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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: -1- 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 -2- 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. -5- 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. -4- 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, -5- 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 -6- (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 -7- 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 -8- 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. -9- 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 -10- 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