79-WWRESOLUTION NO. 79- ~
A RESOLUTION AUTHORIZING AND DIRECTING PETER L. CHENEY,
CITY MANAGER OF THE CITY OF BOYNTON BEACH, TO ~AKE
APPLICATION FOR A STEP II GRANT FOR FEDERAL ASSISTANCE
UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM
EPA~PROJECT NO. C-120~96060
WHEREAS, BOYNTON BEACH, FLOP~IDA, proposes to construct
Regional Tzeatment,~ Disposal System Transmission Facilities for
abatement of pollution; and
WHEREAS, it is deemed necessary and
federal assistance and/or state assistance
advisable to seek
for such construction;
NOW, THEREFORE, BE IT1 RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
That Peter L. Cheney, ~City Manager, he and he is
hereby authorized to execute and file for a Step II
Grant on behalf of the CITY OF BOYNTON BEACH with
the Environmental Protection Agency for assistance
under Public Law 92-500 sewage construction grants
for the design of Regional Treatment, Disposal
System Transmission Facilities.
(1)
That Peter L. Cheney, City Manager, be and he is
hereby authorized and directed to furnish such
information as the Environmental Protection Agency
may reasonably request in connection with the grant
application which is herein authorized to be filed.
(2)
APPROVED AND ADOPTED BY THE CITY COUNCIL, BOYIqTON BEACH,
day of December, 1979.
Mayor
Mayor .
Councilman J./
FLORIDA, this 18th
ATTEST:
City Clerk
Councilman
SUPPLEMENTAL AGREEMENT NO. 8
TO
ENGINEERING CONTRACT
CITY OF BOYNTON BEACH, FLORIDA
WHEREAS, the City of Boynton Beach, Florida (hereinafter referred
to as the Owner) entered into agreements for professional services with Russell
& Axon, Engineers-Planners-Architects, Incorporated (hereinafter referred to
as the Engineer) for providing professional engineering services for the
design and construction of Interceptors Nos. 316, 317, and 319 (hereinafter
referred to as the Project) as required to collect wastewater and transport
the wastewater to Regional Lift Stations Nos. 316, 317 and 319.
WHEREAS, the 0~ner has made application to the United States
Environmental Protection Agency (hereinafter referred to as EPA) for Step II
Grant for federal assistance for the preparation of final design, specifications,
and contract doctnnents for Interceptors Nos, 516, 517, and 519 as required
to collect wastewater an~ transportit to Regional Lift Stations Nos. 516,
$17, and 319, furiher identified as EPA Project No. C-120496060, and
WHEREAS, said EPA grant application requires compliance with
certain EPA regulations regarding the contract between the Owner and the
Engineer, and the Owner and Engineer desire to comply with such regulations,
and, in parti~ular, Appendix C-1 to 40 CPR Part 35-Subpart E dated December 29,
1976. Appendix C-1 to CFR Part 35-Subpart g dated December 29, 1976 is
attached and herewith made a part of this Agreement and identified as EPA
Form 5720-9 (4-77) pages 1, 2, $ and 4.
WHEREAS, the Owner requires professional engineering services for
the design and construction of Gravity Interceptor Sewers Nos. 316, 517, and
319 and their associated facilities.
NOW, THEREFORE, the Owner and Engineer in consideration of the
mutual covenants'hereinafter set forth agree to supplement original Agreement
dated February 8, 1957 as follows:
I. Scope of Work
The services to be rendered by the Engineer under this Agreement
shall include the Professional Engineering Services During Final Design
Phase; Bidding o2 Negotiating Phase; Construction Phase; Resident Project
Services; Preparation of Record D~awings; Preparation of Operation and
Maintenance Manual as required by EPA regulations; and other Architectural~
Engineering Services that may be determined necessary as a result of EPA
regulations published at the time of the signing of this Agreement.
Professional Engineering Services for the Project
1. General
1.1 Consult with the Owner to determine the Owner's requirements
for the project.
1.2 Agvise the Owner as to the necessity of his providing or
obtaining services such as legal surveys (but not limite~ to)
or other data from others of the types necessary for the
Project, and act as the Owner's representative in connection
with any such services.
2. Final Design Phase
After written authorization to proceed with the Final Design Phase
the Engineer will:
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2.1 On the basis of the approved preliminary design documents
prepare for incorporation in the Contract Documents, detailed
drawings to show the character and scope of the work to be ·
performed by contractors on the Project (hereinmfter called
the "Drawings"), and instructions to bidders, general conditions,
special conditions and technical provisions (all of which are
hereinafter called the "Specifications").
2.2 Furnish to the Owner such documents and design data as
may be required for, and assist in the preparation of, the
required documents so that the Owner may secure approval
of such governmental authorities as have jurisdiction over
design criteria applicable to the Project.
2.3 Advise the Owner of any adjustment of the cost estimate
for the Projectcaused by changes in scope, design requirements
or construction costs and furnish a revised cost estimate for
the Project based on the finaldrawingsandspecifications.
2.4 Prepare proposal forms and noticeto bidders and assist
in the preparation of the Contract Documents.
