HomeMy WebLinkAbout142-84 RESOLUTION-0•0 -
RESOLUTION ND. 142-84
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT 10 THE CITY'S BASIC AGREEMENT
WITH CH2M HILL SOUTHEAST, INC., DATED JULY 20,
1983, INCLUDING TASK ORDER NO. 2, FOR IMPROVEMENTS
TO THE CITY'S WASTEWATER TREATMENT PLANT TO INCORPORATE
CONTRACT REQUIREMENTS IMPOSED BY THE ARKANSAS
DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVI'1E,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute an amendment to the City's basic agreement with CH2M Hill
Southeast, Inc., dated July 20, 1983, including Task Order No. 2,
for improvements to the City's Wastewater Treatment Plant to incorporate
contract requirements imposed by the Arkansas Department of Pollution
Control and Ecology. A copy of the amendment authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7th day of December , 1984.
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AGREEMENT TO FURNISH WASTEWATER ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
BASIC AGREEMENT
This Agreement made this 141. day of $ ,
between the firm of CH2M HILL Southeast, Inc , hereinafter
referred to as the ENGINEER, and the City of Fayetteville,
Arkansas, hereinafter referred to as the OWNER, wherein the
ENGINEER agrees to provide certain engineering services as
defined in Article 1 and for the consideration defined in
Article 2 herein. This Agreement amends the Basic Agreement
dated July 20, 1983.
ARTICLE 1
The OWNER, utilizing the Professional Contract Policy
(adopted April 21, 1981) for the selection of firms to
provide professional services, has selected the ENGINEER to
provide the necessary services to implement a wastewater
program to serve the City of Fayetteville. These services,
when requested by the OWNER, will be described in specific
Task Orders which become a part of this Agreement upon
execution. The ENGINEER agrees to perform the services
described in the Task Orders after execution by both parties
to the agreement.
The services provided by the ENGINEER are anticipated to
include Design Services (Task Order 1), Services During
Construction (Task Order 2), and Plant Operation and Mainte-
nance Services (Task Order 3). The ENGINEER guarantees that
the treatment facilities to be designed and constructed,
will consistently meet the applicable NPDES permit limits
for a period of two years following plant start-up, provided
Services During Construction (Task Order 2) and Plant
Operation and Maintenance Services (Task Order 3) are
provided to the OWNER by the ENGINEER. Services to be
provided under Task Order 2 shall include but shall not be
limited to:
1) Preparation of a Plan of Operation
2) Bid advertising and sale of plans and specifica-
tions at the Engineer's cost
3) Pre-bid conference assistance and follow-up
4) Bid evaluation/recommendation
5) Pre -construction meeting assistance
6) Shop drawing submitted review
7) COE/Regulatory coordination
8) Resident and field engineering services
9) Preparation of record drawings
10) Grant administration submittal
11) Preparation of Operation and Maintenance Manual
EXHIBIT ; A
12) Operation certification
The ENGINEER agrees tooprovide a draft of Task Order 3 to
the OWNER within 60 days following execution of Task Order 1
and to make every effort to conclude final negotiations
within 30 additional days. Task Order 3 will detail pro-
visions of the plant operation, guarantee, penalties,
compensation, and other provisions relative to this service.
ARTICLE 2
The compensation for services to be provided will be negoti-
ated and will be specified in each Task Order.
ARTICLE 3
Payment to the ENGINEER for services provided as described
in Article 1 is to be made within 15 days after date of
billing, the amount due will be for services rendered during
the previous month, unless prescribed differently in the
Task Order.
ARTICLE 4
It is further mutually agreed by the parties hereto:
4.1 That the OWNER will designate a representative to
direct and coordinate the ENGINEER's efforts who will
be the only source of instructions to the ENGINEER and
who shall have the authority to interpret the OWNER's
policy as necessary to maintain the ENGINEER's work
schedule, administer the Agreement, and certify the
ENGINEER's payment request.
4.2 That the OWNER shall make available to the ENGINEER all
technical data in the OWNER's possession, including
maps, surveys, borings, and other information required
by the ENGINEER and relating to his work.
4.3 That, the estimates of cost for the Projects provided
for herein are to be prepared by the ENGINEER through
exercise of his experience and judgment in applying
presently available cost data, but it is recognized
that the ENGINEER has no control over cost of labor and
materials conditions, so that he cannot warrant that
the project construction costs will not vary from his
cost estimates.
