79-VVRESO U ZON NO. 79- [
A RESOr;UTION AUTHORIZI~IG AND DIRECTING PETER L. CHENEY,
CITY MANAGER OF THE CITY OF BOYNTON BEACH, TO MAKE
APPLICATION FORA STEP II GRANT FOR FEDERAL
UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS
EPA PROJECT NO. C-120496070
ASSISTANCE
PROGRAM
~VHEREAS, BOYNTON BEACH, FLORIDA, proposes to construct
Regional Treatment, Disposal System Transmission Facilities for
abatement of pollution; and
WHEREAS, it is deemed necessary and advisable to seek
federal assistant and/or state assistance for such construction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH,~FLOP~IDA:
(1)
That Peter L. Cheney, City Manager, be and he is
hero-by 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.
(2)
That Peter L. Cheney, City Manager, be and he ls
hereby authorized and directsd 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.
APPROVED AND ADOPTED BY THE CITY COUNCIL, BOYNTON BEACH,
FLORIDA,
this 18th day of December, 1979.
Mayor
ounc~lman ~/
ATTEST:
cit7 Clerk
C~.~man ~ ~
Cc~cilman C / -
SUPPLEMENTAL AGREEMENT NO, 9
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 ~he Engineer) for providing professional engineering services for the design
and'construction of (1) Pump Station and Force Main to serve the area east of
Seacrest Blvd. and South of Hypoluxo Road' (known as the San Castle Area);
upgrade existing Lift Station RG1 to accommodate' increased flow; (2) upgrade
existing Lift Station ISA and Ferce Ms_in ISA across the Intracoasta] Waterway
to connect into System #18 (hereinafter referred to. as the Project), to
accommodate the increased flows from the Town of Briny Breezes.
WHEREAS, the Owner 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 docLtments for (1) Pump Station ~d Force Main to serve the area
east of Seacrest Blvd. and South of Hypoluxo Road (known as the San Castle Area);
upgrade existihg LiftStation RGt; (2) upgrade existing Lift Station 1SA and
Force Main 1SA, further identified as EPA Project No. C~120496070, 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 particular, Appendix C-1 to CFR Part $5-Suhpart E dated December 29,
1975. Appendix C-1 to CFR Part $5-Subpart E dated December 29, 1976 is
attached and herewith made a part of th_is Agreement and identified as EPA
Form 5720-9 (4~77) pages 1, 2, 3 and 4.
WHEREAS, the Owner requires professional engineering services for
the design and construction of (1) San Castle Pump Station and Force Main~
modifications to Pump Station RG1; [2) Modifications to Pump Station 1SA and
Force Main 1SA.
NOW, THEREFORE, the Owner and ~ngineer 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 or Negotiating Phase; Construction Phase; Resident Project
Services; Preparation of Record Drawings; Preparation of Operation and
M~intenance 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 Advise the Owner as to the necessity of his providing or
obtaining services such as legal surveys (but not ]im~ted 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 (hereinafter 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 Project caused by changes in scope, design requirements
or construction costs and furnish a revised cost estimate for
the Project based on the final drawings and specifications.
2.4 Prepare proposal forms and notice to bidders and assist
in the preparation of the Contract Documents.
2.5 Furnish five copies of the final Drawings and Specifica-
tions.
Biddingor Negotiat,ing PhBs6
After written 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 subcontractors and other persons and organizations proposed
by the prime construct ion contractor(s) (hereinafter called
"Contractor(s)") for those portions of the work as to which
such acceptability is required by the bidding documents.
3.5 This Phase shall terminate upon commencement of the
Construction Phase or upon cessation of negotiations with
Contractor(s).
