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HomeMy WebLinkAbout1980-08-05; City Council; 6311; Encina Joint Powers facility upgradeCiTY OF CARLSBAD Initial : AGENDA BILL NO. & 3 / / Dept> Head_£ DATE:_ AUGUST 5' 198° C. Atty DEPARTMENT: ENGINEERING C. Mgr. SUBJECT: STEP 3 ENGINEERING SERVICES FOR PHASE III UPGRADING & ENLARGEMENT.OF ENCINA WATER POLLUTION CONTROL FACILITY STATEMENT OF THE MATTER In order to supervise the construction of the upgrading of the Encina Plant, Encina's General Manager has recommended that the firm of Brown & Caldwell be hired to serve as advisor and consultant in engineering and technical matters relating to construction and equipment prepurchase contracts at a preliminary estimate of $880,000. The Joint Advisory Committee unanimously approved the proposed agreement with Brown & Caldwell at a meeting held June 25, 1980. FISCAL IMPACT To provide services as detailed in the agreement, the estimated percentage of direct cost to the City is 3% or $26,400. •EXHIBIT Resolution No. (pZSb authorizing The Vista Sanitation District to enter into a Master Agreement for Step 3 Engineering Services with Brown and Caldwell for Phase III Enlarge- ment and Upgrading of the Encina Water Pollution Control Facility RECOMMENDATION Adopt Resolution No. Council Action: 8-5-80 Council adopted Resolution 6256. V* 1 I RESOLUTION NO.6256 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AGREEING TO A MASTER AGREEMENT 3 FOR STEP 3 ENGINEERING SERVICES BETWEEN VISTA SANITATION DISTRICT AND BROWN "S CALDWELL FOR PHASE III ENLARGEMENT 4 AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY 5 BE,IT RESOLVED by the City Council of the City of Carlsbad as follows: 6 1. That the City of Carlsbad does hereby approve and agree to the 7 Master Agreement for Step 3 Engineering Services between Vista Sanitation 8 District and Brown & Caldwell for Phase III Enlargement and Upgrading of the 9 Encina Water Pollution Control Facility, a copy of which is attached and in- 10 corporated by reference herein. 11 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad 12 at a regular meeting held the 5th day of August » 1980, by the fol- 13 lowing vote, to wit: 14 AYES: Council Members Packard, Casler, Anear and Kulchin 15 NOES: None 16 ABSENT: Council Member Lewis 17 RONALD C. PACKARD, MAYOR 18 19 ATTEST: 20 21 ALETHA L. RAUTENKflMZ, • CITY CLERK 22 23 24 25 26 27 28 ; MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES ft,,.. BETWEEN . UAJ 2 3 1S80 'VISTA SANITATION DISTRICT AND BROWN AND CALDWELL FOR PHASE III ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY THIS AGREEMENT made and entered into as of day of 1980, by and between the Vista Sanitation District, hereafter referred. to as "District" or "Owner", and Brown and Caldwell, a California corporation authorized to provide consulting engineering services, hereafter referred to as "Engineer". • WITNESSETH: WHEREAS, the District has planned for 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 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 trans- mission, 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, 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, the District entered into a Design Agreement with the Engineer on June 7, 1978 for Step 2 engineering services for the Phase III Enlargement and Upgrading of the Encina Water Pollution Control Facility, and WHEREAS, the Design Agreement did not provide for engineering services during construction (Step 3); and WHEREAS, District desires to retain Engineer as advisor and consultant in engineering and technical matters relating to the Step 3 construction and equipment prepurchase contracts; and WHEREAS, District has retained a construction manager (hereafter referred to as "CM") to provide certain professional construction management services relating to the Project; and V~«x "-•-•«•*2. . V WHEREAS, District is receiving grants from the U.S. Environmental Protection Agency (EPA) 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, as amended; and WHEREAS, Engineer has sufficient personnel and facilities necessary 'to accomplish the work within the required time and has performed similar services for the District in connection with other projects; and . NOW, THEREFORE, District and Engineer agree "as follows: '. I. Agreement ' ' . ' '. The complete agreement between the District and the Engineer is comprised of this master agreement and exhibits to it which describe more fully the.specific services to be provided by the Engineer and the compensation to be paid to the Engineer by the District. Exhibit "A" defines the scope of the work to be accomplished by the Engineer. Exhibit "B" defines the method of payment to the Engineer. Except as may be subsequently modified in writing by the District and the Engineer, the duties of the Engineer and compensation by the District shall not exceed that described.in Exhibit "A", Exhibit "B" and any Task Orders agreed to and executed by both parties. II. Authorization, Progress and Completion ' Authorization to proceed with the work in Exhibit "A" shall be in the form of Task Orders. Engineer shall not proceed with the work without a fully executed Task Order. Each Task Order shall specify the scope of the authorized subtasks to be performed, the account number to be charged, bases and amounts of compensation for the work to be performed, completion time schedule and the key professional personnel that will perform the services. Following execution by both parties, each Task Order including its supporting EPA Form 5700-41, shall become an amendment to and a part of this Agreement. Task Orders "shall be issued generally at 6-rr.cnth intervals, or other appropriate intervals for a logical breakdown of the work as it progresses. The supporting EPA Form 5700-41 shall also be the basis of the Engineer notifying the District of a subconcracting firm that would provide a portion of the services included in the Task Order and the District's approval of such firm pursuant to Article VI of this Agreement. For special engineering services, the authorization by the District 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 Article I which are to be performed by Engineer, the District agrees to pay, and Engineer agrees to accept, compensation in accordance with the provisions set forth in Exhibit "B" and the District's Task Orders. IV- Responsibility of Engineer • The Engineer is employed to render a professional service only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in carrying out the work. Engineer shall follow the practice of the civil engineering profession to make findings, opinions, factual presentations, and professional advice and recommendations. Engineer agrees to indemnify, defend, and hold District harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions of Engineer, its agents,, employees, or representatives in the performance of Engineer's duties under this agreement. In performing any construction management services, Engineer shall act as agent of the District. The Engineer's review or super- vision of work prepared or performed by other individuals or firms employed by the District shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. It is understood that .any resident engineering or inspection provided by the Engineer is for the purpose of determining compliance with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. The Engineer does not assume responsibility for means, methods, techniques, sequences or procedures used by a contractor, for safety of construction work, or for compliance by a contractor with laws and regulations. V. Integration ' • 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. . > , 4. V.-. --S V, ** ' VI. Subcontracts rf Engineer shall be entitled/ to the extent determined appropriate by the Engineer, to subcontract any portion of the work to be per- formed under this project. At the time subcontracted services are anticipated, the Engineer shall notify District of the nature of and need for such services and identify the proposed subcontracting firm. Engineer shall negotiate and administer subcontracts in accordance with Provision II of Appendix C-l to 40 CFR Part 35, Subpart E as published in the Federal Register on September 27, 1978. The Engineer shall be responsible to the District for the actions of persons and firms performing subcontract work. The Engineer is authorized by the District to subcontract work having a cost which will not exceed 25 percent of the total amount of compensation due under this Agreement. In the event Engineer desires to subcontract work having a cost in excess of 25 percent, the work shall be subject to the approval of the District and this Agreement shall be amended. The subcontractors selected as of the date of this Agreement and the work to be performed are as follows: Subcontractor Description of work Flewelling and Ishino Architectural services during construction VII. 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 Agree- ment, where such acts are not contrary to law or District ordinance, shall be the General Manager of the Encina Water Pollution Control Facility or as appointed by the District. VIII. 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 Project Manager, Mr. Graham T. Fraser. The Engineer shall notify the District in writing, when circumstances require any such change in assignment. Approval will be required by the District of any substitutions. IX. EPA Required Terms and Conditions The "Required Provisions—Consulting Engineering Agreements"f as published in the Federal Register dated September 27, 1978, 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" IN WITNESS WHEREOF, District and Engineer have caused this Agreement to be executed the day and date first above written. ATTEST:VISTA SANITATION DISTRICT Jean Brooks, Clerk Approved by resolution no. By Chairman on BROWN AND CALDWELL a California Corporation By /. LyhA Hart Mr rice /residei/t / EXHIBIT "A" j . ' SCOPE OF .WORK AND TIME SCHEDULE Under this Agreement, the Engineer shall provide certain Step 3 engineering services to the District which will support and compliment the services being provided by the CM on the project. The services to be provided shall include those as described herein. A. • Project Description The existing facilities will be expanded, modernized and upgraded to provide an average dry weather flow capacity of 18 mgd and full •secondary treatment of all flow, utilizing the activated sludge process. The facility is designed for future enlargement to an ultimate average dry weather flow capacity of 45 mgd. The project will include the construction of the screening building to house the screenings and grit processing facilitiesr new aerated grit tanks, improvements to the primary sedimentation tanks and primary gallery, new aeration and secondary sedimentation tanks, new dissolved air flotation thickeners, a new anaerobic digester, a new sludge dewatering building, a new effluent pumping station, a new chlorination building, a power building to enclose the plant's engine-generators, aeration and agitation air blowers and electrical distribution equipment and a maintenance workshop, a new operations building, coversion of the existing operations building, to a mainten- ance building, a new maintenance building called the maintenance annex, stormwater control facilities, plu.itwide utility systems, and related improvements. The project was divided into a number of bid packages as outlined in the "Multiple Contracts Feasibility Study" dated May 11, 1979, prepared by the CM and as subsequently modified by the District. These bid packages and the scope of the construction work in each is described as follows: . . Contrac- 2 - Supply and Delivery, Continuous Belt Filter Presses Contract 2 is for the supply and delivery of four 2-meter continuous belt filter presses for dewatering anaerobically digested primary and waste-activated sludge. Contract 3 - Supply and Delivery, Engines, Generators and Blowers Contract 3 is for the supply and delivery of three internal combustion engine-driven generators complete with cooling and silencing equipment and related