitiy nddl-
li(>n:,l co-.t/» occasioned to the O»ner by rea-
son n' theEngineer'* default. If termUvAllon
for tirf-iul: u eft«l*d by tbe mgln«*r, or If
tnniMiKiion for comenlenc-e Is effected, by
the Owner, the rqulUWe artjuj'.ment aball
InclM'Je a re.xst-nalile profit for serrlce* or
other »c.r'« performed. The rqultnble adjust-
niciit fcr any termination shall provide for
p:iyini-nt to the Engineer for services ren-
dered nnd rvpentes Incurred prior to the
lermina'.lon. in addition to termination set*
)i»v» iK-rn rneot«-<l ft>r the touvenlcnrt of the
O»urr. In nuch eveot, rulJiuiUocnl of the
price provided for In tra» nf rr«inent khall U>
inxde a.-; jirovlOrd In pi\j»grr>ph (c) of this'
Itmecr relating to rommliment* which hnd
Ifi-rninr f:rm prior to the termination.
(d) V^on receipt of a termination ncllou
purm.inl to piuaginphs (a) or (b) abuve. the
j:iii:>nre: r.hill (l) promptly discontinue oil
M-rvi,-f-« a'Je-rt^d (unless thp notice dlrrcU
(.1 h'-rwi-<). and (2) deliver or otherwlje makeKvoilKijlo U> tlir Owner all data, drawing*,
«.|iecliir*tlon». report*. e»tlmatei, bumrnarlnt,
,ii>d Mich other InforcnaMnn nnd innlcrlKln K.%
n-.ny r-..tve btx-n tvccuinulatrd by the Engineer
In perfurmlnif UiU nRreeairnt, vhether rom-
]ili-tf J »r In process.
(r| t. linn tcrnilnfttiou pursuant to puro-
k-r«p.i>. (a) or (b) alx>ve. the Owner may tnke.
ever lite work and pro*rcult the f.ame to
ri'inj>li-!>on by ^K"'trrienl with another parly
i-r »>11.<-\wise. Any work tnken over by the
Ownrr for completion will be completed al
the O.vi'cr't risk, nnd the Owner will holQh.iin-.li-w the t1i,jh>e<r from all rlnlnvt rmC
I),IIIUT-I arlM«K o»it Of Improper use of inn
V.;\t;iiiter't work.
(I) If. nfusr tcrmln»Uan for failure of _thr»
Enumt^r to fiilllU coutr.ictuM oWlcntloni. Itis d'-tennlnMl that thS Engineer hivd not
fAllfxl. the tcrmloatlon ahall be
D. HlMU.lr.a-
Kutejil tui may be otherwise provided In
thin agreement. Ml claims, counter-claims,
01 ip ill en and other rrvatten Ln question be-
tween the Owner nnd thr Engineer arlilog
out of or relating to thli n)<re«menl or the
breach thereof will be decided by nrbllrntlon
If thu purtle* horflo mutually n^ree, or In a
court of competent jurlodlctlon within the
Blut* In whlr.ii the Owner U located.
7. PATMINT
(n) I*-.iymcnl aJmll be made In accordance
with the payment schedule Incorporated InthU Hp.rccmcnl us soon «» jiractlrable upon
oubmliblon of r.LaUintnU requesting pay-
mrnl by the Engineer to the Owner. If no
• uch payment tc hud Hie Is liicc>r/x>rat«d In
thU H|;rerment, the puyment provlnlon^ of
(b) of this clause shall apply.
(b) Monthly progreso payments nuiy be re-
by the Engineer and ahall be made
by the Owner to the Engineer u &oon h* prnf-
tlcable upon KubmlNilon of rlaUrments re-
questing pu/jnent by the Engineer lo Ihe
Owner. When Mich progress puymenls nre
made, the Owner nmy withhold up to tenpercent of the vouchered ninounl until nut-
Ufnctory completion by the Engturer of work
nnd i.rrvlces within a Step culled for under
tlilx ocieemeiit. When the Owner determines
thnt tlio work under thU n|;rcrment of any
Kj>eellied tahk >icround«r U (ubttanllaliy
complete nnd thnt the amount of retained
percentage.* U In exce*a of the amount con-
kldered by Mm to be adequate Tor the pro-
tection of Ihe Owner, he thrill rcleiw4 lo the
Engineer £uch cncr.v.j aroount.