Professional Engineering Services During Construction Phase
The Engineer shall perform professional services during con-
struction in connection with the Project 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, responsibilities 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 not be required to make exhaustive
or continuous on-site inspections to check the quality or
quantity of work; he will not be responsible for the construction
means, methods, techniques, sequences or procedures or the
safety precaution's 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 iv_formed of the progress of
tke work, will endeavor to guard'the Owner against defects and
deficiencies in the work of Contractor(~) and may disapprove or
reject work as failing %o.conform to the Construction Contract
Documents.
4..3 Review and approve shop drawings, diagrams, illustrations,
brochures, catalog data, schedules and samples, the resulls 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 ConstructionContract 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 all instructions of the Owner to the Contractor(s);
prepare routine change orders as required; he may, as the Owner's
reopresentative, require special inspection or testing of the
work; he will ~ct 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 Owner 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 interpretations 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 the 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 e¥.aluation 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 ~ngineer
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 Zhe 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{nato
EPA.
5. Resident Project Services
Upon written 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
rResident Engineer. Resident Project Inspector(s) will also be
furnished and will act as directed by the Resident Engineer
in order to provide more extensive representation at the Project
site during construction. Such services will be paid for by the
Owner as indicated under Section III of this Agreement.
The Resident Project Inspector i.s the Engineer's Agent and shall
act under the supervision and directionof 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:
5.1 Reviewthe 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.$ 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 actingupon 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 ~pproved 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 sa~rples, where such 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 Constrmction
Contract Documents.
Verify that tests, including equipment and systems startup,
which are required by the Construction Contract Documents are
conducted 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 Contmactor's suggestions for modifi-
cations in drawings or specifications and report them with
recommendations to the Resident Engineer.
S.10 Maintain at the job site orderly files for correspondence,
reports of job conferences, shop drawings and other submissions,
reproductions of original contract docUments including all
addenda, change orders, field orders, and additional drawings
issued subsequent go 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 ~ihe co~rpletion
,of 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 ~anuals and other required
data to be furnished by the Contractor and .upon acceptance of
the Project~ deliver this material to the Resident Engineer for
his review and 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,
method~, techniques, sequences os procedures or for the Contractor(s)'
failure to perform the construction work in accordance with the
Construction Contract Documents;
6. Preparation of .Record Drawings
Upon written authorization by the Owner, additional services
shall 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'Enginee%, including preparation of an
Operation and Maintenance Manual in conformity with Environmental
Protection Agency requirements for PL 92-500 projects.
8.. Other Architectural-Engineering 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 Agreamentfor the services or work to
be performed. If such changes cause an increase inthe 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 of Service
The Engineering Services under this Agreement will commence after
written authorization from the Owner for 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 coFauencement
of the work under this agreement but not prior to grant acceptance) and
will terminate upon written approval of final payment by the O~ner to ~
the Engineer.
Each Period of Service for each phase of the Professional Services,
as detailed or outlined under Paragraphs 1 through 8 of this agreement
shall be negotiated and agreed upon in writing between the Owner and
Engineer prior to commencement.
ThePeriod 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 mn
the scope of the Project, the time of performance and compensation to the
Engineershall be adjusted accordingly.
If the construction of the Project is del-ayedsignificantly 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 theservices to be performed for the Owner
are fixed fees for (t) Final Design Phase; (2) Professional Engineering
Services During Construction Phase; (S) 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 modificationof the United States
Environmental Protection Agency requirements relating to the services to
be performed under this Agreement subsequent to the date of execution
of this Agreement, the increased or decreased cost of.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 8.50
Engineering Technician II 7.50
Senior Draftsman/Spec. Writer 8.50
Draftsman I 6.50
Draftsman II/Surveyor Rodman 6.00
Clerical 5.50
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
ending September 50, 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 hereinwill be changed accordingly.
(2) Other direct costs such as equipment, materials, supplies,
(etc.) related to this project are.incluhed in the calculations of
the budget sheets at estimated co'ts.