controls, two internal combustion engine-driven •blowers complete with cooling and silencing equipment and related controls and three motor-driven blowers with associated appurtenances. Contract 5 -Supply and Delivery, Mechanically Cleaned Bar Screens Contract 5 is for the supply and delivery of three mechanically .cleaned bar screens. Contract 6 - Supply and Delivery, Dissolved Air Flotation Thickening Equipment • Contract 6 is for the supply and delivery of equipment for two dissolved air flotation thickeners including pressurization pumps and air saturation tanks. ' . Contract 7/9 - Construction of Site Preparation., Storm Water Control 'Facilities and Secondary Treatment Facilities" Contract 7/9 includes the site and drainage works including the storm control channel and the construction of the secondary treatment facilities including aeration tanks/ secondary sedimentation tanks and sludge collectors, mixed liquor and return activated sludge (RAS) conveyance facilities, pumps, aeration diffusion equipment and all related electrical work. Contract 8 - Construction of Operations Building Contract 8 is for the construction of the operations building for the Encina Water Pollution Control Facility. The operations building will include offices, the plant laboratory, facilities for the plant operating staff, and the plant control room. Contract 10/11 ~ Construction of Treatment Facilities and Commissioning Contract 10/11 is for the construction of the remainder of the project and the installation of the equipment furnished by the Owner and will- include plantwide--instrumentation and commissioning work indu- ing work in those facilities constructed under Contract 8 and Contract 7/9. B. Basic Step 3 Engineering Services .. Step 3 Engineering Services include all engineering services provided the District from the award of contracts through to the completion of the commissioning period and operator training. The -object of these services is to support and compliment the CM services with respect to engineering matters. 1. Subtasks Specific subtasks to be performed by the Engineer under Step 3 Engineering Services will include the following: Subtask 1, Management Planning, organization and management of the Engineer's project team and the Engineer's work will be performed under this subtask. This subtask includes the following: a. Establish and monitor completion level versus hours and costs expended for each subtask. * v b. Supervise project team and periodically review the work performed by Engineer's project team. c. Procure and supervise Engineer's subcontractors as necessary. d. Correspond and communicate with representatives of the District. e. Assistance to District with respect to developing task orders, special engineering services and amendments to the Agreement. Subtask 2, Interpretation of Contract Documents Upon request of District or CM, Engineer shall provide independent interpretation of the technical requirements of the contract documents. Subtask 3, Preparation and/or Review Supplementary Drawings Engineer shall provide supplementary drawings required to resolve actual field conditions encountered or other necessary drawings which in any way effect the design. Other supplemental drawings not effecting the design may be prepared by the CM and reviewed •by the Engineer for general conformity with the project and other general matters. Such drawings would bear the s^al of the CM. The Engineer will not be responsible for the accuracy nor completeness of these drawings. Subtask 4, Review of Submittals and Test Reports Upon request of District or CM, Engineer shall review detailed construction drawings, shop and erection drawings, equipment and equipment installation drawings or other information submitted by the construction contractor to determine general conformance and compliance with the contract provisions. Engineer will review each submittal as expediciously as possible, the average turnaround time shall be approximately 14 days and the longest period shall be consistent with the submittal review times in the various Project Manuals. Subtask 5, CoordinationMeetings Upon request by the District or CM, Engineer shall attend coordination meetings with the District, the CM, contractors, subcontractors, equipment suppliers, or others. Subtask 6, Assistance Regarding Change Orders At the request of the District or CM, Engineer shall provide assistance to the District or CM regarding construction contract change orders initiated by the Engineer or others. . Subtask 7, On-Site Visits Upon specific request, Engineer shall visit the construction site for the purpose of observing the actual construction conditions and making"recommendations to District or CM, as necessary. Letter reports of such visits shall be submitted. * • - v. Subtask 8, Witnessing Testing of Equipment Upon specific request, Engineer shall provide services necessary for witnessing the testing of certain equipment at the factory and/or on the construction site and reporting the results of such tests to the District or CM. ' . Subtask 9, Preparation of Record Drawings Utilizing the reproducible drawings prepared under the Step 2 design services, Engineer shall prepare a set of record drawings reflecting all field changes accumulated and documented by the CM during con- struction. The District will furnish the Engineer with all such necessary record information indicating changes or modifications from design during construction, including field measurements verified by the CM. Upon completion of the record drawings, Engi- neer shall furnish District with one set of full size record draw- ings on mylar film for each of the Phase III construction contracts Subtask 10, Preparation of Operations and Maintenanc_e_Manua-l The complete draft Operations and Maintenance. (p&M) Manual, pre- pared as part of the Step 2 Engineering Services, will be revised to include all necessary revisions and actual equipment maintenance information. This revised draft O&M manual will be submitted at approximately the 90 percent complete construction level. In addition, after plant start-up, Engineer shall prepare the. final revised O&M Manual. The O&M Manual submittals will conform with the requirements of the State Water Resources Control Bo'ard (SWRCB) "Operation and Maintenance Manual Guidelines for Wastewater Treatment Plants" dated December, 1975. . Subtask 11, Start-up Services Program Engineer will provide the start-up services program as set forth in Clean Water Grant Program Bulletin No. 37A issued February 1978. Subtask 12, Assistance with Bidding Engineer will provide assistance during the bidding period of Contract 10/11 up to the time of contract award. The work includes, responding to telephone inquiries, preparation of addenda, meeting with contractors and suppliers, issuing the documents and addenda, and reviewing bids. Subtask 13, Financial Plan and Revenue Program Engineer will provide services to update the financial plan and revenue program when necessary during the course of the project. C. Special Step 3 Engineering Services District and Engineer agree that certain of the work contemplated to be performed by Engineer cannot be defined sufficiently at the time of execution of this Agreement, and that incidental engineering work related to the project and not covered in Exhibit "A" may be needed during performance of this Agreement. It is intended that such categories of work be classified as Special Step 3 Engineering Services. D. Time Project Schedule The time schedule for completion of the subtasks described in paragraph B.I. of this Exhibit shall be established in the Task Orders in accordance with Article II of this Agreement. EXHIBIT "B" COMPENSATION A. Compensation : • Compensation for services provided under Article I of the Master Agreement shall be in accordance with the methods described in this exhibit and the specific amounts shown in each of the Task Orders. Compensation for each authorized phase of the Step 3 engineering services shall be on the basis of: (1) cost reimbursement/ (2) hourly rate, or as may be later mutually agreed to at the time of authoriza- tion. , 1. Cost Reimbursement Basis . . Compensation for each phase of the work or service authorized on a cost reimbursement basis shall be the cost reimbursement plus a fixed professional fee, as defined herein. • a. Cost Reimbursement The cost reimbursement portion of the compensation shall be* the sum of direct labor costs, indirect costs and other direct costs, as herein defined. The cost reimbursement for each designated service shall not exceed the cost ceiling listed in the Task Order without formally amending the Task Order. • (1) Direct Labor Costs Direct labor costs shall be the total number of hours worked on the job by each employee multiplied by the employee's hourly direct labor rate. Direct labor costs for principals, who are defined as professional engineers assigned to the corporate staff of Engineer, will be based upon the actual rate of pay for those individuals. (2). Indirect Costs Indirect costs shall be the product of all direct labor costs multiplied by an overhead rate. A billing overhead rate of 1.50 shall be used for interim reinbursement purposes. The Engineer, as soon •as possible but not later than ninety (90) days after the expiration of his fiscal year, or such other period as may be mutually agreed upon, shall submit to the District a proposed provisional overhead rate or rates for the period based on the Engineer's actual cost experience during that period, together with supporting cost data. Negotiation of provisional overhead rates by the Engineer and the District shall be undertaken as promptly as practicable after receipt of the Engineer's proposal. Allowability of costs and acceptability of costs allocation methods shall be determined in accordance with the applicable portions of the Federal Procurement Regulations, 41 CFR 1-15.4 as in effect on the date of this Agreement. The results.of each negotiation shall be set forth in an amendment to this Agreement, which shall specify (1) the agreed negotiated provisional rates (2) the bases to which the rates apply, and (3) the Task Orders and periods for which the rates apply. Pending establishment of negotiated provisional overhead rates for any period, the Engineer shall be reimbursed at billing overhead rates as provided in the Agreement, subject to appropriate adjustment when the negotiated provisional rates for that period are established. To prevent substantial over or under payment, and to apply either retroactively or prospectively billing overhead rates may, at the request of either party, be revised by mutual agreement. . Any such revision of billing overhead rates shall be set forth in an amendment to this Agreement. Any failure by the parties to agree on any rates under this clause shall be subject to the "Remedies" clause contained in Exhibit "C" of this Agreement. Negotiated provisional overhead rates negotiated by the parties to this Agreement shall be"used to adjust all interim billings as soon as such rates are established. Negotiated provisional overhead rates shall be subject to review and revision by the cognizant audit activity designated by the EPA Project Officer, and shall be adjusted either upward or downward in accordance with EPA rulings following interim or final audits. Indirect costs for qost reimbursement work under this Agreement shall be the product of direct labor costs multiplied by the final audited overhead rate. (3) Other Direct Cost Other direct costs shall be billed at cost and shall include the following: (a) Services directly applicable to the work such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory charges, commercial printing and binding, and similar costs that are not applicable to general overhead. B~2 (b) Identifiable reproduction costs applicable to the work such as printing of drawings, photo- stating, multilithing, printing and similar costs. (c) Identifiable communication expenses, such as long distance telephone, telegraph, cable," express charges, and postage other than for . general correspondence. (d) Living and traveling expenses