(c) Ko puyrnenl rcqutjt mudc purtuanl to
pbrain'i'pli (a) or (b) of thU clauso shall
rxcx-cd the esllrn.-.Ud amount nnd vnlue of
Ihe woil: nnd *rrvlce> pprfomied. by the En-
gineer under this agreement, which estl-
innU-.s shall be piepared by Die Engineer and
tupplemtnted or accompanied by rucb sup-
porllnc data At may be lequlred by the
Owner.
(d) Upon aallkfnclory complelloo" of the
work performed licrevmder, And prior to final
j>»)-nient under thJt i»~rctnient for such
work, or prior (cttleuient upon tcrmlnatloa
of the agreement, and as a condition prec-
edent thereto, the Engineer f>hall ciecute
and deliver Ui the Owner a release of nilcl.ilmi agalnat the Owner arising under or by
virtue of this ocrermeot. other than such
clntrns. If any. o> may be npeclncally ex-
emptrd by the Engineer fr<cn the operation
of the release in stated nmounls to be aet
forth therein
K. Tr.ojrcr DLKICM
(a) In the performante of thU agreenitnl,
lh« Knr;lnerr ithnll. to the cvtrnt practicable,
provide fur maxnnum UKO of i.trncture«. mn-
rhliiu. producLv malerlalx. con«trnctlon
mrtlind.1, nnd equipment which nrc readily
avullable througU competitive procurement,
or Ihiough KlniicLaj-d or provou production
li-chniques. methods, and proce*«s. consist-
ent wlln 40 C'l-Tl 35.03S-3 nnd 3S.93&-13 Incllect on the ci.ite of execution of this ngree-
menl. except lo the extent that advanced
technology may be ullllird pursuant to 40
CMl US '.108 In cllect on the dntr of execution
of tin- nr.reeme.nl.
(b) The Knu'mrer ahn!l not. In the per-
formitiice of the- work cnlled Jor by this
UKrfenienl, produce a de.sl|;n or *prclllctttlon
nnch »J> to require the uixt of atrurturci.
machines, products. ninU-rialn. eon^lructloii
inent. or prorev.e* which are
Vnown by the Eii|<lnerr to l>e available only
fri>ru » mill* aouir*. unlr^A auch Ut«« hikA l^-rn
aai-^iu>Li>ly JuitlUed In writing by tbe Engi-
neer.
(c) The TIiiKlneer aha]| ur>t. In the pet-formuuce of the work called for by thin
miafemeiil, produce a d*«l)rn or tpcclCcellon
which would be restrictive In violation of
bee. 204(0) (6) of the >\>drral WaUr Pollu-
Uon Control Act (I'L 03-bOO). Thl* aUtulr
rcrjulrei thai no npeclflcallon for bid* or
atittrinont of work ahall be written Ln tncli
a manner n« to contnln proprletarr, enlu-nlonary, or dlkcrlminatory requirement* other
tlmn tho»K> bat-ed tipon pcrforrruvnre, unlet*
xurii rrijubemenU nre ncciT^K/y to tmt or
domoniitrnle a ipeclflc thing, or to provide
for necessary Interchiuixeablllty of parti and
eijulpment, or nt letul two brand nauiex or
trrule iikinei of 'ccmpwoble quality or utility
are luted and are followed by fht words 'or
crjnal." With rrfM-O to rnatrrlalj. If a alii)-l«
mntarlal is (.pecltled, the F.ngliu-er muat be
prepared to r.ubst*inUhLo the basic for the
selection of Uic rruiliirlHl.
(d) Thu Ent'lnM'r *>>'«'l "-port to th» Owner
nny aule-iiource or restrictive design or »;>ec-
Illcntlon giving the rta^on or rrx.%ous why
It U considered nerrs^ory to restrict the
clcilfrn or spf-clJIc-TvUon.
(c) The Engineer shall not knowlnjly nprr.
Ify or approve tbe performance of work al
n fikClllty which \3 lo violation of Olcaji Air
or Wutrr tlnndnrcb. uncl which It lL»d by the
Director of the KTA Onice of Federal Artlvl-
tl«, ptirtuanl lo f 0 CFU Prut 1C.
6. Auorr, Access 70 nvcoai»
(n) Tlit Engineer r.hnll rrualn'-xln
records, documents arid other evidence di-
rectly jH-rtlnent to prrfonrxance on El'A
Cnvnt work under t!iin ngreernfinl In nccor<1-
ance with generally accepted recountingprtiiclplej and practice* ronjlitcntly appllrS.
nnd «0 Cm 30.C05. 30 BOS. nnd 3S.OJ1-7 Ineffect on the dMe of i iccutloit of Ihls ai^ -e-
ment. Thu Enclneer iluJI t.\jo maintain the
fmnnclul Information nnd data u>«-d by the
Engineer In the prcpurutlon or s-.tp^ort ol
^the c«l Mibinl!.slon ri-ciulr\<l purjiL-vnt to 40CHI 3i.037-C(b) In e^ect on the dale i,f
execution of this i^ritment and a copy of
the coil Mimmary mbmltUd to tV.e O-*ner.