4.4 That, the ENGINEER's Salary Overheads are defined as a
percentage of wages or salaries of employees working
and premiums measured by or applicable at the time of
performance to such wages or salaries, such as, but not
limited to, Worker's Compensation Insurance, Social
Security, State and Federal unemployment insurance,
medical -hospital insurance, salary continuation insur-
ance, pension plan costs, and pro rata allowances for
vacation, sick pay, and holiday pay. Direct Salary
plus Salary Overhead is defined as Payroll Cost.
4.5 That, the ENGINEER's direct expenses are defined as the
costs incurred on or directly for the Project, other
than the Salary and General Overhead Costs (as defined
hereinbefore). Such direct expenses shall be computed
on the basis of actual purchase price for items ob-
tained from commercial sources and on the basis of
usual commercial charges for items provided by the
ENGINEER. Direct expenses shall include, but not be
limited to, necessary transportation costs, including
mileage at the.ENGINEER's current rate per mile when
the ENGINEER's own automobiles are used, meals, and
lodging, laboratory tests and analyses, computer
services, word processing services, telephone, print-
ing, binding, and multilith charges.
4.6 That, in soils investigation work and in determining
subsurface conditions for the Project, the characteris-
tics may vary greatly between successive test points
and sample intervals. The ENGINEER will perform this
work in accordance with generally accepted soils
engineering practices and makes no other warranties,
expressed or implied, as to the professional advice
provided under the terms of this Agreement.
4.7 That, if payment of the amount due as prescribed in
Article 2, or any portion thereof, is not made within
the period specified in Article 3, interest on the
unpaid balance thereof will accrue at the rate of 12
percent per annum and become due and payable at the
time said overdue payments are made.
4.8 That, the ENGINEER shall maintain a level of
compentency presently maintained by other practicing
professional engineers in the same type of work in the
southeastern United States, for the professional and
technical soundness and accuracy of all designs,
drawings, specifications, and other work and materials
furnished under this Agreement.
4.9 Either party may terminate this Agreement any time by a
notice in writing to the other party. If the Agreement
is terminated as provided herein, the ENGINEER will be
paid for services actually performed; the amount of
said payment shall bear the same ratio to the total
compensation specified in the executed task orders as
the services actually performed bear to the total
services of the ENGINEER covered by the executed task
orders, less payments of compensation previously made.
4.10 The OWNER may, from time to time, request changes in
the scope of the services of the ENGINEER to be per-
formed hereunder. Such changes, including any increase
or decrease in the amount of the ENGINEER's compen-
sation, which are mutually agreed upon by and between
the OWNER and the ENGINEER, shall be incorporated in
written amendments to this Agreement.
4.11 That, the OWNER, shall pay for all costs of publishing
advertisements for bids and for obtaining permits and
licenses that may be required by local, State, or
Federal authorities and shall secure the necessary
land, easements and rights-of-way as described by the
ENGINEER.
4.12 That, all claims, counter -claims, disputes and other
matters in question between the OWNER and the ENGINEER
arising out of or relating to this Agreement or in the
breach thereof will be decided by arbitration only if
both parties hereto specifically agree to the use of
arbitration in regard to the individual matter in
dispute.
4.13 That, in the event of any legal or other controversy
requiring the services of the ENGINEER in providing
expert testimony in connection with the Project, except
suits or claims by third parties against the OWNER
arising out of errors or omissions of the ENGINEER, the
OWNER shall pay the ENGINEER for services rendered in
regard to such legal or other controversy, on a basis
to be negotiated.
That, the OWNER will pay the ENGINEER for labor and
expenses incurred in satisfying the requirements and
assisting in any audit required by the OWNER, the
United States Environmental Protection Agency, the
Comptroller General, the United States Department of
Labor, the State Regulatory Agency or any of their duly
authorized representatives. The basis of payment will
be specified in an Amendment to this Agreement.
4.14 That, visits to the construction site and observations
made by the ENGINEER as part of his services shall not
relieve the construction contractor(s) of his
obligation to conduct comprehensive inspections of the
work sufficient to ensure conformance with the intent
of the Contract Documents, and shall not relieve the
construction contractor(s) of his fully responsibility
for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating
and completing all portions of the work under the
construction contract(s) and for all safety precautions
incidental thereto. Such visits by the ENGINEER are
not to be construed as part of the observation duties of
the onsite observation personnel defined in other parts
of this Agreement.