of employees when away from home office on business connected with work except for automobile travel which shall be billed at the Engineer's standard established rate. (e) Subcontracted services. Costs described above shall be payable up to the cost ceiling listed in the Task Order. If any item in the services provided for under the Task Order is not completed within the cost ceiling established for that item, Engineer shall continue with all or any part of the work for which an increased cost ceiling is established, but not otherwise. b. Fixed Professional Fee The fixed professional fee 'portion of the compensation shall be the amount listed in the Task Order and it shall not be increased (or decreased) except in the event there is an air^ndment to the Task Order that increases (or decreases) the scope of work. 2. Hourly Rate Basis Compensation for each phase of the work or 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 Cost Direct salary cost shall be the total number of hours worked or. the job by each employee times an hourly billing rate for such employee's labor category. The hourly billing rate for each employee category shall be the sum of: (1) the regular direct labor rate, (2) the indirect costs rate and (3) a professional fee rate. The basis of computation for the hourly billing rates shall be indicated on the rate schedule approved and attached to the Task Order at the time of authorization. B-3 b. Direct Nonsalary Cost Direct nonsalary costs shall be actual costs and shall include the following: » > (1) Services directly applicable to the work such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory charges, commercial printing and binding, and similar costs that are not applicable to general overhead. (2) Identifiable reproduction costs applicable to the work such as printing or drawings, photostating, multilithing, printing and similar costs. (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 Engineer's standard established rate. (5) Subcontracted services. ~ Compensation for any service on an hourly rate basis shall not exceed the price ceiling listed in the Task Order for given service, or if none is shown, shall not exceed the price ceiling agreed to at the time of authorization of the service, without amending the Task Order. In the event the entire scope of work provided for under an hourly rate service is not completed within the price ceiling established for such service, Engineer shall continue with all or any part of the work for which an increased price ceiling is established, but not otherwise. 3. Limitation on Cost and Time The estimated cost ceiling (for services authorized on a cost reimbursement basis) and the price ceiling (for services authorized on an hourly rate basis) established pursuant to Paragraph C of this Exhibit and the time for completion given in the authorization will not be exceeded. The Engineer agrees to use his best efforts to perform the work specified in Article I within the estimated cost and time of completion. If, at any time, the Engineer has reason to believe that the estimated cost ceiling or price ceiling will be greater or sub- stantially less than the ceilings in Paragraph C, the Engineer will notify the District in writing to that effect. The notification will state.the revised estimated cost ceiling or .price ceiling for perform- ance of the services and, if applicable, the revised time for completion. Such notification will be submitted to the District at •the earliest possible date and in no event later than 10 days prior to scheduled completion of the work. The District shall not be obligated to reimburse the Engineer for costs incurred in excess of the estimated cost ceiling or price ceiling established pursuant to Paragraph C.. The Engineer shall not • be obligated to continue performance under this agreement or otherwise incur costs in excess of the estimated cost ceiling or price ceiling established pursuant to Paragraph C, unless and until the District shall have notified the Engineer in writing that such estimated cost ceiling or price ceiling has been increased and shall have specified in such notice a revised estimated cost ceiling or price ceiling for performance of this agreement. . If, after such notification, additional funds are not allotted by the end of the period scheduled for completion, or an agreed date substituted therefor, the District will, upon written request by the Engineer, terminate this agreement pursuant to the provisions of the originally scheduled completion date or an agreed date substituted therefor If the Engineer, 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 date7' he shall .specify the later date in his request,, and District, at its discretion may terminate this agreement at that later date. Since the nature of the services to be performed by the Engineer is in responding on an "as needed" basis to the District and the CM, the period of time established for performing the work set forth in each task order is only an estimate. If the work takes less time than that set forth in the task order, the District will have the option of amending the task order, issuing a new task order for the remainder of the period or issuing a new task order for a period extending beyond the criginally established date. B. Payment of Compensation Charges determined on the basis of this exhibit shall be billed monthly to the District and payment by the District shall be made within a reasonable period of time. Monthly invoices shall be submittec with a brief status report and shall contain the following information for each type of compensation. B-5 <*"•'"*>% 1. Cost Reimbursement Basis For the cost reimbursement portion of the compensation, invoices shall include the following: (1) each labor classification, (i.e., professional, technical and clerical) and the total number of hours worked by employees in that classification, (2) the calculated average direct labor rate and the direct labor costs for each labor classification, (3) total indirect costs and (4) each general category of other direct costs. For the fixed professional fee portion of the compensation, invoices shall include the percent of the total fixed professional fee to be paid each month in accordance with the tabulated amounts shown in each Task Order. ." • . - • 2. Hourly Rate Basis Invoices for services authorized on an hourly rate basis shall include the following: (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, and (3) each general category of other direct costs. Engineer shall accumulate all of the costs incurred pursuant to this Agreement by each of four account numbers that have been designated for each of the grant numbers in accordance with the following schedule and the subtasks authorized under each task order: •Account No.a 1016-170 1016-240 1016-230 1016-250 Contract No. 2 5 3/4 6 1 - 7 9 8 10/11 Grant No. 1016-110-02 1016-110-05 1016-170-01 1016-170-02 1016-110-01 1016-220 1016-240 1016-230 1016-250 Description Belt Filter Presses Bar Screens Engines, Generators, and Blowers DAF ' S Secondary Collectors Site Preparation Secondary Facilities Operations Building Major Facilities Account numbers represent the grant numbers designated to accumulate charges for the indicated contracts. B-6 C. *• Compensation Schedule For each service authorized under this Agreement, compensation shall be in accordance with the applicable portions of this Exhibit and the following: 1. Basic Step 3 Engineering Services . Compensation for the Step 3 engineering services shall be as established in the Task Orders in accordance with Article II of this Agreement. - As the level of effort required for these services cannot be accurately estimated at this time, the total compensation cannot be firmly established. The Engineer and District agree that the best estimate of the total compensation for subtasks 1 through 13 at the time of execution of this Agreement is $880,000. It is understood that this represents a preliminary estimate for budgetary purposes and that the actual authorized compensation will be stipulated in specific Task Orders. It is based on the construction period being completed prior to June 30, 1983. The District's Project Officer shall be empowered to issue Task Orders to the Engineer providing the accumulated total authorized compensation does not exceed the above budgetary amount. If it is necessary to increase this total budget amount, then this Agreement must be amended. 2. glacial Step 3 Engineering Services Compensation for special Step 3 engineering services (paragraph C of Exhibit "A") shall be agreed to at the time of authorization. An allowance of $75,000 shall be established for such special engineering services as may be authorized by the District's Project Officer in accordance with Article II. This allowance may be increased by amending this Agreement or through a task order. B-7 EXHIBIT "C" AMD REGULATIONS C-l—REQUIRE! PROVISIONS— CO'MSULTINC EJ<CIN££J<I;<C ACRUAUNTS 1. General 2. Responsibility of the Engineer J. Scope of Work 4. Changes 5. Termination 6. Remedies 7. Payment 8. Project Design 9. Audit; Access to Records 10. Price Reduction for Defective Cost or Pricing Dnta 11. Subcontracts 12. Labor Standards 13. Equal Employment Opportunity 14. Utilization of. Small' or Minority Busi- ness 15. Covenant Against Contingent Fees IS. Gratuities • 17. Patents 18. Copyrights and Rights in Da.La I. CESrRAt. <a) The owner and the engineer agree that the following provlsiotvs apply to the EPA grant-eligible work to be performed under this agreement and that such provisions su- persede any conflicting provisions of this agreement. (b) The work under this agreement Is funded In part by a grant from the U.S. En- vironmental Protection Agency. Neither the United Stales nor the U.S. Environmental Protection Agency (hereinafter. "EPA") is a party to this agreement. This agreement which covers grant-eligible work (s subject to regulations contained in 40 CF"R 35.335. 35.937. and 35.939 in effect on the dale of execution of this agreement. As used .In these clauses, the words "Ihe date of execu- tion of this agreement" mean the dale of execution of this agreement and any subse- quent modification of the terms, compensa- tion or scope of services pertinent u> unper- formed work, (c) The owner's rights and remedies pro- vided in these clauses are In addition to any other rights and remedies provided by law or this agreement. ' 7. RESJ-OMSIBIUTY Or THE ENGINEER (a) The engineer shall be responsible for tht professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, wid other services furnished by the engi- neer under this agreement. The engineer shall, without additional compensation, cor- •rect or revise any errors, omissions, or other deficiencies In his designs, drawings, specifi- cations, reports, and other services. (b) The engineer shall perform such pro- fessional services as may be necessary to ac- complish the work required to be performed under this agreement. In accordance with this agreement and applicable EPA require- ments in effsct on th<; date of execution of this agreement. (C) The owner's or EPA's approval of drawing, designs, specifications, reports, and Incidental engineering work or materi- als furnished hereunder shall not in any way relieve the engineer of responsibility for the technical txdequacy of his work. Nei- ther the owner's nor EPA's review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as «. waiver of any rlghls under this agreement 44091 or of aivv r;aii>- of action arising out. of theperform *l>r. of ln;i aj[r<;ement. <d) I :\> .-nui/ie^r shall be and shall remain liable. ,'.\ »,.cordanc* -llh applicable U-\ for all da-'ivv,,,., to -v,e O-TILT or EPA caused by the cni,,^,r-s negligent performance of aJ\y of the ». rvK-es furnished under this ogree-menV ev""pt for errors, omlislonj or otherdeficit, ..., t<) the extent attributable to the v owner. ^vner-funiUhexl data, or any third party. T!\,» i?ngi;ie«r shall not be responsible for any i(me je'-iyi in the project caused by circum.>;»,Vvs be/ond the englneeer's con- trol. \V. •»>,.., innovat!ve processes or tech- niques ;>^. 40 Cp.