2.5 Furnish five copies of the final Drawings and Specifica-
tions.
Bidding or N~gotiating Phis6
After w~itten authorization, as additional services to this
agreement proceed with the Bidding or Negotiating Phase, the
Engineer will:
3.1 Assist the Owner in obtaining and evaluating bids or
negotiating proposals and preparing construction contracts.
3.2 Consult with and advise the Owner as to' the acceptability
of subconZractors and other persons and organizations proposed
by the prime construction contractor(s) (hereinafter called
"Contractor(s)") for those portions of the work as to which
such acceptability is required by the bidding documents.
3.3 This Phase.shall terminate upon commencement of the
Construction Phase or upon cessation of negotiations with
Contractor(s).
4. Professional Engi,neering Services During Construction Phase
The Engineer shall perform professional services during con-
struction in connection with the ~roject as additional services
after written authorization by the Owner~ Such services
shall include normal civil, structural, mechanical, and
electrical engineering services and normal architectural
services incidental thereto.
Under the Professional'Engineering Services During Construction
Phase, the Engineer will:
4.1 Consult with and advise the Owner and act as his representa-
tive as provided in~ the General and Supplemental Conditions of
the Construction Contract Documents; the extent and limitations
of the duties, responsibilitims and authority of the Engineer
as assigned in said General and Supplemental Conditions shall
not be modified without the Engineer's written consent; all
of the Owner's instructions to the Contractor(s) shall be
issued through the Engineer who shall have authority to act
on behalf of the Owner to the extent provided in said General
and Supplemental Conditions except as otherwise provided in
writing.
4.2 Make periodic visits to the site to.observe the progress
and quality of the executed work and to determine in general
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if the work is proceeding in accordance with the Construction
Contract Documents; he will nor be required to make exhaustive
or continuous on-site inspections to check the quality or
quantity of work; he will not be responsibl~ for the construction
means, methods, techniques, sequences or procedures or the
safety precautions and programs incident thereto; his efforts
will be directed toward providing assurance for the Owner that
the completed Project will conform to the requirements of the
Construction Contract Documents, but he will not be responsible
for the failure of Contractor(s) to perform the construction
work in accordance with the Construction Contract Documents;
and during such visits and on the basis of his on-site ob-
servations he will keep the Owner informed of the progress of
the work, will endeavor to guard the Owner against defects and
deficiencies in the work' of Contractor(~ and may disapprove or
reject work as failing to conform to the Construction Contract
Documents.
4..3 Review and approve shop drawings, diagrmms, illustrations,
brochures, catalog data, schedules and samples, the results of
tests and inspections and other data which any Contractor is
required to submit, but only for conformance with the design
concept of the Project and compliance with the information given
in the Construction Contract Documents; and receive and review
maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection which are to be assembled
by the Contractor(s) in accordance with the Construction Contract
Documents.
4.4 Issue al/ instructions of the Owner to the Contractor(s);
prepare routine change orders as required; he may, as the Owner's
representative, require special inspection or testing of the
work; he will act as interpreter of the terms and conditions
of the Construction Contract Documents and judge of the performance
thereunder by the parties thereto and will make decisions on
all claims of ~he Owrrer and the Contractor(s) relating to the
execution and progress.of the work and all other matters and
questions related thereto; but the Engineer will not be liable
for the results of any such iht erpretations or decisions rendered
by him in good faith.
4.5 Based on his on-site observations as an experienced and
qualified professional and on his revie~ of Contractor(s)
applications for payment and supporting data, determine the
amount owed to the Contractor(s) and approve in writing payment
to %he Contractor(s) in such amounts; such approvals of payment
shall constitute a representation to the Owner, based on such
observations and. review, that the work has progressed to the point
indicated and that, to th~ best of his knowledge, information
and belief, the quality of the work is in accordance with the
Construction Contract Documents, (subj-ect' to an evaluation of
the work as a functioning Project upon substantial completion,
to the results of any subsequent tests called for in the Con-
struction Contract Documents~ to minor deviations from the
Construction Contract Documents correctable prior to completion
and to any qualifications stated in his approval), but by
approving an application for payment the Engineer shall not
be deemed to have represented that he has made any examination
to determine how or for what purposes any Contractor has used
the moneys paid on account of the Contract Price.
4.6 Conduct an inspection to determine if the Project is
substantially complete and a final inspection (with the Owner,
Project Manager and Resident Engineer in attendance) to
determine if the Project has been completed in accordance with
the Construction Contract Documents and if each Contractor has
fulfilled all of his obligations thereunder so that the Engineer
may approve, in writing, final payment to each Contractor.
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4.7 The Engineer will not be responsible for the acts or
omissions of any Contractor, any subcontractor or any of the
Contractor(s)' or subcontractors' agents or employees or any
other person performing any of the work under the construction
contract.
4.8 Prepare supporting documents for governmental grants, loans,
or advances in connection with the Project.
4.9 Submit weekly progress reports to the Owner.
'4.10 Submit monthly progress reports to the Owner, U. S.
Environmental Protection Agency, Florida Department of
Environmental Regulation, and. the, U; S~ Army Corps of
Engineers.