4.15 That, the ENGINEER shall provide onsite observation
personnel and will make reasonable efforts to guard the
OWNER against defects and deficiencies in the work of
the contractor(s) and to help determine if the con-
struction contract has been fulfilled. Their
day-to-day observation will not, however, cause the
ENGINEER to be responsible for those duties and respon-
sibilities which belong to theconstruction contrac-
tor(s) and which include, but are not limited to, full
responsibility for the techniques and sequences of
construction and the safety precautions incidental
thereto, and for performing the construction work in
accordance with the Contract Documents.
4.16 That the ENGINEER has the right to subcontract services
however the OWNER has the right to reject Subcontrac-
tors who perform work on the project in excess of
$50,000.
4.17 All documents including drawings, specifications,
estimates, field notes and other data pertaining to the
work or to the project shall become the property of the
OWNER. The OWNER shall not be restricted in the
subsequent use of the design, design documents or ideas
incorporated in the work. However, the ENGINEER shall
bear no responsibility for such reuse of the design.
unless specifically agreed to in writing.
4.18 That, this Agreement is to be binding on the heirs,
successors, and assigns of the parties hereto and is
not to be assigned by either party without first
obtaining the written consent of the other.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith sub-
scribe the same in triplicate.
FORCII�TTY�0j' FAYETTEVILLE, ARKANSAS
By :gC!X/(
(Name)
ATTEST:
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FOR CH2M HHILL SOUTHEAST, INC. 0,6 p
By: / me) /rte/ (Title)
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•
AMENDED TASK ORDER NUMBER 2
SERVICE DURING AND AFTER CONSTRUCTION
Task Order Number 2 amends the Basic Agreement executed
between CH2M HILL Southeast, Inc. (Engineer), and the City
of Fayetteville, Arkansas (Owner), on the 20th day of July,
1983.
1
ARTICLE 1
The wastewater program will be constructed using three
Construction Contracts that will require approximately three
years for total completion. An approximate schedule is
shown in Figure 1. The facilities to be constructed are
described in the 201 facilities Plan and more specifically
in the Detailed Plans and Specifications but in summary
include:
o An 11.4 MGD average daily flow biological phospho-
rus removal plant that will meet a permit limit of
5, 5, 2, 1 (BOD, total solids, ammonia nitrogen,
and phosphorus): Included with the treatment
plant is an effluent pump station and a 47 -acre
storage pond to store effluent or return off -spec
waste for reprocessing.
o A 670 -acre city -owned sludge application site with
a combination of sprinkler application, surface
spreading, and subsurface injection. This project
also includes a sludge force main, sludge storage,
and an equipment maintenance building.
o Collection system improvement that includes one
new pump station, upgrading four existing pump
stations, and approximately 60,000 linear feet of
interceptors and force mains.
The total estimated cost of the program is approximately
$28,000,000.
The engineering services to be provided are separated into
three distinct phases for each project: Bid Phase, Con-
struction Phase, and Post -Construction Phase. The Bid Phase
will occur at three separate times under the current con-
struction schedule. This Contract assumes that the project
moves from one phase to another and begins approximately as
scheduled. Significant departure from this assumption is
cause for Contract scope and fee amendment. Payment for any
services requiring a change of work scope will be made in
accordance with Article 2 to this Agreement.
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SLUDGE DIGESTION
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LIQUID TREATMENT
AWARD CONTRACT
COMPLETE PROJECT
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SCHEDULE FOR PROJECT CONSTRUCTION BY QUARTER
A detailed description of the services to be provided is
shown along with budget financial information in Appendix A.
Services specifically excluded from the scope of work, but
that may be required include:
1. Pilot plant planning, design, operation and
report.
2 Survey work other than to establish the base line
and to field locate the digested sludge force main
and electrical transmission line.
3. Bid protests and disputes.
4. Extensions of time for project completion beyond
the time described in Appendix A.
5. User charge studies, rate studies, or any related
financial services during the Bid and Construction
Phases.
6. Materials testing.
ARTICLE 2
As consideration for providing the services enumerated in
Article 1 above, the Owner shall pay the Engineer in accor-
dance with the lump sum schedule shown below for labor and
expense:
Phase Compensation
Bid Phase
Construction Phase
Post -Construction Phase
Total Project
$ 83,613.
$1,831,531
$ 134,717
$2,049,861
Payment for services outside of the scope of work herein
described shall be on the basis of raw labor cost plus 162%
for overhead plus 15% for profit plus all project related
direct expenses.