IV. Personnel~and Facilities
The Engineer warrants that theynow have or will secure at their own
expense, all personnel required to perform the services under this Agreement
within the required completion dates set forth {n 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 perform the engineering services contemplated under the
terms of this Agreement. Howe~er, if the Engineer is required to perform
services under this Agreement outside of the normal range and scope of
engineering services by the use o~ special consultants in other professional
fields (by way of example but not limited to professional land surveyors,
lawyers, accountants, archeologists, ornithologists and o~her 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 shall have an accounting system which accounts for
costs in accordance with generally accepted'.account:ing 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 6n 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.
Professional Engineering Services During Construction Phase -
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
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fixed fee amount 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. Preparation of Record Drawings - The fixed fee amount for
preparation of the reCOrd d~awings for each project shall be earned in
proportion to the percentage of 6ompletion of the drawings. The fee
.earned.shall he paid by the Owner to the Engineer in monthly payments in
· proportion to the percentage of completion of the record drawings.
E. ~reparat~o~ of Operation ~md Maintenance Manual - The fixed
fee amou~t for preparation of ~the. Operation and-Maintenance Manual shall
be earned in proportion to the percentage of completion of the manual~
The fee earned shallbe paid-by 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 sigaed 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 forthe 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 $300,000.00 per accident for bodily injury and
$SO,O00.OD 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 a~ount not less than
$1,000,000.00 (deductible permitted not in excess of $25,000.00)
providing for all 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 Agreement.
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Ail Insurance Policies shall be issued by companies authorized to
do business under the Laws of the State of Florida.
The Engineer shall furnish certificates to the Owne~, prior to the
commencementof operations, which certificates shall clearly indicate
that the Engineer has obtained insurance in the type, amount, and classifi-
cations' as required fer strict compliance with this Section and that no
material change or gancellationof the insurance shall be effective
without thirty~ (SO) 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
By
ATTEST:
RUSSELL ~ AXON, ENGINEERS-PLANNERS-
ARCHITECTS, INCORPORATED
APPROVED AS TO FORM:
By
Milton L. Hallman, Jr.
Vice President and
Southeast Florida Area Manager
City Attorney
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REQUIRED PROVISIONS
CONSULTING ENGINEERING AGREEMENTS
1. GENERAL
(a) The Owner and the Engineer agree thai Ihe following
prowsions shall apply to the work'lo be penCormed under this
agreement and that such provisions shall supersede
con flitting provisions of this agreemenL
th) This agra,.--men! is funded in part by a granl from lhe
U. S Environmerlta! Pfot~lion Agency. Neilher the Unile~
States nor the U. S. Environmental P~-olecllon Agency
(Eercmafier. "EPA") is a party 1o this agreemenL This
2. RESPONSIBILITY OF THE ENGINEER
(a) The Engineer shall be responsible for Ihe professional
qualily. 'technical accuracy, timely completion, and the
coordination of all designs, drawings, speeirscations~ repons,
and other serv~..es furmshed by the-Engineer under this
agreement. The Engineer shall, without additional
compensation, correct o~' revise any errors or deficiencies m
hss design~ drawioSs, specific·lions, reports and other
(b) The Engme~rr shall perform such professional serv:ces
as may be necessat7 lo accomplish the work required to be
performed under this agreement in accordance wilh this
agreement and ·ppi cab e EPA requ rements
(c) App~o.~l[ by the ~ or EPA. of drawings, designs,
spec~fica~ions~ reports, and incidenlal engineering work or
materials furmshed hereum~er_ shall not in any way relieve the
Engineer of resPonsibilily fo~ Ihe technical adequacy of the
work. Neither the Omner's nor EPA's review, approval or
acceptance of. nor payment for, any of the services shall be
construed 1o operate as · waiver of any righls under this
agreement or oi' any cause of ·trine arising out utr the
pe dorma~nce of Ibis agreement, and the Engineer shall be and
rernmn liable m accordance with applicable law for all
damages IO~ tee Chener tx EPA caused by the Engineer's
neghsenl~ performance of any of the ~ervices furnished under
~his agreement.