4.11 Submit weekly payroll certifications, as submitted by
the Contractor(s), to the Owner.
4.12 Monitor Contractor(s) submittal of required 257 For{ns:to
EPA.
5. Resident':Project Services
Upon wrztten authorization by the Owner, additional services
as required by the Owner shall be furnished by the Engineer,
including a registered professional engineer to serve as the
:Resident Engineer. Resident Project Inspector(s) will also be
furnished and mill act as directed by the Resident Engineer
in order to provide more extensive representation at the Project
site during construction. Such servi~ces will be paid for by the
Owner as indicated,under Section III of this Agreement.
The Resident Project Inspector is the Engineer's Agent and shall
act under the supervision and direction of the Resident Engineer.
He shall confer with the Resident Engineer regarding his actions,
and shall generally communicate with the Owner only through the
Resident Engineer.
The Resident Project Inspector shall:
S.1 Review the progress schedule prepared by the Contractor for
compliance with the contract and give advice to the Resident
Engineer concerning its acceptability.
5.2' Attend pre-construction conferences. Arrange a schedule
of progress meetings and other job conferences as required in
consultation with the Resident Engineer and notify those expected
to attend in advance. Maintain and circulate copies of records
of the meetings.
5.3 Serve as the Resident Engineer's'liason with the Contractor
working principally through the Contractor's superintendent.
Alert the Contractor, through his superintendent, to the hazards
involved in accepting and acting.upon instructions from the
Owner or others, except such instructions transmitted through
the Resident Engineer.
Cooperate with the Contractor in his dealings with the various
local agencies having jurisdiction over the Project in order
to complete service connections to public utilities and facilities.
Assist the Resident Engineer in obtaining from the Owner additional
details or information, When required at the job site for proper
execution of the work.
5.4 When required, assist the Resident Engineer in obtaining
from the contractor a list of his proposed suppliers and sub-
contractors.
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5.5 Assist the Resident Engineer in obtaining field samples
of materials delivered to the site which are required to be
furnished, and keep record of actions taken by the Resident
Engineer.
5,6 Receive approved shop drawings and other submissions from
the Resident Engineer; record data received, maintain a file
of the drawings and submissions, and check construction for
compliance with them.
Alert the Contractor's superintendent when he observes materials
or equipment being installed before approval of shop drawings
or samples, wheresuch are required, and advise the Resident
Engineer when he believes it is necessary to disapprove work
as failing to conform to the Construction Contract Documents.
5.7 Conduct on-site observations of the work in progress for
the Resident Engineer as a basis.for determining that the Project
is proceeding in accordance with the Construction Contract
Documents, and report to the Resident Engineer whenever he
believes that any work should be rejected or specially tested,
or that the work should be stopped to insure that the completed
Project will comply with the requirements of the Construction
Contract Documents.
Verify that tests, including equipment and systems startup,
which are required by the Construction Contract Documents are
conducte~ and that the Contractor maintains adequate records
thereof; observe, record and report to the Resident Engineer
appropriate details relative to the test procedures and startups.
5.8 Transmit to the Contractor the Resident Engineer's inter-
pretations of the Construction Contract Documents.
5..9 Consider and evaluate Contractor's suggestions for modifi-
cations in drawings or specifications and report them with
recommendations to the Resident Engineer.
5.10 Maintain at the job site orderly files for correspondence,
reports of job conferences, shop drawings and other submissions,
reproductions of original contract docu~nents including al/
addenda, change orders, field orders~ and additional drawings
issued subsequent .to the award of the contract, the Resident
Engineer's interpretations of the Construction Contract Documents,
progress reports, and other Project related documents.
Keep a written record of hours on the job site, weather conditions,
list of visiting officials, daily activities, decisions, observa-
tions in general and specific observations in more detail as in
the case of observing test procedures.
Record names, addresses and telephone.numbers of all Contractors,
subcontractors and major material suppliers.
Maintain a set of drawings ~on which authorized changes are
noted, and deliver to the Resident Engineer at ~he completion
~£ the Project.
5.11 Furnish the Resident Engineer periodic reports as required
of progress of the Project and the Contractor's compliance with
the approved progress schedule.
Consult with the Resident Engineer in advance of scheduled major
tests, inspections or start of important phases of the Project.
5.12 Review applications for payment with the Contractor for
compliance with the established procedure for their submission
and forward them with recommendations to the Resident Engineer,
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noting particularly their relation to the work completed
and materials and equipment' delivered at the site.
5.15 During the course of the work, assemble Guarantees,
Certificates, Maintenance Operation Manuals and other required
data to be furnished, by the Contractor and upon acceptance of
t~e' Project, deliver this material to the Resident Engineer for
his reviewand forwarding to the Owner.
5.14 Prior to inspection for substantial completion, submit to
the Contractor a list of observed items requiring correction.
Conduct final inspection in the company of the Project Manager,
Resident Engineer and the Owner and prepare a final list of
items to be corrected.
Verify that all items on final list have been corrected and make
recommendations to the Resident Engineer concerning acceptance.