Additional services to be provided must be agreed to in
writing by the Engineer and the OWNER. Payment for these
services are as described in Article 3.
ARTICLE 3
Payment to the Engineer for services provided as described
in Article 1 and Appendix A is due to be made within 30 days
after date of billing, the amount due will be for services
•
rendered during the previous month based on percentage of
completion. It should be recognized by the Owner that all
costs provided for under this Contract are not Grant reim-
bursable Costs such as interest on unpaid invoices (4.7),
services provided under Article 4.13, and ADPC&E unapproved
scope adjustment (4.10) are examples of such nonreimbursable
costs.
ARTICLE 4
4.1 - The Engineer, in preparing his monthly invoice for
submittal to the Owner and later to ADPC&E, (in
addition to those included in Master Agreement) will
delineate grant eligible and ineligible costs.
4.2 - The provisions of EPA 40. CFR 33.1030Y,__which is attached
to this Agreement, are hereby made a part of this
Agreement.
4.3 - The Engineer agrees to amend the scope of services and
compensation following eligibility review by ADPC&E.
Such amended scope will be developed by negotiation
and mutual agreement.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith sub-
scribe the same in triplicate.
FOR THE CITY OF FAYETTEVILLE ARKANSAS
By:
FOR CH2M HILL SOUTHEAST, INC.
By:
!�
me) (Title)
Dated this .3v day of 1984
ATTEST:
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3h/CGT/008
111:2440 FEDERAL REGULATIONS
Labor regulations (29 CFR Part 3). This
Act provides that each contractor or
subcontractor shall be prohibited from
inducing, by any means, any person
employed in the construction,
completion. or repair of public work, to
give up any part of the compensation to
which he is otherwise entitled. The
recipient shall report all suspected or
reported violations to EPA.
§ 33.1020 Minimum wage clause.
When required by the EPA assistance -
program legislation, all construction (as
defined by the Secretary of Labor)
subagreements in excess of S2,000
awarded by recipients and any lower
tier shall include a provision for
compliance with the Davis -Bacon Act
(40 U.S.C. 276a to a-7) as supplemented
by Department of Labor regulations (29
CFR Part 5). Under this Act contractors
are required to pay wages to laborers
and mechanics at a rate not less than
the minimum wages specified in a wage
determination made by the Secretary of
Labor. In addition, contractors shall be
required to pay wages not less often
than once a week. The recipient shall
place a copy of the current prevailing
wage determination issued by the
Department of Labor in each solicitation
and the award of a subagreement shall
be conditioned upon the acceptance of
the wage determination. The recipient
shall report all suspected or reported
violations to EPA.
§ 33.1021 Work hours and safety
standards clause.
All subagreements in excess of S2,000
for construction contracts (as defined by
the Secretary of Labor) and in excess of
$2,500 for other subagreements which
involve the employment of mechanics or
laborers shall include a provision for
compliance with section 103 and 107 of
the Contract Work Flours and Safety
Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor
regulations (29 CFR Part 5). Under
section 103 of the Act, each contractor
shall be required to compute the wages
of every mechanic and laborer on the
basis of a standard workday of 8 hours
and a standard workweek of 40 hours.
Work in excess of the standard workday
or workweek is permissible provided
that the worker is compensated at a rate
of not less than one and one half times
the basic rate of pay for all hours
worked in excess of 8 hours in any
calendar day or 40 hours in the
workweek. Section 107 of the Act is
applicable to construction work and
provides that no laborer or mechanic
shall be required to work in
surroundings or under working
conditions which are unsanitary.
hazardous, or dangerous to his health
and safety as determined under
construction. safety, and health
standards promulgated by the Secretary
of Labor. These requirements do not
apply to the purchases of supplies or
materials or articles ordinarily available
on the open market. or contracts for
transportation or tramsmission of
intelligence.
§ 33.1022 Patents, data, and copyrights
clause.
Subagreements shall include notice of
EPA requirements and regulations
pertaining to reporting and patent rights
under any subagreement involving
research, developmental, experimental
or demonstration work with respect to
any'discovery or invention which arises
or 's developed in the course of or under
such subagreement and of EPA
requirements and regulations pertaining
to copyrights and rights in data
contained in 40 CFR Part 30.
§ 33.1023 Violating facilities clause.