(d) The rights and remedies of the Owner provided for
node[ this agreement are ~n addition to any other rights and
remedies prowded by law.
3. SCOPE OF WORK
agreemenl, the services I0 b~ rendered by thc Engineer shall
accordance with applicable EPA regulations (40 C'F'R Part
35. Subparl E).
4. CHANOE$
5. TERMINATION
(a) This agreement may be terminated ~n whole or m part
(c) If I~mioafion f~ defaul{ is eff~t~ by the Owner,
for ~i~t~ profit pn un~ ~ or ~her work
r~nably incurr~ by the ~gio~r ~latiog lo ~milmenl~
whic~ ~d ~e firm pr~r to the te~ioat~n,
~.r.cmod,c~ pr.%'lded hy ]aw or unde~ ! hL~ agretmcot.
6. REMEDIES
7. PAYMENT
~ ad~qaale for the protectmn o[ the Owner, he may at his
(c) [Ipon satisfactory compl~ion by t~ ~Engm~ of thc
work ~al~ for uad~ the I~s of this agr~m, a~ u~n
ac~pm~ Of such work by the Owner ~he ~ngln~r w 1[ ~
~id th~ U~id ~la~ of any mo~ey duo for such work
(d) U~n?~tisfact~y compleliofl of the work ~fformcd
agr~ent. ~lher than such c~i~ ff any, ~x may ~
PROJECT DESIGN
(a) In the performance of this agreement, thc Engineer
shall, Io Ihe exlcnl praclicab~, provide for maximum usc ~ff
methods, and equipment which are readily available Ihrough
with 40 CFR 35.936-3 and 35.936-13t ex'cpi to the exlem
CFR 35 908.
(b) The Engineer shall not. in the performance of the work
called for by-this agreement, produce a d~sign or specification
which are known by lh~ Engin~r to be available only from a
sole source, unless such use'has been adequately juslif~d i~
writing by the Engineer as necessary for the minimum need5
oftbe pco~ect
(c) The Engtneer shall not. m the performance of the work
called for by thts agreement, produce a design or,pe~ifiCalm,
which would be f~slrictive m woJat~m of Sec. 204(aX61 cffthe
Federal-Water Pollution Cc~trnl Act (PL 92-500}. 1'h~
other than thm~ ba~l ujxm performance, unles~ ~uc~
9. AUD~; ACCESS TO RECORDS
10. PRICE REDUCTION FOR DEFECTIVE COST
OR PRI~ING DATA
(The provt~ions oFthts clause are re~m~ff by EPA only if
the amount of th~ agre~/rmnt ¢~ceeds $100.00~2 The Owner
(a) If the EPA Project Officer determines that any price.
11. SUBCONTRACTS
12. LABOR STANDARDS
(as defined by the Secretary of Labor}, the Engmeer agrees
{40 U.S.C 127-3 ~,/I;
In accordance with EPA pohcy a_n expressed in 40 CFR
30.42~-5, the Engineer agrees lhat he will not dtscnmlnate
against any employee or applicanl for employment because of
14. UTILIZATION OF SMALL AND
MINORITY BUSINESS
In accordance with EPA policy as expressed tn 40 CFR
35.936--7; the Engineer agrees that qualified small business
and minority businex~ enterprises shall have the maximum
15. COVENANT AGAINST CONTINGENT FEES
-16. GRATUITIES
la) Thc Owner may. by wriHen notice to Ihe Engineer.