Through more extensive on-site observations of the work in progress and
field checks of materials~and equipment by the Resident Project
Inspector and assistants, the Engineer will endeavor to provide
further protection for the Owner against defects and deficiencies in
the work, but the furnishing of such resident project representation
shall not make the Engineer responsible for construction means,
methods, techniques, sequences or procedures or for the Contractor(s)'
failure to perform the construction work in accordance with the
Construction Contract Documents.
6. Prepamation of Record Drawings
Upon written authorization by the Owner, additional services
sh~tl be furnished by the Engineer, including preparation of a set
of reproducible record prints of Drawings showing those changes made
during the construction process= based on the marked-up prints,
Drawings and other data furnished by the Contractor(s) to the
Engineer and which the Engineer considers significant.
7. Preparation of Operation and Maintenance Manual
Upon written authorization by the Owner, additional services
shall be furnished by the EngiDe~r, including preparation of an
Operation and Maintenance Manual in conformity with Environmental
Protection Agency requirements for PL 92=500 projects.
8~ Other Architectural-Engineerin~ Services
Upon written authorization by the Owner, the Engineer will
perform other architectural-engineering services as required by
the Owner and/or the U. S. Environmental Protection Agency to comply
with State or Federal government regulations.
8.1 The Owner may, at any time, by written order, make changes
within the scope of this Agreement. for the services or work to
be performed. If such changes cause an increase in the Engineers
cost of, or time required for, performance of any services
under this Agreement, whether or not changed by an order, an
equitable adjustment shall be made and this Agreement shall be
modified in writing.
8.2 The Engineer shall not furnish any services requiring
additional compensation without written authorization from the
Owner.
II~ Period o~ Service
The Engine.ering Services under this Agreement will commence after
written authorization from the Owner fox each Phase, or with the execution
of the Grant Offer for the Step II Grant Services for the Project design
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(or on such other date as may be specified by the Owner for commencement
of the work under this agreement but not prior to grant acceptance) and
wiil terminate upon w~itten approval of final payment by the Owner to.
the Engineer.
Each Period of Service for each phase of the Professional Services,
as detailed or outlined mader Paragraphs 1 through 8 of this agreement
shall be negotiated and agreed upon in writing between the Owner and
Engineer prior to commencement.
The Period of Service for the Engineering Services under the Final
Design Phase shall be 180 days after authorization by the Owner. All other
periods of services for the remaining phase shall be negotiated along with
compensation at the time of authorization by the Owner.
If the. Owner has requested 'significant modifications or changes in
the scope of the Project, the time of performance and compensation to the
Engineer shall be adjusted accordingly.
If the construction of the Project is delayed significantly for
reasons beyond the Engineers control, the various rates of compensation
provided forelsewhere in this Agreement shall be subject, to renegotiation.
III. Compensation
The engineering fees for the services to be performed for the Owner
are fixed fees for (1) Final Design Phase; (2) Professional Engineering
Services During Construction Phase; (3) Resident Project Services;
(4) Preparation of Record Drawings; and (5) Preparation of Operation and
Maintenance Manual. Any Other Architectural-Engineering Fees for services
provided in accordance with paragraph 8 above will be negotiated with the
Owner and processed as a change order to this Agreement upon written
authorization from the Owner to provide such additional services as
defined in the Contract between the Engineer and the Owner that is now
in effect.
In the event that there is a modification of the United States
Environmental Protection Agency requirements relating to the services to
be performed under this Agreement~ subsequent ~o the date of execution
of this Agreement, the increased or decreased cost or.performance of the
services provided for in this Agreement shall be reflected in an appropriate
addendum to this Agreement.
A. Hourly Rates:
The fees hereby established may not be exceeded except as authorized
in writing by the Owner. If the Owner requests additional personnel
be assigned to the project which will exceed the attached Project
Budget sheets (EPA:Form 5700-41) and/or fees established, the agreement
shall be modified accordingly.
The hourly rates by labor category as showh below are hereby
established as current average rates for budget preparation purposes.
LABOR CATEGORY
AVERAGE SALARY RATE
Principal $30.00
Project Manager 19.50
Senior Engineer/Project Engineer 13.50
Design Engineer/Sr. Spec;Writer/Surveyor 10.00
Engineering Technician I 8.S0
Engineering Technician II 7.S0
Senior Draftsman/Spec. Writer 8.S0
Draftsman I 6.S0
Draftsman Il/Surveyor Rodman 6.00
Clerical S.SO
Resident Engineer 13.50
Resident Project Inspector I 9.00
Resident Project Inspector II 8.00
Resident Project Inspector III 7.00
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The overhead rates used to calculate fees are based on audited
rates by the U. S. Environmental Protection Agency for the Fiscal Year
enaing September 30, 1977. Should these rates be subsequently increased
by the E.P.A., the rates herein will be changed accordingly.
B. Direct Cost:
{1) Travel costs directly related to this Project are calculated at
the current rate of $0.17 per mile. Mileage will be included in
the fixed fee at the current rate and as necessary.
The mileage rates used are based on current allowable rates established
by the E.P..A. Should these rates be subsequently increased by the E.P.A.,
the rates herein will be changed accordingly.