Subagreements in excess of S100.000
shall contain a provision which requires
contractor compliance with all
applicable standards, orders, or
requirements issued under section 306 of
the Clean Air Act (42 U,S.C. 1857(h)),
section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and
EPA regulations (40 CFR Part 15) which
prohibit the awarding of nonexempt
Federal contracts, grants, or loans to
facilities included on the EPA List of
Violating Facilities. The provision shall
require contractors to report violations
to the EPA. .
§ 33.1024 Energy efficiency clause.
Subagreements shall follow
mandatory standards and policies on
energy efficiency which are contained in
the State energy conservation plan
issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-
163).
§ 33.1030 Model subagreement clauses.
(a) Recipients must include, when
appropriate, the following fourteen
clauses or their equivalent in each
subagreement.
(b) Recipients may substitute other
terms for "recipient" and "contractor" in
their subagreements.
1. Supersession
The recipient and the contractor agree that
this and other appropriate clauses in 40 CFR
33.1030 or their equivalent apply to the EPA
grant -eligible work to be performed under
this subagreement and That these clauses
supersede any conflicting provisions of this
subagreement.
Environment Reporter
•
2. Privity of Subagreement
This subagreement is expected to be
funded in part with funds from the U.S.
Environmental Protection Agency. Neither
the United States nor any of its departments.
agencies. or employees is or will be a party to
this subagreement or any lower tier
subagreement. This subagreement is to be
subject to regulation contained in 40 CFR
Pert 33 in effect on the date of the assistance
award for this project.
3. Changes
(a) This clause iv paragraph (al applies
only to subagreements for construction.
(1) The recipient may. at any time. without
notice to any surety. by written order
designated or indicated to be a change order.
make any change in the work within the
general scope of the subagreement, including
but not limited to changes:
(i) In the specifications (including drawings
and designs);
(ii]in the time. method. or manner of
performance of the work;
(iii) In the recipient -furnished facilities.
equipment. materials. services. or site; or
(iv) Directing acceleration in the
performance of the work.
(2) A change order shall also be any other
written or oral order (including direction.
instruction. interpretation or determination)
from the recipient. which causes any change.
provided the contractor gives the recipient
written notice stating the date,
circumstances. and source of the order and
that the contractor regards the order as a
change order.
(3) Except as provided in this clause. no
order, statement. or conduct of the recipient
shall be treated as a change under this clause
or entitle the contractor to an equitable
adjustment.
(4) If any change under this clause causes
an increase or decrease in the contractor's
cost or the time required to perform any part
of the work under this contract, whether or
not changed by any order. an equitable
adjustment shall be made and the
subagreement modified in writing and. except
for claims based on defective specifications.
no claim for any change under paragraph
a)(2) above shall be allowed for any costs
ncurred more than 20 days before the
contractor gives written notice as required in
paragraph (a)(2). In the case of defective
specifications for which the recipient is
responsible. the equitable adjustment shall
include any increased cost reasonably
incurred by the contractor in attempting to
comply with those defective specifications,
(5) If the contractor intends to assert a
claim for an equitable adjustment under this
clause, he must. within 30 days after receipt
of a written change order under paragraph (1)
of this change clause or the furnishing of a
written notice under paragraph (2) of this
clause, submit to the recipient a written
statement setting forth the general nature and
monetary extent of such claim. The recipient
may extend the 30 -day period. The statement
of claim may be included in the notice under
paragraph (2] of this change clause.
(6) No claim by the Contractor for an
equitable adjustment shall be allowed if
52
[Sec. 33.1030(b)]
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EPA GRANTS 111:2441
made after final payment under this
subagreement.
(b) The clause in this paragraph applies
only to subagreements for services.
(1) The recipient may. at any time. by
written order. make changes within the
general scope of this agreement in the
services or work to be performed. If such
changes.cause an increase or decrease in the
contractor's cost or time required to perform
any services under this agreement. whether
or not changed by any order. an equitable
adjustment shall be made and this agreement
shall be modified in waiting. The contractor
must assert any claim for adjustment under
this clause in writing within 30 days from the
date of receipt by the contractor of the
notification of change unless the recipient
grants additional time before the date of final
payment.
(2) No services for which an additional .
compensation will be charged by the
contractor shall be furnished without the
written authorization of the recipient.
(c) This mouse in paragraph (cl applies
only to scbcgreemen!s for sapplies.
11) The recipient may at any time. by a
written order. and without notice to the
sureties, make changes. within the general
scope of this subagreement. in any one or
more of the following:
(i) Drawings. designs. or specifications.
where the supplies to be furnished are to be
specially manufactured for the recipient;
(ii) method of shipment or parking: and
(iii) place of delivery.