17. PAT~NT~
la. COPYRIGHTS AND RIGHTS IN DATA
(a) The Engineer agrees that any plans, drawings,
operating manuals, or other "Subject Da{a" (as defined in
Appendix C to 40 CFR Parl ~0) are subject [o the rights m
the United States. as set forth in said Appendix C. including
as used in s~id Appendix C shall refer to the Engineer. If the
malc'~al iS copyrightable, the Engineer may copyright such.
a~ permitted by said Appendix C. and subj,:! to the rights in
the Government as scl roi'th in Append.;x C. bul {he Owner
COAT OR PRICE SUI~IJ, ARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
(S~e acconipany]n~ instrucf~ons before complel;n~ fhis form)
Form Approved
OMB No. 155-R0144
PARTI-GENERAL
CITY OF BOYNTON BEACh, FLORIDA
C-120496070
12/5/79
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
Russell ~ Axon, Engineers-Planners-Architects,
167 N. E. 2nd Avenue
Delray Beach, Florida 33444
Inc.
Preparation of Final Plans, Specifi-
cations, Contract Documents &
Tdpographic Surveys for San Castle
P.S. & F.M., Modifitations to P.S.
.iSA & F.M. 18A & P.S. RG1
PART II-COSl SUMMARY
HOURLY
ect Manager
ineer'
,Sr. Spec. Writer, Surveyor
Tech., Sr.. Draftsman
Clerical, Survey Rod Man
DIRECT LABOR TOTAL:
Befiefits & Overhead
INDIRECT COSTS TOTAL:
RATE
ESTI~ATRD TOTALS
COST
30.00 360.00
19.50 585.00
13.50 1350.00
10.O0 1600.00
8,50 1550.00
6.00 3300.00
570.00
TRANSPORTATION 2500 x 0.17 425
TRAVEL SUBTOTAL:
Reproduction & Printing
425
8OO
8OO
SUBCONTRACTS SUBTOTAL:
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL:
* Includes 5% salary increases during duration of project.
- ~ PART II1 -~RICE SUM~/,ARY
PART IV-CERTIFICATIONS
CONTRACTOR
H.S.E,P.A., Southe2m Audit Division [NOTE: Russell ~ Axon has requested EPA to
343 Courtland Street, N.E. audit Fiscal Yearc Mecords ending 9/30/79
Atlanta, Georgia 30308 to establish.current multiplier)
Audit #E2a~8-05-026-80368, .~mted 12/20/77 (last [udit)
.THIS SUMMARY CONFORMS WITH THE FOLLdWIU¢ COST PRINCIPLES
CFR-41-15.2 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 Best 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 fo~ the financial transactions under this project. I further certify that I u~derstand that the
subagreement price may be subject to downward renegotiation and/or recoupment where the shove cost and
pricing data have been determined, as a result of audit: not to have been compleX, current and accurate as
ofthe date above.
(3) 12/3/79
Vice President
I certif~ that I have reviewed the cost/price summa~ set forth herein and the proposed costs/price appear
acceptable for ~nb~greement award. :
INSTRUCTIONS
In completin~ this form. CAREFULLY READ AND FOLLOW ALL
INSTRUCTIONS. Many items are not-self-explanatory. Attach
.additional sheets if necessarX.
Use only the applicable podions of this for rF~
PART I - GENERAL
been executed).
Item 6 - Give a brief description of the work to be ~edormed under
PART Il - COST- SUMMARY
This podlon of the form is to be comp]eted by the contractor (or
his subcontractor) with whom a subagreement is proposed to be
executed, unless that subagreement is a tormahy advertised,
competitively bid, fixed price contract.
Nothing in the following discussions should be iolerpreted as
recommending the inclusion as direct costs any items normally
40 CFR 30.710 contains general cost principles applicable to
subagreements under EPA grants_ Pursuant to that section, all
subagreements awarded to profrt-making organizations are subject
to the cost principles of 41 CFR 1-15.2_ Archilect-engioeer and
construction contracts are subject also to 41 CFR ]-15.4.
Item 7 -- Direct Labor
approval of the grantee at the lime of ;ncurrenc~ If s*~n~ficant
Enter in block 7 the calegories of professional oF technical
the contract scope of services. Estimate man-hours for each
category and extend them by the wage rates to b& paid during the
actual performance .of the .work. Current rates, adjusted for
- .' projected increases, if any, should be used for the actual calegories
of labor contemplated. All projected increases should be supporfed
. by recent experience or established personnel policy.