The United S'.atvt Environmental rrot«-cllon
Agency, the Comptroller Cene.-al of Ihe
United Male*, the Unlu-d Sta'.WB rx-partmenl
of Larxir. Owner, und |lhr LuuU waler pollu-
tion control agency) or any of their duly
bUlhortv.ed rcprri-enLatlves KhrJl Ks-.e areeu
to such books, records, document* and other
evidence for the purpose of Inspection, auditand copying. The Engineer will provide prop-
er facilities for inch acceu and Inspection.
(b) The EJiflneer iipre^a to Include para-
(,-rnplut (n) throuxh (c) of this clause In allIlls contract* iviid ell tier :.ubcontracU di-
rectly related lo project performance whlih
tie In i »ccs.\ of elO.dOU.
(c) Audits conducted pursuant to tM» pi»-
vision ahall be In nccoronnre with ccnernllraccepted nvidlllng atandards unit ri'-ablKheil
procttlures and guidelines of the rrv!?wlii|:
or audit agency (l«l.
(d) TIu> Engineer af.rees to the di-c:«.>uieof all Information and reports resultsni; fro:n
berets to rc-cor<U pursuant to para^rnplis (a|
and. (b) nbove. to any of the a;enrir\ te-
fi-n-ed to in porrnrraph (a) nbove. pr..vlrted
that Uie Engineer U. afforded the opportunity
for nn audit exit conference nnd an opjK,rtu-nlty to comment nnd i.ubnilt nny biipp\>rliiig
darinnrnl.itloii on the j>ertln"nt porlioits of
Uie rlratl nudlt report Mid thnt the finiJ
audit ix^jiort u-111 Include written comment*
of rciiMOiittbli* lenpUi. If nny. of the F.ngliieer.
(e) nccordK under prvrH^rnplm (a) and (b)
ntvove tilinll be tnalntKlne-rt nnd nuwle nvall-
7"DTCEMRER 29. 1976
C-2
RULES AND REGULATIONS
abl» during performance on EPA rtrant work
under tbls agreement and unlU thu* yr»r«
from dat* of final EPA frrunt payment {or In*
project. In addition, thoxe record* which re-lale to any "DlipuU" appeal under »n KPA
frant egre-ement, or lltl(r»tlon. or th» eelll*-
ment of claim* arising out of such perform-
ance. or cost* or items to which an auditexception ha* been titVen, ahnll be main.
tMned and. mad* available until three year*• fur the cUte of resolution of such appeal.
litigation, claim or exception.
JO. rmici HXDOCTION >-o» DrrEcrrvt Con O»
DATA
(TVilt rlauje (j oppj(cobl« (/ (he amount Offill oprccment exceed* f 100,000.)
(a) IT th» Owner or EPA determines that
*-ny price. including profit, negotiated in
connection with thl» agreement or any coot
reimbursable under this agreement was In-
crcn-x-d by any significant sum* becAxu* tt»
Engineer or any »ubcontr»ctoT furnished ID- '
complete or liiHCCurtite tost or pricing data
or dst* not current Mt certified in hla certin-Ckllon of current cost or pricing cla'ta (EPA
Form 6700-41). then such prlc* or coat or
profit *hall b» reduced necordlngly and lb«
r-^ti-rment lOvJl be modified in writing to re-
flect such reduction.
(b) Failure to agree on ft reduction aball
be subject to th* TUmtdles clause of thU
agreement.
{NOTE — Since the. agreement It lubjtct toreduction under (hti clause by reason o/ d>-
/ic:ipe roJl or jnlciny dot a submitted in com-
Tvcrflon tMlh rtrtoln subcontract*, the tngl-
nter may irvjh (o Include a clauie <n each
tuch jubct-nlract frgulrlnp Die f ubcontractor
fo cpyrc-pHofely <ndf mn)/y fh* CnyineeT. It
Is olio cr}*cti£ .that cny subcontractor <ut>.