(2) Other directcosts such as equipment, materials, supplies,
[etc.) related, to this project are in.clu~ed in the calculations of
the budget sheets at estimated costs.
IV. Personnel.and Facilities
The Engineer warrants that they nowhave or will secure at their own
expense, all personnel required to perform the services under this Agreement
within the required completion dst ss set forth in Section II above. Such
personnel are not employees of nor have any contractual relationship with
the Owner. All personnel in the work shall be fully qualified.
V. Subcontractors and Consultants
The Engineer does not anticipate the need to hire subcontractors
and consultants to performthe engineering services contemplated under the
terms of this Agreement. However, if the Engineer is required to perform
services under this Agreement outside of thenormal range and scope of
engineering services by the use of special consultants in other professional
fields (by way of example but not limited to professional land surveyors,
lawyers, accountants, archeologists, ornithologists and other types of
special consultants) the Engineer and Owner shall negotiate the terms of
employing such subcontractors and consultants at the time their services
become necessary.
VI. Accounting Systems
The Engineer shallhave an accounting system which accounts for
costs in accordance with generally accepted ,accountlng principles. This
system shall provide for the identification, accumulation and segregation of
allowable and unallowable project costs among projects. The Engineer
must propose and account for costs in a manner consistent with his normal
accounting procedures.
VII. Reports of Work
The Engineer shall present status reports on the projects in a
format acceptable to the Owner.
VIII. Payments .to the Engineer
Payments for engineering fees earned for the various items of work
performed shall be in accordance with the following schedule:
A. Professional Engineering Services During Final Design Phase -
The fixed fee amount for the project shall be earned based on a straight
line projection.of the contract time period as specified in the Period
of Service outlined in Section II. During the Final Design Phase, the
fixed fee amount earned shall be paid By the Owner to the Engineer in equal
monthly payments.
B. Professional Engineering Services Daring Construction Phase -
The fixed fee amount for each project' shall be earned based on a straight
lifie projection of the cbnstrnction contract time period as specified in
each of the construction contracts. During. the construction phase, the
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fixed fee ~mount earned shall be paid by the Owner to the Engineer in
equal monthly payments.
C. Resident Project Services - The fixed fee amount for each project
shall be earned based on a straight line projection of the construction
contract time period as specified in each of the construction contracts.
During the construction phase~ the fixed fee amount earned shall be paid
by the Owner to the Engineer in equal monthly payments.
D. Prepmration of Recomd Drawings - The fixed fee amount for
preparation of the record drawings for each project shall be earned in
proportion to the percentage of 6omp'tetion of the drawings. The fee
earned shall be paid by theOwner to the Engineer in monthly payments in
proportion to the percentage of completion of the record drawings.
B, Preparatio~ of Operation and Maintenance Manual - The fixed
fee amount for preparation of the Operation and Maintenance Manual shall
be earned in proportion to'the percentage of completion of the manual.
The fee earned shall he paid hy the Owner to the Engineer in monthly
payments in proportion to the percentage of completion of the 0 ~ M Manual.
IX. Audit Rights
The Owner reserves the right to audit the records of the Engineer
at any time during the.prosecution of this Agreement and for a period of
one year after final payment is made under this Agreement.
X. Entirety of Agreement
No alteration, change, or modification of the terms of this Agreement
shall be valid unless made in writing and signed by both parties hereto.
This Agreement, regardless of where executed, shall be governed by
and construed according to the Laws of the State of Florida.
XI. Ownership of Documents
All reports, tracings~ plans, specifications, field books, surveying
information, maps and contract documents developed for purposes of this
Project shall remain the property of the Engineer. The Engineer shall
furnish the Owner with a certified copy of all documents and the Engineer
shall be responsible for the integrity'of the drawings and specifications.
XII. Insurance
The Engineer shall not commence work on this contract until he has
obtained all insurance required under this paragraph and such insurance
has been approved by the Owner.
The Engineer shall maintain during the term of this Agreement the
following insurance:
Automobile Liability Insurance covering all owned, non-owned,
and hired vehicles in the amountk of not less that $100,000.00
per person and $500,000.00 per accident for bodily injury and
$50,000~00 for property damage.
The Engineer shall maintain during the term of this Agreement,
and for a period of one year after completion and acceptance of the
Project, the following insurance:
Professional Liability Insurance in an amount hot less than
$1,000,000.00 (deductible permitted not in excess of $25,000.00)
providing for ali sums which the Engineer shall become legally
obligated to pay as damages for claims arising out of the services
performed by the Engineer or any person employed by him in
connection with this Agrreement.
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All Insurance Policies shall be issued by companies authorized to
do business under the Laws of thes~ate of Florida.
The Engineer shall furnish certificates to the Owner, prior to the
commencement of operations, which certificates shall clea~ly indicate
that the Engineer has obtained insurance in the type, amount, and classifi-
cations as required for strict compliance with this Section and that no
material change or cancellation of the insurance shall be effective
without thirty (30) days prior written notice to the Owner.