(2) If any change causes an increase or
decrease in the cost or the time required to
perform any part of the work under this
subagreement. whether or not changed by
any such order. an equitable adjustment shall
be made in the subagreement price or
delivery schedule, or both. and the
subagreement shall be modified in writing.
Any claim by the contractor for adjustment
under this clause must be asserted within 30
days from the date of receipt by the
contractor of the notification of change. If the
recipient decides that the facts justify such
action. the recipient may receive and act
upon any such claim asserted at any time
before final payment under this
subagreement. Where the cost of property
made obsolete or excess as a result of a
change is included in the contractors claim
for adjustment, the recipient shall have the
right to prescribe the manner of disposition of
such property. Nothing in this clause shall
excuse the contractor from proceeding with
the subagreement as changed.
4. Differing Site Conditions
(This clause is applicable only to
construction subagreements./ •
(a) The contractor shall promptly, and
before such conditions are disturbed, notify
the recipient in writing of:
(1] subsurface or latent physical conditions
at the site differing materially from those
indicated in this subagreement. or
(2) unknown physical conditions at the site.
of an unusual nature. differing materially
from those ordinarily encountered and
generally rece nized as inhering in work of
the character provided for in this
subagreement. The recipient shall promptly
11-25-83
Published by T
investigate the conditions, and if it finds that
conditions materially differ and will cause an
increase or decrease in the contractor's cost
or the time required to perform any part of
the work under this subagreement, whether
or not changed as a result of such conditions,
an equitable adjustment shall be made and
the subagreement modified in writing.
(b] No claim of the contractor under this
clause shall be allowed unless the contractor
has given the notice required in paragraph (a)
of this clause. However. the recipient may
extend the time prescribed in paragraph (a).
(cl No claim by the contractor for an
equitable adjustment shall be allowed if
asserted after final payment under this
subagreement.
5. Suspension of Work
(This clause is applicable only to
construction subagreements.)
(a) The recipient may order the contractor
in writing to suspend. delay. or interrupt all
or any part of the work far such period of
time as the recipient may determine to be
appropriate for the convenience of the.
recipient.
(b) If the performance of all or any part of
the work is suspended. delayed, or
interrupted for an unreasorable period of
time by an act of the recipient in
administration of this subagreement. or by
the recipient's failure to act within the time
specified in this subagreement (or if no time
is specified. within a reasonable time), an
adjustment shall be made for any increase in
the cost of performance of this subagreement
(excluding profit) necessarily caused by such
unreasonable suspension, delay. or
interruption and the contract modified in
writing. However. no adjustment shall be
made under this clause far any suspension,
delay. or interruption to the extent (1) that
performance would have been so suspended.
delayed, or interrupted by any other cause,
including the fault or negligence of the
contractor or (2) for which an equitable
adjustment is provided for or excluded under
any other provision of this subagreement.
(c) No claim under this clause shall be
allowed (1) for any costs incurred more than
20 days before the contractor notified the
recipient in writing of the act or failure to act
involved (this requirement does not apply to
a claim resulting from a suspension order).
and (2) unless the claim. in an amount stated,
is asserted in writing as soon as practicable
after the termination of such suspension.
delay, or interruption. but not later than the
date of final payment under the
subagreement.
6. Termination
(a) This subagreement may be terminated
in whole or in part in writing by either party
in the event of substantial failure by the other
party to fulfill its obligations under this
subagreement through no fault of the
terminating party, provided that no
termination may be effected unless the other
party is given (1) not less than ten (10)
calendar days' written notice (delivered by
certified mail, return receipt requested) of
intent to terminate and (2) an opportunity for
consultation with the terminating party prior
to termination.
HE BUREAU OF NATIONAL AFFAIRS INC.. Washingto
(b This subagreement may be terminated
in whole or in part in writing by the recipient
for i s convenience. provided that the
contractor is given (1) not less than ten (10)
calendar days' written notice (delivered by
certified mail, return receipt requested) of . _
intent to terminate and (2) an opportunity for
consultation with the terminating party prior
to termination.