^ 35.903) are recommend- ed by t:\,» engineer and are used, the engi- neer shiij tvj. ijaijie only for grois negligence to the «\te(.l of soch. Ui«. 3. score or WORK The voices ^j oe performed by the engi- neer s:\v,i include ill services required tocomplete tne tisk or step ^ accordance with amicable EPA regulations (-40 CFR Part 35, fjiiapirt s in effect on the date of */e<lUtl'>'v of tnis 3Src*m«nt> l° the extenc01 the v,HM Of .j,.orlt £3 defined ar.d set out . . .*"«fftne«rln-j services asrtremeat to which t;vse proyiiioni axe attached. 4. CHAWCtS ^aj "^* owner tniy. at any lime, by writ- ten ords-r ma_tc chinaes within the gtner»J scop* of xi,js ijr.-ernent in the services or work ta :^» performed, if such change-s ciiise an- incr;.VK» or decrease in the engineer's 0031 °'l.'*r llrne '-1uiti;d for- Performance ofany se.> ;,-p$ ur.rfer this agreetnent. whether or not .~^ vi;e<l by Any order. &n equitable adjusts >nt ss,.n titf made ar.d tills igree- men: shA:i be --,o..ii.'ied in wrttinj according- ly. The rMX;;ie-;r mu:3t assert any claim for adJus'-r^-At ur_-.,r t^is clause In writingwithin ,».} tUy3 ;.,.,.;, tne dat<: of rece;pt b>- the ep.i,.iecr Of tj..e Iv0tlflcatior> of change. unless ;>.^ o'A-p.er gntits a further period of time t> =v, ,-.-» ine <^if of final payment undexthis aiT-i>ment. <b) N.\ ;erv-!c£i for which an additionilcompe:'.xA;ion -,;( [^ charged by the engi- neer S^A;I te fumuhed without the writtena.uthort£-MJon of the owner. . (c) Ir\ the event th*t there Is a modifica- tion o! --:p\ requirtmenu relating to the service* jo be performed under this agree- ment i;>er the dace of execution of this agrcem?,,lt the increased or decreased cost of perfcs-mance of th? services provided for in thb k^reement shall be reflected in an appro^.xte mocliflcation. of this agreement. ». TTKMlWATIOIf (a) El: V[. px.— / auj, termiivaite this agree-ment. '.:> W(,o!e or ^ pjj-^ in writir.s. u the other pAtty suDitintially faOi to fulfill Its Obligaf ,- 1s urc;._.r this a*rrecmcnC through no faui; ,-,( tn^ terminating pirty. However. no sues ,cjmi.-:atlon miy be effected unlesi the ot Si.-..- pjv.-ty ^ given (1) not less thin ten (10) 0:1:..,-,}^ ^yj Britten notice (d-:!ivered by cea ,,.-j p...; i. r=.-corn receipt requested) of IniciM to t^.-.-r.LnaU; and (2) an ty for .v>,v;u::iiion xith Uie' (b) T'' ment. •->. convea ••cause (>, ma.)or v > quire.-n.; ,, ; tn::;a'Jon of a new s'.t-p) and the , oar,»r may terminals this agree- ^|,0;e ^f Hi pirt. in writing, for lu -..•<?•. if the termiiiition Ls for good rt-h lVj for legal or financial reaio.-u. in the work or prorfroTTi re- engme-,%.thin ten (10) caleniUv j.\>s iri'.ten notice (delivered by FHDJIAL IHJISTM, VOL *X HO.'lM—WcDNJSOAY, UPIEMStX 27, 44092 certified malKreturn receipt requested) of Inlenl to terminate, and (2) on opportunity for consuUktlon with the terminating party before termination. <cl If the owner terminates for default, an tqutl.ible adjustment In', the price provided for In this agreement shall be made, but (U no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the engi-neer at the lime of termination may be ad- Justed to the extent of any addltloiml co.sU Ihe owner Incurs because of the engineer'sdefault. If the engineer terminates for de- • fault or If the owner terminates for conven- ience, the equitable adjustment shall In- clude a reasonable profit for services or Other work performed. The equitable ad- justment for any termination shall provide lor payment to the engineer for services rendered and expenses Incurred before the termination. In addition to termination set- tlement costs the engineer reasonably Incurs relating to commitments which had become firm before the termination. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the engi- neer shall (1) promptly discontinue all ser- vices affected (unless the notice, directs oth- erwise), and <2) deliver or otherwise makeavailable to the.owner all data, drawings, specifications, reports, estimates, summar- ies, and such other Information and materi- als as the engineer may have accumulated In performing this agreement, whether com- pleted or In process. <e) Upon termination under paragraphs (a) or (b) above, the owner may taie over the work and prosecute the same to comple- tion by agreement with another party or otherwise. Any work the owner takes over K>r completion will be completed at the owner's risk, and the owner will hold harm- ItsS'the engineer from ill claims and dam- ages arising out of improper use of the engi- neer's work.<f> If. after termination for faiiure of the engineer to fulfill contractual obligations, it 'Is determined that the engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the owner. In such event, adjustment of theprice provided for In this agreement shall be made as paragraph (c) of this clause pro- vides. " . t. JtCMOItS Except u this agreement otherwise pro- vides, all claims, counter-claims, disputes. and other matters In question between the owner and the engineer arising out of or re- lating to this agreement or the breach of It will be decided by arbitration if the parties hereto mutually agre*. or In a court of com- petent Jurisdiction within the State In which the owner Is located. T. tAYMCMT <a) Payment shall be made In accordance with the payment schedule Incorporated In this agreement as soon as practicable uponlubmlsslon of statements requesting pay- ment by the engineer to the owner. If no such payment schedule Is Incorporated In IhU agreement, the payment provisions of paragraph (b) of this cUnse shall apply. (b) The engineer may request monthly progress payments and the owner shall tn&ne them as soon as practicable upon sub- mission of statements requesting payment by the engineer to the owner. When such progress payments arc made, the owner may RULES AND REGULATIONS withhold up to ten (10) percent of the vou- chtrred amount until sitb.'actory completion by the engineer of work and services within U step called for under this acreetnent. When the owner determines that the -*ork under this agreement or any specified task hereunder Is substantially complete and that the amount of retained percentages U In excess of the amount considered by him to be adequate for his protection, he shall release to the engineer such excess funount, (c) No payment request made under para-graph (a) or (b) of this clause shall exceed the estimated amount and value of the work and services performed by the engineer under this agreement. The engineer shall prepare tlie estimates of work performed and shall supplement them with such sup- porting data as the owner may require. • (d) Upon satisfactory completion of the- work performed under this agreement, as a condition precedent'to final payment under this agreement or to settlement upon termi- nation of the agreement, the engineer shall execute and deliver to the owner a release of all claims against the owner arising under or by virtue of this agreement, other than such claims. If any. as may be specifically exempted by the engineer from the oper- ation of the release In stated amounts to be set forth therein. ». PROJECT DESIGN (a) In the performance of this agreement. the engineer shall, to the extent practicable, provide for maximum use of structures, ma- chines, products, materials, construction methods, and equipment which are readily available through competitive procurement. or through standard or proven production techniques, methods, and processes, consist- ent with 40 CFR 35.938-3 and 35.935-13 in effect on the date of execution of this agree- ment, except to the extent to which Innova- tive technology may be used under 40 CFR 35.903 in effect on the elate cf execution of this agreement. (b) The engineer shall not. In the perform- ance of the work under this agreement, pro- duce a design or specification which would require the use of structures, machines, products, materials, construction methods, equipment, or processes which the engineerknows to be available only from a sole source, unless the engineer has adequately justified the use of a sole source In writing1. <c> The engineer shall not. Ln the perform- ance of the work under this agreement, pro- duce a design or specification which would be restrictive In violation of sec. 20-4(aX6) of the Clean'Water Act. This statute requires that no specification for bids or statement of work shall be written In such a manner as to contain proprietary, exclusionary, or dis- criminatory requirements other than those based upon .performance, unless such re-' qulreraenUs ore necessary to test or demon- strate a specific thing, or to provide for nec- essary Inlerchangeabillly of parts and equipment, or at least two brand nnr.es or trade names of comparable quality or utility are lUtcd «\nd are followed by the words "or equal." With regard to materials. U a single material Is specified, the engineer must be prepared to substantiate the basb for the selection of the material. (d) The enslneer shall report to the owner any sole source or restrictive design or speci- fication giving the rt.ison or reasons why It b necessary to restrict the design or specifi- cation. (c) The engineer shall not knowingly specify or approve the performance of wor'i at a facility which is In violation of clean air or water standards and which Is listed by the Director of the LPA Office of Federal Activities under JO CFR Part 15. . ». ACDIT; ACCESS TO RECORDS (a) The engineer shall maintain books, records, documents, and other evidence di- rectly pertinent to performance on EPA grant work under this agreement [n accord- ance with generally accepted accounting principles and practices consistently ap- plied, and 40 CFH 30.605. 30.805. and 35.935- 7 In effect on the date of execution of this agreement. The engineer shull also main- tain the- financial Information and data used by tne engineer Ln the preparation or sup- port of the cost submission required under 40 CFH 35.9TT6<b> In effect on the dale of execution of this agreement and a copy of the cost summary submitted to the owner. The U.S. Envi.-onmental Protection Agency, the Comptroller General of the United States, the U.S. Department of Labor, owner. anJ (the State water pollution con- trol agency] or any of their duly authorized representatives shall have access to such books, records, documents, and. ether evi- dence for Inspection, audit, and copying. The engineer will provide- proper facilitiesfor such access and Inspection. (b) The enslnoer agrees to Include para- graphs (a) throiiKh (e) of this clause In (ill his contracts sand all tier subcontracts di- rectly related to project performance that are In excess of S10.QOO. <c) Audits conducted u:ider thU provision shall be la nc.-ord.ince with generally ac- cepted audltlita standards, arid established procedures anil guidelines of the reviewing or audit aseiicivli.-s). (d) The engineer agrees to the disclosure of all Information and reports resulting from access to records under paragraphs (a)and (b) of this clause, to any of the agencies referred to In paragraph (a), provided that the engineer Is afforded the opportunity for an audit exit conference and an opportunity to comment nvi submit any supporttr.z doc- umentation on the pertinent portions of the drajft audit report and that the final audit report will Include written comments of rea-sonable length. If any, of the engineer. (e>The cn^irs-er shaJl maintain and make avaJlabl? records under paragraphs (a) and (b) of this clause during performance on EPA grant work under this agreement, and until 3 years from the date of final EPA Errant payment for the project. In addition, those records which relat/; to a.ny "Dispute" appeal under an EPA grant agreement, to litigation, to the settlement of. claims aris- ing out of such performance, or to cosLs orItems to which an audit exception has been taken, shall be- maintained ruicl made availa- ble until 3 years after the date of resolution of such appeal, litigation, claim, or excep- tloru >o. ?nics REDUCTION roR DZTTcrrvr cost oa PRtCIHG DATA (77i(j cfaui* is applicati.'e if the amount of lh\i ayrtcvicnt exceeds 100.COO.) (a) If the owner or EPA doU-rmlnes that any price. Including profit, negotiated In connection with ttilj agreement or any cost relintiursiible under thU agreement, was In- creased by any significant suir^ bcc.