Compliance with the foregoing requirements shall not relieve the
Engineer of his liability and obligations under this Agreement.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement
as of
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
City Clerk
ATTEST:
By
RUSSELL ~ AXON, ENGINEERS-PLANNERS-
ARCHITECTS, INCORPORATED
APPROVED AS TO FORM:
By
Milton L. Haltman, Jr.
Vice President and
Southeast Florida Area Manager
City Attorney
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REQUIRED PROVISIONS
CONSULTING ENGINEERING AGREEMENTS
1. GENERAL
(al The Owner and the Engincer agrc~ that [be following
provision$$haU apply to Ibc work to be p~r1'orme~ under th~s
35.936.35.937, and 35.939.
2. RESPON~IBlUTY OF THE ENGINEER
{al Thc £ngin~r shall t~ responsible for the
s~ir~i~ r~. a~ land'iai ~hng wo~ or
work. ~r t~ ~oer's nor EPA's re~. approval
~o~a~ of Ibis agr~m~t, and ~lhe En8~r s~ll ~ and
da~agm ~o i~e ~ner ~ EPA cau~ ~ the Engi~r's
rc~i~ ~vid~ ~ law. .
3. SCOPE OF WORK
accordar~c~ with applicable EPA regulations (40 C'I-'R Parl
35. Subpart E)
4. CHANGES
5. TERMINATION
given (II no! less than ten {'10) days wr~ucn notice (delivcrcd
made a% pr.v~d~ in p~agraph (c) of ebb, clau~e '
(gl Th~ rights ~ r' em~'dic~ of the C~w~e[ and thc Engineer
REMEDIES
specifically de.ct ~bed therein
(0 The award rendered b~. the arbitrators will be final.
sub~ocl to appeal, and judgmenl may be entered upon }t m any
7. PAYMENT
be adequate for the protection of Ibc Owner, he m;~r at bls
d~et~n ~ I0 t~c ~gi~ such exc~ am~nL
(~) U~n ~fisfaclo~ ~mplclion by the Engmeer of thc
work ~ll~ 'for 6~de~ (~ le~ ofthi~ agr~ment, and u~n
hereu~r, and prior Io fin&l ~ymenl under Ihis agr~ment
8. PROJECT DESIGN
(a) In Ihe performance 0f this agreement. Ihe Engineer
shall, to the extent praclicable, provide for maximum us~ of
methods, and equipment which are readdy available through
production techniques, methods, and processes, conststent
with. 40 CFR 33_936-3 and 35.936-13, excepl IO the extent
of Ibc pro.~-c!
9, AUDIT; ACCESS TO RECORDS
practices, and 40 CFR ~0:605. 30.805. nnkl 35.935-7. The
Department of Labor, O~n~r, and ~]~¢ Slale water ~lluti0n
para~a~s (aj n~d (b~ a~vc, to ~ny ~ the agen~ rcferr~
10. PRICE REDUCTION FOR DEFECTIVE COST
{a) If the EPA Project Officer determines that any price.
including at&~fit, ncgol,.ated m connec-t~on w~lh Ihi$
c'ost or pricing d~t~ required to be sttbm/Itedby ht~ lower tter
11. SUBCONTRACTS
12. LABOR STANDARDS
{as defined by Ih,: Secretary of Labour}. Ibc'Engineer agree~,
(40 U,S C 327~33~):
(C) Copeland Anti-K~ckback Acl (18 U.S C. g74): and
Oppor!umty);
In accordance with EPA pohcy a~ expressed in 40 CFR
14. UTILIZATION OF SMALL AND
MINORITY BUSINESS
In accordance with EPA policy a~. cxpre~s, ed in 40 CFR
35.936-7; Ibc Engineer agrees that quahfied small bu~iner~.i
and minority business enterprises shall have the maximum
15. COVENANT AGAINST CONTINGENT FEES
~6. GRATUITIES
17. PATENTS
18. COPYRIGHTS AND RIGHTS IN DATA
o~ratin~ manua~ ~ ~her 'Su~t Da~" [~ dcfin~
Ap~ndix C to ~ ~R Pa. ~) arc subj~t to the rights
Uni{~ Slain, ~ ~l forth in ~id Ap~ndix C. i~}uding
~rmitl~ by ~M Ap~ndix ~ and sub~l lO the debts
All such "Sub~t ~la' furni~ by the Engm~r
,Co, s?OR'PRICE SUI,~}/ARY FOR}/,AT FOR SUBAGREEMENTS UNDER'U.S. EPA GRANTS
(${~e accumpany]n~ ]nstrucl]ons before compl~t~n~ ~
, ~ PART I-GENERAL
Form Approved
O~B A%. 155-R0144
3. NAIVE OF CONTRAC-TOR OR SUBCONTRAC'TOR . 14. DATE OF' ;ROPOSAL ~
Russell & Axon, Engineers, Planners, Architects, [nc. J 12/3/7
' J Preparation of Final Plans, Specifica-
167 N. E. 2nd Avenue J t~.ons, Contract Documents.&
Detray Beach, Florida 55444 J Topographic Surveys for Interceptors
J J #316, #517, & #519
Principal · . '
Project Manager
:JProject Engineer'
Design Bngineer I,Sr. Spec. Writer, Surveyor
Engineering Tech.,Sr. Draftsman,Spec. Writer
Draftsmah, Clerical, Survey Rod man
Fringe Ben,fits ~ Overhead
19.50 975.00
15.50 1620.00
t0.00 2000.00
).00
6.00
566.00 14,608.00
566.00
(1) TI:~ANSPORTAT,ON 5,000 Miles @ $0.17
510
TRAVEL SUBTOTAL:
Reproduction ~ Printing
S10
900 900
I
,~%,~ ~ ...... .~ 900
SUBCONTRACTS SUBTOTAL:
OTHER SUBTOTAL:
j e. OTHER DIRECT COSTS TOTAL:
~0. TOTAL ESTIhATED COST
1,410.00
~.0~
30,
' * Includes 5% for salary increases during duration of project.