(c) If termination for default is effected by
the recipient. an equitable adjustment in the
price provided for in this subagreement shall
be made. but (1) no amount shall be allowed
for anticipated profit on unperformed
services or other work. and (21 any payment
due to the contractor at the time of
termination may be adjusted to cover any
additional casts to the recipient because of
the contractor's default. If termination for
default is effected by the contractor. or if
termination for convenience is effected by the
recipient, the equitable adjustment shall
include a reasonable profit far services or
other work performed. The equitable
adjustment for any termination shall provide
for payment to the contractor for services
rendered and expenses incurred prior to the
termination.. in addition to termination
settlement costs reasonably incurred by the
contractor relating to commitments which
had become firm prior to the termination.
(d) Upon receipt of a termination action
pursuant to paragraphs (a) or (b) above. the
contractor shall (1) promptly discontinue all
services affected (unless the notice directs
otherwise), and (2) deliver or otherwise make
available to the recipient ail data. drawings,
specifications. reports, estimates. summaries.
and such other information and materials as
may have been accumulated by the
contractor in performing this subagreement.
whether completed or in process.
(e) Upon termination under paragraphs (a)
or (b) above. the recipient may take over the
work and may award another party of
subagreement to complete the work under
this subment.
(f) If. atteragreeto urination for failure of the
contractor to fulfill contractual obligations. it
is determined that the contractor had not
failed to fulfill contractual obligations. the
termination shall be deemed to have been for
the convenience of the recipient. In such ,
event, adjustment of the price provided for in
this subagreement shall be made as provided
in paragraph (c) of this clause.
7. Remedies
Except as may be otherwise provided in
this subagreement, all claims. counter -claims,
disputes, and other matters in question
between the recipient and the contractor
arising out of or relating to this subagreement
or the breach thereof will be decided by
arbitration if the parties mutually agree. or in
a court of competent jurisdiction within the
State in which the recipient -is located.
0. Price Reduction for Defective Cost or
Pricing Data
Note.—This clause is applicable to Many
subagreement negotiated between the
recipient and its contractor in excess of
3500.000: (27 negotiated subagreement
amendments or change orders in excess of
$500,000 or 30 percent of the subagreement
[Sec. 33.1030(b)
n. D.C. 20037 53
til
111:2442
FEDERAL REGULATIONS
whichever is less. affecting me the price 010
formally advertised. campetitr vely oerordPi/.
fr cd price subagreement: ur /JI ally lower
tier snbugree:nent or purchae order r:i
excess uJ SJ00.000 or 10 percent u`thc
ussistouce agreement, whichever is less.
under a subagreement other than a .formally
advertised. competitively owarded. fixed
price subagreement. This clause is not
applicable for subagreements to the extent
that they ore awarded an the basis of
effective price competition.
The contractor and subcontractor, where
appropriate, warrant that cost and pricing
data submitted for evaluation with respect to
negotiation of prices for negotiated
subagreements, lower tier subagreernents.
and change orders is based on current.
accurate, and complete data supported by
their books and records. If the recipient or
EPA determines That any price (including
profit) negotiated in connection with this
subagreement. any lower tier subagreement.
or any amendment thereunder was increased
by arty significant sums because the data
provided was incomplete. inaccurate. or not
'current at the time of submission. then such
price or cost or profit shall be reduced
accordingly; and the subagreement shall be
modified in writing to reflect such action.
Note.—Since the subagreement is subject
to reducton under this clause by reason of
defective cost or pricing data submitted in
connection with lower tier subagreements,
the contractor may wish to include a clause
in each lower tier subagreement requiring (he
lower tier subcontractor to appropriately
indemnify the contractor. It is also expected
that any lower tier subcontractor subject 10
such indemnification will generally require
substantially similar indemnification for
defective cost or pricing data required to be
submitted by lower tier contractors.
9. Audit; Access to Records
(a) The contractor shall maintain books,
records. documents. and other evidence
directly pertinent to performance on EPA
grant work under this subagreement in
accordance with generally accepted
accounting principles and practices
consistently applied. and 40 CFR Part 30, in
effect on the date of execution of this
subagreement. The contractor shall also
maintain the financial information and data
used by the contractor in the preparation or
support of the cost submission required under
40 CFR 33.290 for any negotiated
subagreement or change order and a copy of
the cost summary submitted to the recipient.
The United States Environmental Protection
Agency. the Comptroller General of the
United States. the United States Department
of Labor, recipient. and (the State( or any of
their authorized representatives shall have
access to all such books, records. documents.
and other evidence for the purpose of
inspection, audit and copying during normal
business hours. The contractor will provide
proper facilities for such access and
inspection.