-iu.se the tnslnrer or iny subcontractor furnhhcJ In- complete or Inaccurate co^l or prlcl:i£ data FEDERAL REGISTER, VOL 43, NO. 133—WEDNESDAY, SEPT£M3J» 17, 1978 . . or dataVvol current is certified In his certn*"' .cation of current cost or pricing data (EPA form 5700^41). then such price, cost, or profit s'^aa be reduced accordingly and the tijreernenl shall be modified in writing to reflrwt such reduction. tb) Failure to agree on a reduction shall be subject to the remedies clause of thUagreement. (.Vote.—Since the agreement is subject to reduction under this clause by reason of de- fective cast or pricing data submitted in connection tciWl certain subcontracts, the engineer may Irish to include a clause in each such, subcontract requiring the subcon- tractor to appropriately indemnify the engi- neer. It it aha expected Uiat any subcontrac- tor subject to such indemnification will gen- erally require substantially simitar indemni-' fication for defective cost or priciny data, re- quired to be submitted by his lower tier sub- Contractors.) II. SUBCONTRACTS ' <a-) Anjr subcontractors and outside asso- ciate* or consultants required by the engi- neer In connection with sen-ices under this agreement will be limited to such Individ- uals or firms as were specifically identified and agreed to during negotiations, or as the owner specifically authorizes during the performance of this agreement^ The owner must give prior approval for any substitu- tions In or additions to such subcontractors, associates, or consultants. (b) The engineer may not subcontract ser- vices In excess of thirty (30) percent (or percent. If the corner and the enjl- neer hereby agree) of the contract price lo subcontractors or consultants without the owner's prior written approval. j a. LABOR STANDARDS To the extent that this agreement In- volves "construction" (as defined by the Secretary of Labor), the engineer agrees . that such contraction work shall be subject to the following labor standards provisions. to the extent applicable: (a) DavU-Bacon Act UO U.S.C. 276a— 276».-7): (b) Contract Work Hours and Safety Standards Art (40 U.S.C. 327-333); <c) Copeland Antl-Klckbacfc Act (18 0.S.C.87<); and <d> Executive Order 11246 (Equal Employ- ment Opportunity); and Implementing rules, regulations, and relevant orders of the Secretary of Labor orEPA. The engineer f-rthsr agrees that this agreement shall include and be subject to • the "Labor Standards Provisions for Feder- ally Assisted Construction Contracts" (EPA form 5720-U In effect it the time of execu-tion of this agreement. 13. rqOAJ. txyiorMTrrr orroRTirrfrnr In accordance with EPA policy as ex- pressed Ln 40 CFR 30.420-5. the engineer agrees that he will not discriminate against any employee or applicant for employment because of race, religion, color, sex. age, or nattoaal origin. i«. tmtrz.vnor< or SMALL AMU MINORITY IDSINTSS In accordance with EPA policy as ex- preiued In 40 CFR 35.936-7. the engineer agrees that qualified small business and mi- nority business enterprises shoJI have the maximum practicable opportunity to pur- RULES AND REGULATIONS ticipate In the performance of EPA grar-.: contracts and subcontracts. IS. COVrtf.VXT AGAINST COMTIHCC.VT FTSS The engineer warrants tha't no person cv selling agency has been employed or re- tained to solicit or secure this contract upo.\ an agreement or uhcJerst.izidi.ijj for a com- mission, percentage, brokerage, or contirv gent fee. excepting bona fide employees. Fo, breach or violation of this warranty iro owner shall have the right to annul .th.>, agreement without liability or In its discr^ tlon to deduct from the contract price or consideration, or otherwise recover, the fu } amount of such commission, pcrcentai*,, brokerage, or continSL-nl fee. • IS. CRATtTITIES (a) If It Is found, after notice and hearir.j^ by the owner that the engineer, or any oi. the engineer's agents or representatives, oi- Icred or gave gratuities (in the form of en- tertainment, gifts, or otherwise), to any of.".* cial. employee, or agent of the owner, of t>.» State, or of EPA In an attempt to secure a contract or favorable treatment In award- Ing, amending, or making any determine,-, tioas related to the performance of thu, agreement, the owner may. by written notice lo the engineer, terminate the righ: of the engineer to proceed under this agree- ment. The owner may also pursue other rights and remedies that the la* or IhU agreement provides. However, the existence of the facts upon which the owner bases, such findings shall be in Issue and may b* reviewed In proceedings under the remedies clause of this agreement. (b) In the event this agreement is termi^ nated as provided In paragraph IB.) hereof. the owner shall be entitled: (1) To pursuv- the same remedies against the engineer as i: could pursue in the event of a breach of the contract by.the engineer, and (2) as a penal- ty, in addition to any other damages Co which it may be entitled by Iiw. to exempla- ry damages in an amount (as determined by the owner) which shall be not less than 3 nor more than 10 times the costs the engl- rteer incurs In providing any such gratuities to any such officer or employee. It. PATENTS If this agreement Involves research, devel- opmental, experimental, or demonstration work and any discovery or Invention arises, or Is developed In the course of or under this agreement, such Invention or discovery shall be subject to the reporting and rights provisions of subpart D of 40 CFR part 30. In effect on the date of execution of this agreement. Including appendix B of part 30. In such cose, the engineer shall report the discovery or invention to EPA directly orthrough the owner, and shall otherwise comply with the owner's responsibilities in accordance with subpart D of 40 CFR pare 30. The engineer agrees that the disposition of rights to inventions mide under this agreement shall be in accordance with ths terms and conditions of appendix B. The en- 'glneer shall Include appropriate patent pro- visions to achieve the purpose of this condi- tion In all subcontracts involving research, developmental, experimental, or demonstra-tion work. II. COPYRIGHTS AMD RIGHTS IX DATA (a) The engineer agrees that any plans, drawings, designs, specifications, computer 4-1093 f<rocr-ur.s (which are substantially palcl for "its E?A grant funds), technical reports, •>t>eratir? manuals, and other work submit- >.i"l with a step, 1 facilities plan or with a 'Jpp 2 or step 3 grant application or which v* specified to be delivered ur.der this *<re»mer.t or which are developed or pro- 'luc-d and paid for under.this agreement 'referred to. in this clause as "Subject bil.V) are- subject to the rights in the '/nili-J States, as set forth In subpart D of 10 CFT> part 30 and In appendix C to 40 era part 30. !n effect on the date of execu- '.inn of trus agreement. These rights Include 'ti» rUhc to. u_>e. duplicate, and dUclose such Vifilect d.Ui. in whole or In part. In any rn*nr.rr for any purpose whatsoever, and to hv.e othrrs do so. For purposes Of thb clvjise. "icnmee" sis used In appendix C ff-rs ta the engineer. If the material is co- t)/r':ghtai>Ie. the engineer may copyright it. "-i apper.cJix C permits, subject to the rights Ifi the Government in appendix C. but the 'ixner »n<l the Federal Government reserve » royally-free, nonexclusive, ar.d Irrevocable license co reproduce, publish, and use sueh materials, in whole or In part, and to autho- il/.c others to do so. The engineer shall In-rl>jde appropriate provisions to achieve the t»'Jrpo5e of this condition In all subcontracts ?<pected to produce copyrightable subject•Kta. (b) All surh subject data furnished by the> "njIne'-T pursuant to-this agreement are In- Vruments of his services in respect of the. Project. It is understood that, the engineer •J',<rs not represent such subjec: data to be ":Mitab!i for reuse on any other project or (•<r any other purpose. If the owner reuses '.hi subject data without the engineer's spe- cific ~ritL?r. verification or adaptation, such «?-iie will te at the risk of trie owner, with- »')'. liability to the engineer. Any such ver- 'fication or adaptation will entitle the engi- ii?»r to further compensation at rates "tlreed upon by the owner and the engineer. FcDMAL RECISTE*. VOL 43, NO. 188—WEDNESDAY, SEPTE.s.>;» 7r 1778 AUTHORIZATION TO PROCEED ON TASK ORDER NO. 1 FOR STEP 3 ENGINEERING SERVICES PHASE III ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY I.- Reference In accordance with the Master Agreement for Step 3 Engineering Services between the Vista Sanitation District and Brown and Caldwell, dated • , 1980 (hereinafter referred to as "Master Agreement"),the engineer is hereby authorized to proceed with that portion of the Step 3 Engineering Services as hereinafter set forth. This authorization is for the Subtasks listed in Article II. II. Scope of Services Step 3 Engineering Services authorized under this task order will be provided in support of the contracts that will be conducted during this task order period. Account numbers to be charged, contract numbers-, and grant numbers to the various construction and equipment prepurchase contracts are shown in the following table Account No.a 1016-170 1016-240 1016-230 Contract No. 2 5 3/4 6 T • -t : rs s Grant No. 1016-110-02 1016-110-05 1016-170-01 1016-170-02 1016-110-01 1016-220 1016-240 1016-230 Description Belt Filter Presses Bar Screens Engines, Generators, and Blowers DAF ' s Secondary Collectors Site Preparation Secondary Facilities Operations Building Account numbers represent the grant numbers designated to accumulate charges for the indicated contracts. The subtasks authorized under this Task Order are described in the Master Agreement Exhibit A, Paragraph B. Specifically the subtasks to be performed under this task order include the following: Subtask 1 Subtask 2 Management Interpretation of Contract Documents 2. \l I v' Subtask 3 Preparation and/or Review of Supplementary Drawings »-i Subtask 4 Review of Submittals and Test Reports Subtask 5 Coordination Meetings * v Subtask 6 Assistance Regarding Change Orders - Subtask 7 On-site Visits Subtask 8 Witnessing Testing of Equipment For the above subtasks only a portion of the work will be performed under this Task Order. These subtasks will be completed under future Task Order. " III. Time of Commencement and Completion In accordance with Article II of the Master Agreement, the services authorized under this Task Order shall commence on the effective date of this Task Order and shall continue through September 30, 1980 (approximately 3 months). IV. Compensation In accordance with Article III of the Master Agreement, the compensation for services authorized under this Task Order shall be as defined in Exhibit B of the Master Agreement and as set forth in the'following schedule: a. Equipment Contracts 2, 5, 3 and 6 (Account Mo. 1016-170) Subtasks 1 through 8 Basis of compensation: Cost reimbursement Estimated cost ceiling: $ 9,361 Fixed professional fee: $ 1,395 Portion of fixed professional fee, payable monthly 1/3 b. Contract 7/9, (Account No. 1016-240) Subtasks 1 through 7 Basis of compensation: Cost reimbursement Estimated cost ceiling: $ 31,827 Fixed professional fee: $ 4,742 Portion of fixed professional fee, payable monthly 1/3 3. Contract 8, (Account No. 1016-230) Subtasks 1, 4~and 7 Basis of compensation: Estimated cost ceiling: Fixed professional fee: Fixed professional fee payable as lump sum on: Cost reimbursement $ 2,509 $ 374 September 30, 1980 V. Personnel and Facilities to Accomplish Services The services to be provided for by this Task Order shall be under the technical administration of the Engineer's Project Manager as set forth in Article VIII of the Master Agreement. These services will be provided in. accordance with the cost summaries described in the fully executed Environmental Protection Agency 5700-41 forms for Step 3 Engineering Services dated June 3, 1980. VI. Effective Date of this Authorization This authorization is effective on the date it is executed by the District. " . BROWN AND CALDWELL VISTA SANITATION DISTRICT By Enema General Manager Date COST OR PRICE SUMMARY FQNwAT FOR SU8AGREEMENTS UNDER \fm EPA GRANTS Form .Approved (See accompanying instructions before completing this form) OMB ffo. 158-R0144 A PARTI-GENERAL t. GRANTEE Vista Sanitation District 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Brown and Caldwell S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Includ* ZIP cad«) 150 South Arroyo Parkway Bin 83, Arroyo Annex • Pasadena, California 91109 2. GRANT NUMBER 1016-170 4. DATE OF PROPOSAL June 3, 1980 S. TYPE OF SERVICE TO 3E FURNISHED Step 3 Engineering Services Phase III Enlargement and Upgrading Task Order No. 1 Contracts 2,3/4, 5, and 6 PART II-COST SUMMARY 7. DIRECT LA9OA (Specify Uhot c*t«gori««j See Attachment A * DIRECT LA30R TOTAL: 8. INDIRECT COSTS (Specify indtrfct eatt pools) See Attachment B (Fringe benefits general and administrative overhead) INDIRECT COSTS TOTAL: ESTNMATEDHOURS •^B-*rfc RATS 1.50 '-'^.