PART IV-CERTIFICATIONS
D.S.E.P.A., Southern Afldit. Divigion (NOTE: Russell & Axon has r~quested EPA to
545 Courtland Street, N.E.. ' · audit Fiscal Year records ending. 9/30/79
Atlanta, Georgia 5050_8 to establish curren% multiplier)
Audit #E2aWd-05-026-80368, dated 12/20/77 (last audit]
4b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
CFR-~i-15.2 and 15.4 and FMC 74-7
(~)
This proposal is submitted for use in connection with and in response to (1) CITY OF BOYNTON BEACH,
FLORIDA and EPA Grant Offer .. This is to certify to the 5est of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2). 12/3/79 and that a financial management capability exists to fully and accu-
rately account for the financial transactions under this project, I further certify that I u~derstand that the
subagreement price may be subject to downward renegotiafion and/or recoupment where the above cost and
pricing data have been determined, as a result of audit= not'to have been compleX, current and sccurate as
of the date above.
Milton L. Hallman, Jr.
Vi ce Presi dent
I certify that I have reviewed the cost/price summary set forth ]~rein and the proposed costs/price appear
acceptable for subagreement award.
PAGE 20F
INSTRUCTIONS
In completing this form, CAREFULLY READ AND FOLLOW ALL
INSTRUCTIONS. Many items are not~ self-explanatory. Attach
additional sheets if necessary.
Use onl~ the applicable portions of this torm:
Part I is applicable to all subagreements.
Part II is applicable to all subagreements requ~nng a cost review
pursuant to EPA grant regulations.
Part lit is applicable to all subagreements where review is based
on price comparison (i.e., price analysis).
Part IV certitications will be executed as required by the
regulations;and by the instructions for each block.
PART I- GENERAL
Item ! - Enter the name of the grantee as.shown on the grant
~ agreement. ~
, . Item 2~- Enter th~ grant identification number shown on the grant
· ~ agreement (or ass gned to the project, f no grant agreement has yet
been executed).
Item 3 - Enter the name of the contractor or subcontractor with
whom the subagreement is proposed to be executed.
Item 4 - Enter the date of the contractor's or subcontractot's
- propos3[ to the grantee' -
Item 5 ~ Enter the fult mailing address of the contractor or
subcontractor_
~ · Item 6 - Giv~e a brief description of the work to be performed under
the proposed suDagreement.
PART 11 - COST SUMMARY
This portion of the form is to be completed by the contractor (or
his subcontractor) with whom a subagreement is proposed to be
executeO, unless that subagreement is a formally advertised,
competitively bid, fixed price contract.
Nothing in the following discussions should be interpreted as
recommending the inclusion as direct costs any items normally
treated as overhead costs in the firm's accounting or estimating
system_
40 CFR 30,710 contains general cost principles applicable To
- - subagreements under EPA grants. Pursuant to that section, all
subagreements swarded to profit-making organizations are subject
to the cos~t princlples of 4] CFR 1-]5.2, Architect-engineer and
construction contracts are subject also to 41 CFR 1-15.4.
Item 7- Direct Labor
Enter in block 7 the categories of professional or technical
personnel necessar7 to perform each major element of work under
the contract scope of services. Estimate man-hour~ for each
category .and extend them by the wage rates to be paid during the
actual performance of the work. Current rates, adjqs~ed for
projected ncreases, f any, should be used for the actual (;a~egories
of abor contemp ated A projected increases shou d be s.u. pported
by recent experience or established personnel polic~.
Enter in the far right column the total estimated direcl labor cost.
Supporting records to be maintained by the contractor and
which must be submitted or made available to the grantee or EPA
upon request include:
a_ The method of estimating proposed man-hours.
b. The computation technique used in arriving at proposed
tabor rates.
d. Detailed rate computations which were used in computing
the information submitted on the form.