Jrcl (o rueh fruiemni/Icnffcm will ftntrolly
requi'C jub'IontloJIy jlmflar iruitmn'/rafton
/or ttfeetivt coil en- prlrfnp data re gi.irtd (Obt jubmltfed by Mi lower tier subctmfroc-
11. BUKCONTHACTI
(a) Any B uboo n tmc tor s and outside a«o-
cKm or contulUJita required by tbe Cogl->w*r la connection vlth the *«rrJc*» covered
by tbta airrnnent will be limited to ruch
IneirtduaU or Crm» RJ wtr* >p»elCcally
identinrd ajid a^rcrd to during negotiations.or N« are KptclCcAlly authorized by lh* Owner
during the performance of thU KgTetrnent.
Any lubnUtutlons in or bddltlona to such
kUbSontractors. aA>ocUtea. or consultant*
Till be cubjrct to the prVor apprOTaJ of the
O^ner. .(b) The Engineer m»y not aubcontractaerrlcrs in excels of thirty percent (01 35%
percent. If the Owner a.nd the Engineer
hereby agree) of the contract price to »ub-
contractors or CODHUIIADIS without prior
wrltun approTivl ol lh» Owner.
13. LAftoa STAMDAaoa
To the extent that this K|freement Involve*
"conMructlon" (aj» dennrd-by tbe Secretoryof LAbor). the Engineer agrees thnt euch
consvructlon worV khall be subject to the fol-
lowing labor ftt&ndarxls provisions, to theextent appllrrOjle:
(a) Davli-B»cx>n Act (40 VJ3 C. 27fl.-37B»-
•J):(b) Contract Work Hours »-nd Dafety
Btni.ciarda Act (40 U 8 C. 327-333) ;
(c) Co}f Und Antl-Klckbi>ck Act (IB U.8.C.674): and
(d) Riecutlvf Orrtrr 1J24B (Kqual Employ-ment Opportunity);
»nl Imp)rrnent)n4( rules, rtpulntlona. and
r-.rvant orders of the 8e<i«lary of Labor orEPA: and the Engineer /urtber agrere that»»-.. ^pr^^-^.nt ^>iwi| in>-)u'1'> and r>r p
to th» *"L»bor 3t»nd»rcU Provlslonj* for
tr*.:;y A.-j.Utcd Con.itnictlon Contract*" (L'PA
A720-4) In cHrct at the time of execu-
tion ol thU agreement.
13. EOUAL r.MrLOTMIKT Or>XJirUNITT
In ucord.Mire with EPA policy «L» rxprnuted
In 40 CFK 30420-t. ths Engineer agrem that
he will not cU.vcrLraliiAte ngaliut any em-
ployee or applicant for employment because
of race, religion, color, aex. &ge or
origin.
14. UTILIZATION or SMALL ANDDvniNcaa
In accordance wltb EPA policy as expreiuxd
In 40 CTR 15.836-7. the Erujlntrer a0rees tbat
qUAllned smsJl buslneu and minority busi-
ness enterprise* Khali hare the muxlmurn
prnctlcable opportunity to participate In the
performance of EPA f,rnnl-aAf tiled conUacU
ond subcontract*.
15. CoviNiNT AGAINST CormNctNT Feu
The Engineer warrants tbat no person ortelV&g agency ban been employed or retained
to solicit or cr-ctire this contract upon anagreement or understanding for a commis-
sion, percentage, brokerage, or contingent
fee, excepting bon*. fide employees. For breachor violation of tbls warranty the Owner nhall
have tbe rtgbt to annul this agreement with-
out liability or In its discretion to deduct
from tbe conl/oct price or consideration, or
otherwise rrco'ver. the full ajuount of such
commiMlou, percentage, brokerage, or con-
tlngeqt fee.
10. OUATDTTIOI
(a) If It U found, after notice and hearing.
by the Owner tbat gratuities (In the form of
entertainment, Clfti. or olbtrwlse) were
oITered or given by the Engineer, or any agent
or representative of th* Engineer, to K,ny
offtcUl. employee or agent of the Owner, of
the State, or of EPA vlth »i view townrd se-
curing a cor.Ui.et or sfurlng favorable treat-
men*. v>ltb rtapt-ct to tbe awarding or amend-
ing. or the making of any determinations
with raptct to tbe performsnce of this ugret*
meet, the Owner may. by wrltUn nolle* to
the Engineer. Urml;,sts the rlgbt of the
Engineer to proceed undtr thU »t,-ret raent or
mny puraue such other right* and reineclle*
provided by law or under tbls agreement:
rroHdfd, That the eitMence of the fact*upon whlcb the Owner mAVt-i such finding*
shall be in Lvsue and may be reviewed In pro-
ct edlags pursuant to the Tlemedln clause of
tbls sgreement.