^•':'< '••v^~V'*J*' HOURLY RATE $ *-S^^'?f2^^i * 9ASE a S 3,403 •^S*:;'*?^"^ JJS/j? ESTIMATED COST S ^••••>'^>;rj>te-. ESTIMATED COST S 5,105s^r-F^fv^-s^ ~. OTHER DIRECT COSTS Spp» At"!" achmpnt" C *. TRAVEL (1) TRANSPORTATION (2) fes oic« TRAVEL SUBTOTAL: b. EQUIPMENT, MATERIALS, SUPPLIES (Sp+cit? e*f»gorf.«> Communication Reproduction £3'J!?M=NT SUBTOTAL: : k'l *''.-." f'^g'&'r- QTY '^^f^ ^^-i^^fe^r- COST S ^S^^ifK;^ e. SUBCONTRACTS SUBCONTRACTS SUBTOTAL: t?2^^^;^^?:^*xr^A-;": d. OTHER (Sp~dlr cmttioria*) OTHER SUBTOTAL: -. e.1 OTHER DIRECT COSTS TOTAL: ' ^•-?** 'f.*zf£ff-~;3; -'- *.,,,-: .-^•.s.;ci.-*-.*s v*"">. -v-.j ,••**.•-,:•-. ESTIMATED COST S 488 s 170 s 658 ESTIMATED COST S 45 150 195 ESTIMATED COST S S ESTIMATED COST S S ^t-.^*,-. ;..~r '•.^•X»**r***£^if '/^ 10. TOTAL ESTIXAT5O COST n. PROFIT (Professional Fee) 12, TOTAL PRICE TOTALS ^~ii*¥igiS*--*••* , ";-v- •"^'•J^»>^ ' .- *'53i 'y*''v^^L.**'*Jr-*:'"..''ti>x-y.jii¥-- '_|_ -K T^f-^J; s 3,403 ^^^3B<^|C;;g^s 8,^0^8 ' .•••.-.•.1~Z~ . '. -i, •. ,:_ ,-'-.. y^^.. ^"i"!' -..^»-«^'- .t'* .-^v..' ?- •^5^^^^*-'^T?^i^2.'*>*!-^!< ^2^?^i^ri«^^^^S^ftafsaSS^^^^S ;^^^^^S ^^Ss^S&sSH^' ^^•^r.^Sfs^-'^ 'S^^SS ..,- Viv.tf;^ '' ~C7>-V^ s 853 s 9,361 5 1,395 s 10,756 e PA F«m 5700-41 J7-76)PAGE I OF ' ' f*\ PAST til -PR1CS SUMMASr /*% 13.. COMPETITOR'S CAT ALOG LlSTINGS^W-rtOUSE ESTIMATES, PRIOR QUOTES ^ 4 • NOT APPLICABLE "/ ^,«f5T PROPOSED PRICS •/— ^j v--'^r - ""-i""-^ — •"-" 1 ICy^-V'Si-;*^"—' i ^ - •v^r.ft^'Mv.ysg>»SL' 1 . -. i . 'i.i,. t .^ .^•^gjl'J^ii^^V.^-.,"— 5 .-.._.. ....... 1 ^r-Svr^r^Ksip^Ssaei,~:,~f.~~TZ5-'^~*f''.-^.-;~' rOt''1 ' ' j ' j^*i*^^!ij^^*v. - 1 i^.:.-'-:~uvSjSrv~.£»* • 5. .r :Zk- -w- — ^•satijri'-tr •. f=t-s>^»r5>v.--i, *• "•• ....:,- .•••^>w_- * — ^-.-:~-T';*v^~~^^ - •-:- f :-•-• i-» PART iv-CEHTifMCATiONS s 14. CONTRACTOR 14.. I4» HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATS OR LOCAL AGENCY PERFORMED ANY REVIEW Op YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL SHAHT OR CONTRACT *ITMIN THE PAST TWELVE MONTHS? I }^> Y£s r J NO (11 "Y»»" ji»» n*ai* itddfff* »nd olvpfton* num6»f at .-•»i«wfnj allic*) Environmental Protection Agency 215 Fremont Street San Francisco, California 94105 Mr. Ronald R. Heeler (415) 556-1954 THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15.1;' 1-15.2; 1-15.4; 40 CFR 35 This proposal is submitted for use in connection with and in response to (I, Encina Joint Powers on May 22, 1980 . This is to ce and belief that che cost and pricing data summarised herein are complete, ci (2}< vjune •*- < i -Lyou ancj fjjgj. a finartcjaj management cac .-ately account for the financial! transactions under this project. I further cert subagreement price may be subject to downward renegotiation and/or recoup pricing data have been determined, as 3. result of audit, not to have been co of the date above. X / j& ~Jj- (3) June 17, 1980 /^^3L Request fr cm •tify :o che best of my knowledge irrent, and accurate as of ability »xis:s to fully and accu- >:y '.hat I understand -.hat the rr.ent -where the above cost and uoles, current anti accurate as^^— ,: ^122^ OATS 3* SxeCUTION / SIQ^ATUPE Of ^O JIJO3£R , J/ Lynn Ha/rtior^ vice President 7ITLS 0^ »*OS»aS*f» r 14. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and 'he proposed costs/price appear acceptable for siibfgreement award. OATS OP EXECUTION 1ICNATU3S 3= RSVI£v»£R 15. ^ I £?A REVIEWER ([1 jpp/ica6l«J TL£ 3^ =!SV,Sy,Er, 3ATe Of EXECUTION SIGMA T rtj=,E sf «aviswen ri.; •>= asv-x^t'* ATTACHMENT A i Item 7 Detail * The following is submitted to support Item 7 of EPA Form 5700-41. a. Method of Estimating Manhours. Each element or task associated with the project is defined and a complete scope of work is established. An evaluation of factors pecu- liar to the particular task is made, including but not limited to the following; degree of complexity, amount of independent research or study required, availability of information on similar work, amount of time available for completion, level of personnel required for work and supervision, required data gathering, special equipment or procedures required, level of subcontract coordination and review, required consul- tations and meetings, necessary regulatory review, special hazards or risks, and nature of required final product. Based upon a review of these factors and previous experience with similar tasks, the number of manhours are estimated for each applicable labor category. b. Computation Technique Proposed labor rates are determined by taking actual salaries at -the regular time rate for the average step level an each labor category. Labor' rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. It is Brown and Caldwell's normal practice to charge time of principals to alJ jobs based on the time that principals are engaged directly in the performance of work on the-jobs. The rate of compensation for principal does not include a-distribution of profits. c. Sources of Information Proposed manhours are developed using job files and cost record; on jobs of a similar nature. State and federal guidelines on task level- of-effort are used wher. available and applicable. Estimates and pro- posals from outside consultants and subcontractors are used as referenci data when appropriate. Labor rates are developed annually by corporate management with reference made to historical wage schedules, statisti- cal reports on local and. national wages paid to similar employee categories, and local and national cost of living indices. ^* Detailed Rate Computations Detailed computations indicated in Tables A-l, A-2 and A-3 are attached as supporting data for the total direct labor costs indicated in item 7. TABLE A-l DESCRIPTION OF TASKS Task No,Task description a 1 2 3 4 5 6 7 8 9 10 11 12 13 Management Interpretation of Contract -Documents Preparation and Review of Supplementary Drawings Review of Submittals and Test Reports Coordination Meetings Assistance Regarding Change Orders On-site Visits Witnessing Testing of Equipment Preparation of Record Drawings Preparation of Operations and Maintenance Manual Start-up Services Assistance with Bidding Financial Plan and Revenue Program *For complete task description see Exhibit "A" of the Master Agreement, TABLE A-2 DIRECT LABOR LEVEL OF EFFORT SUMMARY Labor category^^-— -""""' ^ — — """ Task No. Professional Chief Engineer Managing Engineer Supervising Engineer Principal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Aid Subtotal Technical '. . , Technical Services Mgr. Chief Draftsman Supervising Draftsman Lead Draftsman Senior Draftsman Draftsman Assistant Draftsman Draftsman Trainee Subtotal Clerical Supervising Typist Typist IV Typist III Typist II Typist I Subtotal Number of hours 1 5 10 . 15 10 10 2 5 10 15 10 10 3 5 5 10 10 4 10 "20 15 20 65 20 20 5 5 5 6 5 10 15 10 ' 10 7 10 5 15 8 30 30 10 10 Total 15 85 ' 15 50 165 20 20 50 50 aFor task description refer to Table A-l TABLE A-3 DIRECT LABOR COST ESTIMATE SUMMARY Labor category Professional Chief Engineer Managing Engineer Supervising^ Engineer Principal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Aide Subtotal Technical Technical Services Manager Chief Draftsman Supervising Draftsman Lead Draftsman Senior Draftsman Draftsman Assistant Draftsman Draftsman Trainee Subtotal Clerical Suoervistr.g Typist Typist IV Typist IH Tyolst u Typist I Subtotal Total Number of hours 15 85 15 sn 165 20 20 50 50 Direct labor cost, dollars Hourly ratea 22r64 20.68 - 14.80 1 0 90 10.90 6.40 Cost 140 1,758 222 R4^ 2,865 218 218 320 320 3,403 a Projected average hourly rate based on average hourly rate for BC FY 1979/80. ifC^JT' 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AUDIT 215 FREMONT STREET SAN FRANCISCO. CAUFORNIA 9-4JQ5 November 8, 1979 Mr. James L. Sturgeon, Vice President' Brown & Caldwell Consulting Engineers .7 1501 North Broadway Walnut Creek, CA 94596 Dear Mr. Sturgeon: The £?A, Office of Audit has recently completed its review of your proposed fiscal year (FT) 1980 provisional indirect cost rate. Based on our review of your financial forecast, and subsequent discussions between the EPA, Office of Audit and yourself, it was mutually agreed that the use of a 150 percent composite provisional, rate for FY 1980 was acceptable for bidding and billing purposes, the EPA, Office of Audit approval of this rate is qualified to "the extent that any company events which materially impact on the FY 1980 forecast must be- reported to the EPA, Office of Audit in order for Brown & Caldwell to comply with the provisions of the certificate of current cost and pricing data contained in EPA Fora 5700-41. If you agree with the above rate, it is requested that you sign and return this letter, retaining a copy for your records. Sincerely, "Truman R, Beeier Director Western Audit Division Brown & Caldwell concurs with the above provisional indirect cost race for FY 1980. / ^' Date irect costs.are accuculatad through a corpora taw id a accounting cacagarizad consistent with the contractallows cast to cos astab- first endin tion 3rovr all the ? . ^cinciple-s and procedures outlined in the Fedaral ?rocuraaant A.ttiQrjg, .CJR 41, ?2rt 1-15. Indirect' cost . rates for allowable * benefits and general and administrative overhead iterns are .) /.shad foe the aost: recently audited fiscal years ' as shown" in the caluan below « 3rovisional indirect cost rates for fiscal year g 9/30/30 are ba.sad upon the £2A reviewed profit plan in conjunc- cij actual year-to-date overhead costs, and are shewn in column Labor rates for principals (defined as professional engineers ,} j-0 £ije corporate staff) reflect actual rates paid. It i.s 4na: Caldwell's norsal practice to charge_ tiae of principals to -ibs based on the tise thac principals are engaged directly in *»cfor3ance of worlc on the jobs. The rate"" of compensation for ls does not include a distribution of profits. 3SCWN AND CALCWSLL DIDI3SCT CCSTS Costs, as a percent of direct: labor STT ending 9/30/30 ?rovi s io na 1 ^ ending 9/30/79 Actual^- benefits' ?^YX-oli taaes He-t iramenc benefits c vi o insurance • and woricaen ' sc"^mgensation insurance hlcn/ holidays d sicic leave Total Cringe benefits Ganer* i 3^3 adainistrative overhead >»c<t salaries i^rj* benefits on i-^iraes salariesand equipment licenses and insurance -r--'" ««ionai sarvicssTr^c=»], and subsistence Total general and ada-Uis-trative Total indirect casts 7.0 4.0 -<3- 4.0 10.0 25.0 50.0 13.0 17.0 7.0 14.0 7.0 12.0 5.0 125.0 150.0 7.0 9.0 a.Q 5.Q 10 .0 36.0 44.0 15.0 13.0 7.0 11.0 7.0 11.0 5.0 114.0 150.0 on independent C3A-auditad figures not finalised by an E3A J.