If in block 14a, the contractor has checked "No," a brief
narrative description of the methods used'in arriving at items a
through d above shall be included on an attached sheet.
item 8 -Indirect Costs
which are grouped on the basis of the benefits accruing to the cost
ob]ecNves represented by the distribution base or bases to which
particular groupings i5 not required_ Neither is the use of any
part/~ular a/location base mandator~ However, it is mandatory that
the method used results in an equitable allocation of indirect costs to
the cost oLjectives which they su~po~
Normall~ the firm's accounting system and estimating practices
~ilI determine the mthod used to allo~ts overhead costs. The firm
estsbNshed practices, H in accord with genemE~ accept~
accounting ~rinciples and PROVIDED THEY PRODUCE EQUITABLE
RESUL TS IN TH~ CtRCUMSTANCH~ will ~e~mlly be
Proposed overhead rates should represent the firm's best estimate
of the rates to ~ experienced during the contmct ~ri~.
~sctors which ~ilt influence ~perienc~ trends_
genemf and administmNve ex~ns~. The Fzrst group~g usually
includes employment t~es, fringe benefits, holi~ys, va~tio~ idle
time, bonuses, etc., applicable to direct labor The second ge~mll~
includes the remaining coma wh~ b~ause of their incurfen~ for
common or joint objective are not readily sub, ct to tr~tment
direct costs; It is ex~ecte~ ho~ve~ that proposal groupings will
correspond with the firm ~ normal meth~ of accumu~ting inditer
included instead under ~em 7.) ~o s~ial categorization is
equitable results. As. in the ~se of overhead c~ts groupings,
~tb~ to be used ~71 de~end upon t~ firm ~ normal practices and
Item 9 - Other Direct Costs
Special equipmen~
c Subcontracts.
d. Other. Direct costs, flank not included above.
Enter in blocks 9a-d ali other direct costs proposed. '[rave~ costs
entered must be supported by an attachment whict~ identifies the
nu~hb~r of man-trips proposec and the est/reeled cost per man-trip
for both local and long d~stance transportation. The number of days
and the rate per day must be provided to support the per diem
shown. Each subcontract and consultant agreement must be
identified separately ic block 9c. For each subcontract in excess of
$10,000, this EPA Form 5700-4! completed and certified by the
subcontractor shall be upper.led..
Enter inthe far right column on [~ne 9e the total of ail other direct
costs (ga-d).
Supporting data to be maintained by the contractor and which
must be submit[ed or made available to the grantee or EPA upon
request include:
a. basis for other direct costs pro_posed,
b. factual sources of costs, rates, etc., used in computing the
proposed amount of each cost element.
Item ] 0 -Total Estimated Cost
Enter the total o{ all direct labor, indirect costs, and other direct
costs from items 7, 8, and 9.
Item 11 - Profit
A fair and ~easonable provision for profit cannot be made by
simply applyin~ a certain predetermined percentage to the total
estimated cost. Rather, profit will be esNmated as a dollar amount
a deEree of risk, _
b. nature of the work to be perCorme~,
c. extent of firm's investment,
d. subcont~cting of work, and
e. other criteria.
incurred by f~Yms in the normal conduct of their business. Examples
and bad debts. Because The Government considers "profit" to be the
Enter the dollar amount of profit in block I1.
Item ! 2 - Total Price
Enter the total of item 10 and item 11.
PART III - PRICE SUMMARY
This portion of the torm is for use by a grantee when price
comparison (i.e., price analysis) is utilized in subagreement review. It
may also be used by a contractor when price comparison is used a.s a
basis for award of, a subcontract.
I~em 13 - Co-~petifor's Catalog Listings, In House Estimates.,
Prior (~uotes
Enter sources of all competitive bids or quotesCre~ei~;ed, or
catalogs used and their prices, or in-house estimates made, if
appropriate, for comparmon. Attach additional sheets if necessary,
particularly for purchases of several difterent items.
Enter in the far right column the proposed price for the
subagreement
EPA Form 5700-41 (2-76)
/ PART IV - CERTIFICATIONS
Item 14 - Contractor - FOR USE BY CONTRACTOR OR
SUBCONTRACTOR ONLY
a. Comp[eta this block only if Part II has been completed.
b. Complete this block onty if Part Il has been completed.
Enter the specific cost prlr~ipies w~th which the cost
summary of Part 11 conforms. Cost principles applicable to
subagreemeets with various types or organizations are
identified in 40 CFR 30,710. Cost principles applicable to
subagreemeats with profit-making organizations are those
at 4! CFR 1-15.2, and, for architect-engineer or
construction contracts, 41 CFR 1-15.4,
c. (1) Describe the proposal, quotation, request for
price adjustment or o~har submission involved,
~gfving appropriate identifying number (e.g., RFP
No . ). '
(2) Enter the date when the price negotiafion~ were
concluded and the contract prme was agreed to.
The responsibility of the contractor is not [imited
by the personal knowfedge of the contractor's
negotiator if the contractor had information
reasonably available at the time of agreement,
showing that the negotiated price is not based on
compfete, current and accurate data.
(3) Enter the date of signature. This date should be
as close as practicable to the date when the price
negotiations were concluded and the contract
price was agreed to (not to exceed 30 days).
Item ! 5 - Grantee Reviewer - FOR USE BY GRANTEE ONLY
If required by applicable grant regulations, the grantee must
submit the signed form for EPA review prior to execution of the
subagreement.
Item 16- EPA Reviewer- FOR USE BY EPA ONLY
EPA Form 5700-41 {2-76) PAGE S OF' .5