(b) In the event this agreement U termi-
nated a* provided In paragraph (a) hereof.
the Owner aball be entitled (1) to puraue
the Eame remedies bfralnM the Engineer a* Ucould pursue In the event of a breach of the
contract by the Engineer, and (3) as a pen-
alty in addition to any other damages to
which It may be entitled by law, toexemplary d»rna*e* in an omount fiva deter--
mined by the Owner) which yhall be notlens than three nor more than ten times the
costs Incurred by the Enjrln^er In providing
any such gratuities to any such orncer oremployee.
17. PATTKT»
If this sjrr«ement Involves rr.virch. devel-
opmental. experimental, or demonstration
work and any discovery or Invention arlnes
or U developed In the course of or under thl«
aprrfment, such Invention or discovery shall
t>« subject to tbe reporting nnd rlRhts provi-
sions of Bubjwrt r> of 40 CFR Pnrt SO. in
rlTect on the date ol execution of thin QR» •
menu Including Appendix B of ?ald Piirt !«•!.
In such fAie. the Engineer shtlt rcr»ort »h<
discovery or Invention to EPA directly or
tT. — '.:;;;• *^.c Orrrrr, and •v;*.ll "tn»rv-'l~- »-••»»-
ply wltb the Owner's responsibilities in ac-
cordance with aald Subpirt D of 40 CKR
30. T»i* En)(lne*r hereby »K'e-e<t lhat th
<!Up<MlUon of rights to' luventlons madunder this aprixmenl «hall be in accordant
with th* term* and rondlllunt of afoiemrn
tlonsd AppTDdlx D. The Englnrar ahatl Inelude provisions appropriate u> effectuate tli
purpose* of this condition In all aubcontrHCt
involving rroemrch, developmentAl, expert
mental, or dtmonslratlon work.
IB. COrTMltMT* AMD TllOIITS IN DAT*
(a) Trie Engineer dfrrten that ony plan
drawings, design*, specifications, compute
programs (which »r* aubiLanllally paid fc
with EPA Er»nt funds), technical rt|>orti
operating manuals, and other work BUbmllte
with a 8Up 1 Fncllltlen Plan or with a Step
or Step a grant application or which ar
tpeclfled to be delivered under thlx ai;ret
ment or which are developed or produ :*d an
paid for under thLi ngrermr-nl (refrrred t
in this clause a* "Subject iMUt") ars nubject to the rlghU In the United Htalev u* "'
forth In Sub;iart D of 40 CPR Port 30 and I
Appendix C to 40 CTR rwt 30. In effect on th
date of execution of tlilt imrcement. IncludIng th* rlphl to us*, dupllrste and dUclcw
nuch Bubjrct Emta, In whole or In part. I
any manner for any purpose whabviefr, an
have others do ao. For purposes of tlil> art!
cle. "Krantee" as used lu said Apptndlx (
shall refsr to the Entilneer. If th* msUrlft) IcopyrlghtAble. th* Engineer may copyrlgri
such, a.i permitted by said Appendli C. an
subject to th* rights In the Government t
•ct forth in Appendix C, but the Owner an
the Federal Government reserve a royalt)free, nonexclusive, and Irrevocable !lren«t I
reproduce, puhtlnh and u*e ouch mnlerlal
In whole or In part, and to sulhorlui otliei
to do NO. The Engineer shall Include provia'.ons r.ppraprlRte to e'Tectuele the purpn-
Of this condition In all tulxrintmcU ciprcte
to produce cbpvrlKhVable Subject Dsta
(b) All such BubUc*. Duta furnUVied bv tr
Entrtnrtr pu/iuant to thll s-xrfni'nt hi
In^trumenU of his atnrlcex In ir«pect oT U
prelect. 11 l» 'understood that the Tiiflnedoes not re-present such Subject O^ttv Co I
suitable for reur>« on nny other prolrcl or f>
any other purpose. Any reuse by tbe Ovmwithout iprclflc written ver10callr>r. or ails;
tat I cm by the Engineer will be at the rMc I
the O-'ner and without liability to tbr En£netr. Any such venacallon or r-dsptailc
will entitle the Engineer to further compel
tstion at rate* to be agreed upon by tt
Ovner and the Engineer.
flDtHAl REGimR, VOl. 41, NO. ?il—WEDNESDAY, DlCEMbtH 29, 19/6
C-3