^ / if suia auutryv"-^ . Ori0j/uu 1379 o ATTACHMENT C OTHER DIRECT COSTS Item 9a, Travel (1) Transportation 2 trips to Encina WPCF 220 miles at $.20 = $88 1 plane trip at $400 400 (2) Per diem (subsistance) 2 days at $10 per day = 20 3 days at $50 per day 150 Subtotal $658 Item. 9b, Equipment, Material, Supplies (1) Communication Postage 3 months at $5 per month=$15 Telephone 3 months at $10 per month = $30 (2) Reproduction 100 ozalid copies at $1 each =$100 500 photocopies at $.10 each = 50 Subtotal $195 Item 9c, Subcontracts Subtotal $ — Total $ 853 ^COSt'OR PRICE SUMMARY FORWr FOR SU8AGREEMENTS UNDER U.VEPA GRANTS Form Approved (See accompanying instructions before completing this form) OMB No. 153-ROI44 PARTI-GENERAL 1. GRANTEE Vista Sanitation District 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Brown and Caldwell S. ADDRESS OF CONTRACTOR OR 3U3CON TRACTOR (Include ZIP cod«) 150 South Arroyo Parkway Bin 83, Arroyo Annex Pasadena, California 91109 2. GRANT NUM8ER 1016-240 4. OATE OF PROPOSAL June 3, 1980 S. TYPE OF SERVICE T O 3E FURNISHED Step 3 Engineering Services Phase III Enlargement and Upgrading Task Order No. 1 Contracts 1 and 7/9 PART ii. COST SUMMARY 7. DIRECT LA BOH (Sptcity labor c«t»ijori««j See Attachment A " DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Spicilr indltfct eo« pool*) See Attachment B (Fringe benefits, general and administrative overhead) INDIRECT COSTS TOTAL: ESTI- MATED HOURS *~SM?X:. RATE 1.5 .'..'^.V.'''^*^.^:;1" HOURLY HATE $ SX^SS^^: « 3ASE 3 S 11,326 ^^f^f-f^-j^S. ESTIMATED COST S ^~-^K&^^ ESTIMATED COST S 16,989 x»<^a?r?s>-:^vt: s. OTHER DIRECT COSTS See Attachment C (i) TRANSPORTATION (2) »e» oi CM TSAV = l_ SUBTOTAL: iS'^^Sr^'? b. EQUIPMENT, KATERIALS, SUPPLIES (SpKitf e*r»4or<«*J Communication Reproduction E3L"..B*=*T SUBTOTAL; 1 QTY *$#&$»> feJR^-Sjssjf^Sj COST S 2^>%^££#sv C. SUBCONTRACTS Flewellinq & Ishino (estimated) SUBCONTRACTS SUBTOTAL: ^-T^Tt"!^^t:"cs^i;;-: d. OTHEH fSp-cifr c»»«jorf««; OTHER SUBTOTAL: : e.' OTHER DIRECT COSTS TOTAL: ' f-Cf. .'-.V« :•:--: -*.c^-^.w^^?r» "' :"7* ^r^^JLlilM^l-u- ESTIMATED COST S 352 S 80 j 432 ESTIMATED COST s 180 ^.,400 1,580 ESTIMATED COST Si, 500 f mlm 1M ESTIMATED COST S s — ,Jj~,;.. , :r:<o'iV-'^j5:js JO. TOTAL ESTIMATED COST n. PROFIT ( professional F»e) 12. TOTAL PRICe TOTALS s 11,326 $S?i^^?^^^ s ig 909 r"v.^'^^^'?^.5^'^***'--'^:5X^ ^7t^--^*'"-Aiaii»;I^*>2:7"»*'i?i' • ''. ii'-1'^ •* j«. feSg^yJS^^^Si-.:- ~^^^l*^fe iSSis^^^S:. Jts^^f^^ff;^^*^'g'-'!Hft';™!*^^ ^T^V,. ^*".^v''- *.^:*rr'^ *^ • .,*. •;>xViiJ::^^S^-«..7'" '-.^^.^'•- ^7V«^5 s 3.512 5 31.827 5 4.74.2 * 36,56i Form CTj PART III -PRICE SUMMARY £j—-• - -- - - - - ">vr . -- — -- — Sag**- )3 COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES. P^IOS QUOTES s ffndjcjtf* b-441* /orprte» comtJ*r«*on) * NOT APPLICABLE • . ..•.-~^-;...- ^••••-•:~jr~:^^:^,;^^r*^ PART IV. CERTIFICATIONS MASKET f"ROPOSS3 !/^v^TV.:~c;-^i~i ^ ^^^^f^ii^4;<••-_ '^X'o^rT'^^-"-^" t'^^^^i^Scj^;!: : •" ">r -. V~ :' i i->"^r-=- ' ^ -_ --^..-.t^r^i^^; t--6'^^S:&^i^i^ -Tfr^^S^^S? ^""^wi^sS^St bri^^S^-S?"^\-i-'-?5-rr?::<r^?rK«^ -^'i- - -^ ••:--. •-». s — 1*. CO*T*ACTOa 14,. HAS A r EOEHAI. AGENCY O« A ?E3EPAt_UY CERTIFIED STATE O« V.OCAL AGENCY PErtFORMED ANY REVIEW Of YOUfJ ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER r SCESAt. GRANT OR CONTRACT WITHIN THE PAST TWEUVe MOMTHST Environmental Protection Agency 215 Fremont Street San Francisco, California 94105 Mr. Ronald R. Beeler (415) 556-1954 l-ib.THIS SUMMARY CONPCRMS WITH THE rOLUOWING COST ?aiNCi?'_£5 41 CFR 1-15.1; 1-15.2; 1-15.4; 40 CFR 35 lie. This otooosal i.s submitted for use in connection with, and in resoonse to I'D Request from Encina Joint Powers on May 22, 1980 . This is to certify and belief that :he cost and pricing data summarized herein are complete, curren (2), June 17 ' 198° and that a financial reianagement caoabil rately account cor the financial! transactions under this project. I further certify tl subagreement once may be subject to downward renegotiation and/ or recoupment pricing data have been determined, as a result of audit, not to have been com pie ot the date above. s7 / (3) June 17, 1980 / J £2Lt~. to the best of aiy knowledge C, and accurate- as of icy exists to fully and aecu- lat I understand 'hat tha- •vhere the above cost and s, current aj/d acctirata as ^^ f"f^Js*Sf' "*x ^^ '' SlGNyruflC 3 f ^^QfiFOSS^ / / / J. /Lynn HdrtfordT/ ' Vice President I/ TIT-.S Or =^OP<5SS.=1 14. GRANTEE SeVlS'*E3 1 certify that I have reviewed the cost/price summary set forth herein and che proposed costs/pries appear acceptabls for su'oagreement award. T!~\_S 3? ^ £ V 1 5 '<» E S 15. E?A aEVIEV/ER (It »pp//cao/»; OATE Of 'XEC'JTIOM SIONArua S ~ ? X £vi£'«E3 T.T>_- o- =t^-/.T«-=i c TABLE A-l DESCRIPTION OF TASKS Task No.Task description a 1 2 3 4 5 6 7 8 9 10 11 12 13 Management Interpretation of Contract 'Documents Preparation and Review of Supplementary Drawings Review of Submittals and Test Reports Coordination Meetings Assistance Regarding Change Orders On-site Visits Witnessing Testing of Equipment Preparation of Record Drawings Preparation of Operations and Maintenance Manual Start-up Services Assistance with Bidding Financial Plan and Revenue Program *For complete task description see Exhibit "A" of the Master Agreement, TABLE A-2 DIRECT LABOR LEVEL OF EFFORT SUMMARY t.abor category^^- ^ — -*" " Task No. professional Chief Engineer Managing Engineer Supervising Engineer Principal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Aid Subtotal Technical . . . Technical Services Mgr. Chief Draftsman Supervising Draftsman Lead Draftsman Senior Draftsman Draftsman Assistant Draftsman Draftsman Trainee Subtotal Clerical Supervising Typist Typist IV Typist III Typist II Typist I Subtotal Number of hours 1 20 40 20 . 80 10 20 30 2 10 20 10 20 60 10 10 3 10 10 20 10 20 30 4 10 80 20 20 20 20 80 20 270 20 20 10 40- 50 5 10 10 10 30 10 10 6 10 30 40 20 40 60 7 10 30 20 60 10 10 Total 60 200 30 20 20 20 190 20 560 50 60 110 20 90 110 lc"or. task description refer to Table A-l TABLE A-3. DIRECT LABOR COST ESTIMATE SUMMARY Labor catev;ory Professional Chief Engineer Managing Engines., Supervising Engirt-* or frtncioal tngineer Senior Engineer Engineer Associate Enginee., Assistant Engine 9c Engineering Aide Subtotal Technical Technical Service., Manager, Chief Draftsman Supervising Drafts (,n_3n Lead jJrartsman Senior Draftsman Draftsman Assistant Draft srrv1tl Draftsman Trainee Subtotal Clerical Suoervising Tyois; Tynist iV Typist HI Tyolst ii Typist I Subtotal Total Number of hours 60 200 30 20 20 20 190 ?0 560 50 fin 110 20 90 110 Direct labor c< Hourly ratea 2.2.64 20.68 18.72 - 16.76 14.80 12.87 10.90 9 99 14.80 If) 90 7.73 6 40 Dst, dollars Cost \ , "} 5 R 4,136 562 335 296 257 2,071 1 Rfi 9,201 740 £=;4 1,394 155 S76 731 11,326 Projected average ".ourly rate based on average hourly rate for BC FY 1979/80. BEST ATTACHMENT A Item 7 Detail The following is submitted to support Item 7 of EPA Form 5700-41. a. Method of Estimating Manhours Each element or task associated with the project is defined and a complete scope of work is established. An evaluation of factors pecu- liar to the particular task is made, including but not limited to the following; degree of complexity, amount of independent research or study required, availability of information on similar work, amount of time available for completion, level of personnel required for work and supervision, required data gathering, special equipment or procedures required, level of subcontract coordination and review, required consul- tations and meetings, necessary regulatory review, special hazards or risks, and nature of required final product. Based upon a review of these factors and previous experience with similar tasks, the number of manhours are estimated for each applicable labor category. b. Computation Technique Proposed labor rates are determined by taking actual salaries at the regular time rate for the average step level in each labor category. Labor rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. It is Brown and Caldwell's normal practice to charge time of principals to all jobs based on the time that principals are engaged directly in the performance of work on the jobs. The rate of compensation for principal: does not include a distribution of profits. c. Sources of Information Proposed manhours are developed using job files and cost records on jobs of a similar nature. State and federal guidelines on task level- of-effort: are used when available and applicable. Estimates and pro- posals from outside consultants and subcontractors are used as reference data when appropriate. Labor rates are developed annually by corporate management with'reference made to historical wage schedules, statisti- cal reports on local and. national wages paid to similar employee categorias, and local ar.d national cost of living indices. d. Detailed Rate Computations Detailed computations indicated in Tables A-l, A-2 and A-3 are attached as supporting data for the total direct labor costs indicated in item 7. ^™^ 1 **^trw 3C~-i.i.i - 3 Its-a 3 COPY Indirect costs are accumulated through a ccrporatewide accounting system that allows cost to be caeagocized consistent with the contract cost principles and procedures outlined in the Federal Procurement Regulations, -C?R 41, Part 1-15.- Indirect cast . rates for allowable fringe benefits and general and administrative overhead items are established for the most recently audited fiscal years aa shewn in the. first column below. Provisional indirect cost rates foe fiscal year ending 9/30/30 are based upon the £2 A reviewed profit plan in conjunc- tion with actual year-to-date overhead costs, and are shown in column two. Labor rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. It is Brown and Caldweli's normal practice to charge time of principals to all jobs based on the time that principals ara_ engaged directly in the performance of work on the jobs. The rate"* of compensation foi principals does not include a distribution of profits. or 3RCWN AND CAIiCWELL tiIDIS£Cr CCSTS Coats, as a aercant of direct labor cringe benefits Payroll ta;ces Retirement: benefits Bonus plan Group insurance and workmen's compensation insurance Vacation/ holidays and sick leave Total fringe benefits General and administrative overhead ?T ending 9/30/79 Actual^ 7.0 4.0 4.0 10.0 ?T ending 9/30/3QProvisional^ 7.0 9.0 S.Q 5.0 10.0 ir*ct salarias Fringe benefits en • . indirect salarias Huilcings and equipment Taxas, licenses and insurance Profassicnal sarvicss Travel and subsistence Supplias Other Total general and administrative overhead Total indirect costs 2S.O 30.0 13.0 17.0 7.0 14.0 7.0 12.0 5.0 125.0 1SO.O 36.0 44.0 1S.O 13,0 7.0 11.0 7.0 11.0 5.0 114.0 150.0 on independent CPA-auditsd figures not finalized by an E?.\ audit.2S3ti-:atad as of Moveaber 3, 1379 and approved by 'E2A, Office of Audit, San Francisco. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY " OFFICE OF AUDIT 215 FREMONT STREET SAN FRANCISCO. CALIFORNIA 9-A1O5 November 8, 1979 Mr. James L. Sturgeon, Vice President Brown. & Cal dwell Consulting Engineers -IT 1501 North Broadway Walnuc Creek., CA 94596 . Dear Mr. Sturgeon: The EPA, Office of Audit has recently completed its review of your proposed fiscal year (FY) 1980 provisional indirect cost rate. Based on our review of your financial forecast, and subsequent discussions between the EPA, Office of Audit and yourself, it was mutually agreed that the use of a 150 percent composite provisional rate for FY 1980 was acceptable for bidding and billing purposes, the SPA, Office of Audit approval of this rate is qualified to "the extent that any company events which materially impact on the FY 1980 forecast must be- reported to the EPA, Office of Audit in order for Brown & Caldwell to comply with the provisions of the certificate of current cost and pricing data contained in EPA Form 5700-41. If you agree with the above rate, it is requested that you sign and return this letter, retaining a copy for your records. Sincerely, R. Sealer j Director Western Audit Division Brown & Caldwell concurs with the above provisional indirect cost rate for FY 1980. Date ATTACHMENT C OTHER DIRECT COSTS Item 9a, Travel . (1) Transportation 8- trips to Encina 220 miles at $0.20 per mile = $352 (2) Per diem (subsistance) 8 days at $10 per day = 80 Subtotal $ 432 Item 9b, Equipment, Material, Supplies (1) Communication • Postage 3 months at $20 per month = $60 Telephone 3 months at $40 per month = 120 (2) Reproduction Ozaiids 1000 at $1 each = 1,000 Phc-ccopies 4000 a- $0.10 ea= 400 Subtotal $ 1,580 Item 9c, Subcontracts Flewelling & Ishino (Architects) Subtotal $1/500 1 C -> ri~> COST OR PRICE SUMMARY F0f(^ FOR SU8AGREEMENTS UNDER U.Q^PA GRANTS Form Approved fSee accompanying instructions before completing this form) OMB No. 1S8-R0144 PART I-GENSRAL 1. G«ANT=£ Vista Sanitation District 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Brown and Caldwell S. AOORESS OF CONTRACTOR OR SUBCONTRACTOR (Inetud* ZIP cad») 150 South Arroyo Parkway Bin 83, Arroyo Annex Pasadena, CA 91109 2. GRANT NUMBER 1016-230 *. 