'' Enter in the far right column the total estim~t ed direct labor cost.
Supporting records to be mainlained by the contractor and
which must be submiHed or made available to the grantee or EPA
upon request include:
a. The method of estimating proposed man-hDurs.
b. The computation lechnique used la arriving at proposed
labor rates.
Detailed rate computations which were used in computing
the information submi~ed on the form.
If in block ]4a, 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 aMached sheet.
Item 8 -- Ino~rect Costs
~' . tn th'~case o( mulILbranch f, rms. ]oint ventu~e$ or atlshale~, t't i$
~xp'ecY~ tha! overhe~d costs applicable ~o ~he specific local,on(a)
~here ~ork is W be pedormed ~HI be p~oposed. Company-~de.
]oi~ venture. ~ aHHia~e ra~e averages may not be appropriate. The
ra~e$ should be tailored ~o ~he ~ork Iocaffon$. The ob]ecffve fa ~o
T~ ~a~e proposed s~ould be b~sed on cos~ data Irom ~he most
recent Hscat periods upda~ed ~o reN~ changes ~n volu~e o~
Enter in bl~k 8 the indirecl cos$ p~ols normally used by t~e firm
lot allocat~n o~ indirect costs. Enter the indirect cost rate for each '"
pool and emend each one by the-rate base to which it appIi~ to
arrive at the estimated indirect costs to be incurred dudng the actual
pe~ormance ot the work. If the d~rect labor torsi from block 7 is not
used as ~ ~m rate bas~ for any of the indirect cost pools, the rate base
A brief ~rr~tive stalement o~lin~ng the firm's policies and
praclkes ~or accumulating indir~t costs and the meth~ used to
~omp~e the pro~sed rate or rates shall accompany the for~
ncl~de comment ~ the firm's ~l~cies regarding the pri~ng and
_osting of princlpal~ lime. The normal ~ccoun[~ng treatment of
Specialequipment
coStS
Item 11 - Profit
~ A fair and reasonable provision forprofit cannot be made by
simply applJ~'n~ a ce~ain predelercnined percentage to the total
estimated cost. Rather, profit will be estimated as a dollar amoun~
afler cons~derin~
_degreeofr~sk,
b_ nature of the work t~ be perTormed.
c. e~ent of Nrm 's investment.
and bad debts. Because the Government considers "profit" to be the
a hlgher proHt estimate than the Hrm~ ex~rienced proNt as
custo~ari~ co~puIes ~ ~e contractor may separaIe~ disclose
Inlet the dolJer amount of profit in block
Item 12-Total Price
Enter the tota) of item 10 and item 11.
PART I11 - PRICE SUMMARY
' This portion of the form ~s for t~e by a grantee when price
comparison (i.e..price ~naiysia} )s utilized in subagreernent review. It
may also be used by a contractor when price cornp~6$on is ~sed ~ a
PAR~ IV - CERTIFICATIONS
Item ~4 - Contractor - FOR USE BY CONTRACTOR OR
SUBCONTRACTOR ONLY
O)
(2)
Enter the date when the price negotiation~ were
conclqded and the contrac[ price was agreed to.
The respo~sibilit~ of the contractor is not limited
by the persona! knowledge of the contractor's
neEotiator if the contractor had information
reasonab!y available at the time of agreement,
showing that the negotiated price is not b~secf on
(3)
Enter the date of signature_ This date should be
-as close as practicable to the date when the price
~egotiations were concluded and the contract
price was agreed to (not to exceed 3 0 days).
m 15- Grantee Rev[ewer- FOR USE BY GRANTEE ONLY
.~[~m 16 - EPA Reviewer - FOR USE BY EPA ONLY