3ATE OF PROPOSAL June 3 , 1980 S. TYPE OF SERVICE TO 3E FURNfSHEO Step 3 Engineering Services Phase III Enlargement and Upgrading Task Order No. 1 Contract 8 PART II-COST SUMMARY 7. DIRECT LA3CR fSp.-c.7x t»tx)f c«r««ori««J Se?» At-.t-.arrbmF»nf A — DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Sptcllr indirect cott pool*) See Attachment B (Fringe benefits, general and administrative overhead) ESTI- MATED HOURS -s-:;;>;^*- RATE 1.5 INOIRSCT COSTS TOTAL: pl'SxT^ HOURLY RATE $ a^iS^'^-tTK^JftA * BASE = S 964 J^^r^asp?**??; 3. OTHER DIRECT COSTS a. TPIAVSU (1) TH ANSPOftT ATION (2) PS* 31 SM TRAVEL SU3TOTAL: f^>iS.-*-t b. EQUIPMENT. MATERIALS. SUPPLIES (Specif? c*t*jor<»*} Communication Reproduetiion EQUIPMENT SU3TQTAL: | QTY *t*^Sv^ ^c^-ss^54iSrf COST S S&^5§**^^ C. SU3C3NT3»CTS SUBCONTRACTS SUBTOTAL: t?~?S'^'^;5'"^r.',-«- *.^: ^ d. OTHER (Sp-ofr c»<«ior(««^ OTHER SU9TOTAL: ; e. OTHcR DIRECT. COSTS TOTAL: ' E"^r. ^* '-*>t •~'" '*Vr,.-:"-*-.'a'3-''?» '•'-"* X -* —t-*"-f *~*.^~<'~~'- -:-r:..»Ui)y.*WJ^— «^^^»; ESTIMATED COST S "'-':• 'Vr.-i'-^;i::'wO;'>riV-C;! ESTIMATED COST S 1,446 •.T^^i?-'""-"-^;?'-^ .-.*:< ESTIMATED COST * 44 s ]n sqd ESTIMATED COST sis 30 45 ESTIMATED COST $ s — ESTIMATED COST S s — •j;—^---"' ---^•vtili.-i^ji 10. TOTAL EST1XUTED COST ti. PROFIT (Professional Fee) 12. TOTAL PRiCE TOTALS r ~!r^5?«*.- <S5^^^*." ^•if^keJ^ySStajiQ^J:-^*." --.-^*^"^ T^.'&^^ii^vj. - ?n»**tr*' T^ii ^T--^-:V's:~Tl^*>r,v- : '^t^s?^-:te^^g^at .t?-&t^«*c**>C^v«#«:^?,-:::; ;-i,5-:S -->^— ^2j^ :>«* 5 964 v-5i»«PS-^rSSr*Si2f'- .T»A'i'~^-"*>*»r.-^-."J^'rSfV^<Tr t^^^r^-Oirl;:3^^^;^^*-^ .^l**2r5 &f- ^^ .^--••"'v---'ft««K.".-j:^-<'-^-:*--ki""V----:'vf--^.<ki^^-. ^.. - i..^*Tu<:-f*5^:.^T:;Wi,-*t.;x" * *— >--.'i'**vif& S^vSi^S^^-S "C^-x ••'•u-^-A'- *^*^rr:.^T^>^.»^.-v -— -- •-^>t.-.«;.-;jhj«* 51,446 -^—-:.>=t«;:.t;---."^»ix^:~'.': i-^iS^r-^SS^ ^"1?: a«¥7«'ifc*S£s«^ijTVpI^^w^^jv • ^*.i-^v...r---MS^wt,v--^-J^M5r^**^*1^<-^ ^£g^39S:S€®s^^s i5^8B8J^s2Se5r-^:rrf?»- _ ^»-.«»v... «_tl-,v_-.w_,^. '^*^?%^^$ -vSsi'^SSS^ri;^^•^.i-i-a^r^-^jMi^L; :^6«?^&*!?S^B*B^ ;— *^r, ^-^^'. tr*"-"^*** ^r^r??- J •ly-y-aur- "* »— »r^»^^>-T*<*"''''-\ ~^~23!SCS^V;~!>~ -^»rfie***:t»r';^TVirt"" !Ii3io5?sj^?;t"'*--ii<™i---: • • '.= r- ' f J-Mi—i -ii.^s>^- •»_; ^fe3^x;r^^*' *^5^*»i^;Jb*-ViT/i-i;i 'v,^7£5'^^i^«5.v-; ;•" v^V^ 17 v- ,• : - «- »is?»r:/"cz:v-=--9«~v^'*«r^-! *-^ - ^^-^^^^-ru^rrTft-^'-f^-^r^sis^j^i'fii :r»«rs? JS".»"B*v*-^y r^C " •-^?'>iT'"i.~i>'^*Mu^ •; .. -..,— ^w-:-'-' -CP^v~ 5 99 S2,509 is 374 fS2,883 C Pi 5 ^700-41 PACE I O PA3T III -PRICE SUMMARY Form f, COMPETITOR'S CATALOG LISTINGS. »N-*OUS£ ESTIMATES, =>«*io* QUOTESft i P9ICE1S) i»f»OPOSS3 NOT APPLICABLE : —^fr--^y~^^"^*^f. \ * ~ ^&&*'&**S$sS&'Sf\:^&*r-3f&s&£f£. PART IV.CERTIFICATIONS It, C MAS A ?5QSHAI_ AGENCY O3 A f SDE3AI.LY CS3T)FI£0 STATE OR L3CAU AGSMCY ?E3PaRM£3 ANY 3SVI5W OP YOUR ACCOUNTS O« SSCOHQS IN CONNECTION WITH ANY OTHEH ?ECE3AL G^ANT OR CONTRACT WITHIN THE PAST TWELVE MOMTHST rjj YSS I 1 .so (T< ""{»*" lir» naaio *tldr**» *nrf otvphan* num6*r o/ r«» Environmental- Protection Agency 215 Fremont Street San Francisco, California 94105 Mr. Ronald R. Heeler (415) 556-1954 HIS SUMMARY CONFORMS WITH THE rOUuOWING COST PRINCIPLES 41 CFR 1-15.1; 1-15.2; 1-15.4; 4'0 CFR 35 This proposal i.s submitted for use in connectioa -with and in response to (D Request from Encina Joint Powers on May 22, 1980 . Tnis is to certify Jo the best of ny and belief chat :he cost and pricing data summarized herein are complete, current, and accurate as of (2),June 1980 and that a finani;:iai management capability exists to fully and accu- rately account :or:he financial transacdons under this project. I further certify that I understand that the subagreement orice may be subject to downward renegotiation and/or recoupment 'where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and .accurate as of the date above. (3)June 11, 1980 OAT'S 3f SXSCUT10N J. wnn Ha/ttford Vice President 14. GPANTEE S£ I certify that I have reviewed the cost/once summary set forth herein and the proposed costs/price appear acceptable for oubfgreement award. OATS OF £X£CUTtON LS 3? ^£vii 15. E?A aS (It si SNA runs c Jt~-^w TABLE A-l DESCRIPTION OF TASKS Task No,Task description 1 2 3 4 5 6 7 8 9 10 II 12 13 Management Interpretation of Contract Documents Preparation and Review of Supplementary Drawings Review of Submittals and Test Reports Coordination Meetings Assistance Regarding Change Orders On-site Visits Witnessing Testing of Equipment Preparation of Record Drawings Preparation of Operations and Maintenance Manual Start-up Services Assistance with Bidding Financial Plan and Revenue Program For ccr.plete task description see Exhibit "A" of the Master Agreement. TABLE A-2 DIRECT LABOR OF EFFORT SUMMARY Labor category^-- —• — ~" ^^-^-^— '<~Task No.a Professional Chief Engineer Managing Engineer Supervising Engineer Principal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Aid Subtotal Technical Technical Services Mgr. Chief Draftsman Supervising Draftsman Lead Draftsman Senior Draftsman Draftsman Assistant Draftsman Draftsman Trainee Subtotal Clerical Supervising Typist Typist IV Typist III Typist II Typist I Subtotal Number of hours 1 10 10 . 20 10 10 4 10 10 20 10 10 7 10 10 * • Total 30 20 50 20 20 lFor complete task description refer to Table A-l TABLE A-3 DIRECT LABOR COST ESTIMATE SUMMARY Labor category Professional. Chief Engineer Managing Engineer Supervising Engineer Prlncinal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Aide : Subtotal Technical Technical Services Manager Chief Draftsman Supervising Draftsman lead Draftsman Senior Draftsman Draftsman Assistant Draftsman Draftsman Trainee Subtotal Clerical SuDervisir.cr Tvotst Typist IV Typist m Tyoist u Tyoist I Subtotal Total Number of hours 30 20 50 i-i , ^ 20 20 Direct labor cost, dollars Hourly ratea 20_fiR - in. QO 6.40 Cost P?Q ?i a 838 128 128 966 a Projected average hourly rate based on average hourly rate for BC FY 1979/80. ATTACHMENT A » Item 7 Detail The following is submitted to support Item 7 of EPA Form 5700-41^ a. Method of Estimating Manhours Each element or task associated with the project is .defined and a complete scope of work is established. An evaluation of factors pecu- liar to the particular task is made, including but not limited to the following; degree of complexity, amount of independent research or study required, availability of information on similar work, amount of time available for completion, level of personnel required for work and supervision, required data gathering, special equipment or procedures required, level of subcontract coordination and review, required consul- tations and meetings, necessary regulatory review, special hazards or risks, and nature of required final product. Based upon a review of these factors and previous experience with similar task's, the number of manhours are estimated for each applicable labor category. b. Computation Technique Proposed labor rates are determined by taking actual salaries at the regular time rate for the average step level in each labor category. Labor'rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. It is Brown and Caldwell's normal practice to charge time of principals to all jobs based on the time that principals are engaged directly in the performance of work on the jobs. The rate of compensation for principal: does not include a distribution of profits. c. Sources of Information Proposed manhours are developed using job files and cost records on jobs of a similar nature. State and federal guidelines on task level- of-effort are used when available and applicable. Estimates and pro- posals from outside consultants and subcontractors are used as reference data when appropriate. Labor rates are developed annually by corporate management with reference made to historical wage schedules, statisti- cal reports on local and national wages paid to similar employee categories, and local and national cost of living indices. d. Detailed Rate Computations Detailed computations indicated in Tables A-l, A-2 and A-3 are attached as supporting data for the total direct labor costs indicated in item 7. COPYIndiract costs ara accumulated through a corporatewice accounting; system that allows cost to be categorized consistent with the contract cost principles and procedures outlined in the Federal Procurement Regulations, -CF3 41, Part 1-15. Indiract cost . rates for allowable fringe benefits and general and adnjinistrative" overhead items ara established for the aost recently audited fiscal years as shewn in the first column below- Provisional indirect cost rates for fiscal year ending 9/30/30 ara based upon the £2A reviewed profit plan in conjunc- tion with actual year-to-data overhead costs, and are shewn in column tvo. Labor rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. " It is 3rcwn and Caidweli's normal practice to charge time of principals to all jobs based on the time that principals ara engaged directly in the performance of work on the jobs. The rate" oc compensation for principals does not include a distribution of profits. 3HCWH AND CALCWSLL niDI2£CT CCSTS • Coats r as a percent: of direct labor ?T ending ST endinc 3/30/79 9/30/ao" Actual^ Provlsicnal- Fringe benefits Payroll taxes 7.0 .7.0 Retirement benefits 4.0 9.0 Sonus plan -0- 5.0 Group insurance and workmen ' s compensation insurance 4.0 5.0 Vacation, holidays and side leave 10.0 10 .0 Total fringe benefits 25.0 36.0 Ganeral and administrative overhead Indirect: salaries 30.0 44.0 Fringe benefits on • . indirect salaries " 13.0 15.0 Buildings and equipment 17.0 13.0 Taxes, licenses and insurance • 7.0 7.0 ' Professional services 14.0 11.0 Travel and subsistence- 7.0 . 7.0 Supplies 12.0 11.0 Other ' 5.0 S.Q Total general and ' . administrative overhead 125.0 ' 11 4 . 0 Total indirect costs 150.0 150.0 on independent C?A-audited figures not finalized by an 2?A audit. S-stiaated as of Mcveraber 3, 1379 and approved by-E?A, Office of Audit, San Francisco. rsbar 1379 Vi UNITED STATES ENVIRONMENTAL PROTECTION AGENCY " OFFICE OF AUDJT 215 FREMONT STREET SAN FRANCISCO. CALIFORNIA 94.1.OS November 8, 1979 Mr. James I, sturgeoai Vice President Brown i C3.;.iVeil Consulting Engineers 1501 North 3roadway CA 94596 - .Walnut Cre Dear Mr. SiM(Cgeoa: The SPA, O fiscal yea. review of iPA, Ofric. a 150 perc. bidding aa rate is <T-'« impact on Audit in O 5700-41. of Audit has recently completed its review of your proposed .t (py) 1980 provisional indirect cose rate. Based on our yrJur financial forecast, and subsequent discussions between the rt 0£ Audit and yourself , it was mutually agreed that the use of anc composite provisional rate for FY 1980 was acceptable for ,t billing purposes, the EPA, Office of Audit approval of this * Lifted to "the extant that any company events which materially r.\ls ry 1980 forecast must be reported to the EPA, Office of flar for grown & Caldwell to comply with the provisions of the • Of current cost and pricing data contained in EPA Form Ir you ag^at this lett*>-the above rate, it is requested that you sign and return retaining a copy for your records. Sincerely, R. Beeler j Director Western Audit Division Brown & ^-^i-l for FY 19:;.;. concurs wich the above provisional indirect cost rate 7 Data ATTACHMENT C OTHER DIRECT COSTS Item 9a, Travel . (1) Transportation 1 trip to Encina 220 miles at $.20 per mile = $44 (2) Per diem (subsistance) 1 day at $10 per day 10 Subtotal-$ 54 Item 9b, Equipment, Material/ Supplies (1) Communication Postage (estimated) $5 Telephone (estimated) 10 (2) Reproduction Ozalids 20 at $1 each = 20 Photocopies 100 at $.10 each = 10 Subtotal ? 45 Item 9c, Subcontracts Subtotal $ —