(b) 1f this is a formally advertised.
competitively awarded. fixed price
subagreement, the contractor agrees to make
paragrnphs (a) through (f) of this clause
applicable to all negotiated change orders
and subagreement amendments affecting the
subagreement price. In the case of all other
types of prime subagreernents. the contractor
agrees to include paragraphs (a) through (f) of
this clause in alt his subagreements in excess
of 510.000 and all lower tier subagreements in
excess of 510.000 and to make paragraphs (a)
through (f) of this clause applicable to all
change orders directly related to project
performance.
(c) Audits conducted under this provision
shall be in accordance with generally
accepted auditing standards and established
procedures and guidelines of the reviewing or
audit agency(ies).
Id) The contractor agrees to disclose all
information and reports resulting from access
to records under paragraphs (a) and (bl of
this clause, to any of the agencies referred to
in paragraph (a). -
(e) Records under paragraphs (a) and (b)
above, shall be maintained and made
available during performance on EPA
assisted work under this subagreement and
until three years from the date of final EPA
payment for the project. In addition. those
records which relate to any controversy
arising under an EPA assistance agreement.
to litigation. to the settlement of claims
arising out of such performance. or to costs or
items to which an audit exception has been
taken. shall be maintained and made
available until three years after the dale of
resolution of such appeal. litigation. claim. or
exception.
(f) This right of access clause (with respect
to financial records) applies to:
(1) Negotiated prime subagreements.
(2) Negotiated change orders or
subagreement amendments in excess of
$70.000 affecting the price of any formally
advertised, competitively awarded. fixed
price subagreement. and
(3) Suhagreements or purchase orders
under any subagreement other than a
formally advertised. competitively awarded,
fixed price subagreement. However. this right
of access does not apply to a prime
subagreement. lower tier subagreement. or
purchase order awarded aper effective price
competition. except:
(i) With respect to records pertaining
directly to subagreement performance.
(excluding any financial records of the
contractor,)
(ii) If there is any indication that fraud.
gross abuse. or corrupt practices may be
involved or
(iii) if the subagreement is terminated for
default or for convenience.
10. Covenant Against Contingent Fees
The contractor warrants that no person or
selling agency has been employed or retained
to solicit or secure this subagreement upon an
agreement or understanding for a
commission, percentage, brokerage. or
contingent fee. excepting bona fide
employees or bona fide established
commercial or selling agencies maintained by
the contractor for the purpose of securing
business. For breach or violation of this
warranty the recipient shall have the right to
annul this agreement without liability or in its
discretion to deduct from the contract price
or consideration, or otherwise recover. the
Environment Reporter
full amount of such commission. percentage.
brokerage. or contingent fee.
11. Gratuities
(a) 1f the recipient finds after a notice and
hearing that the contractor. or any of the
contractor's agents or representatives.
offered or gave gratuities (in the form of
entertainment, gifts, or otherwise). to any
official, employee. or agent of the recipient.
the State. or EPA in an attempt to secure a
subagreement or favorable treatment in
awarding. amending. or making any
determinations related to the performance of
this agreement. the recipient may. by written
notice to the contractor. terminale this
agreement. The recipient may also pursue
other rights and remedies that the law or this
agreement provides. However. the existence
o the facts on which the recipient bases such
findings shall be in issue and may be
reviewed in proceedings under the Remedies
clause of this agreement.
(b) In the event this subagreement is
terminated as provided in paragraph (a) the
recipient may pursue the same remedies
against the contractor as it could pursue in
the event of a breach of the subagreement by
the contractor. and (2) as a penalty, in
addition to any other damages to which it
may be entitled by law, to exemplary
damages in an amount (as determined by the
recipient) which shall be not less than three
nor more than ten times the costs the
contractor incurs in providing any such
gratuities to any such officer or employee.
12. Buy American
(This clause applies to subagreements
awarded under 40 CFR Part 35, Subparts E
and L)
In accordance with section 215 of the Clean
Water Act (33 USC 1251 et. seq.) and
implementing EPA regulations and guidelines.
the contractor agrees that preference will be
given to domestic construction material by
the contractor, subcontractors, materialmen.
and suppliers in the performance of this
subagreement.
13. Responsibility of the Contractor
(a) This clause in paragraph (a) applies to
all subagreements for services.
11) The contractor is responsible for the
professional quality, technical accuracy.'
timely completion, and the coordination of all
designs. drawings, specifications, reports,
and other services furnished by the
contractor under this agreement. The
contractor shall. without additional
compensation. correct or revise any errors.
omissions. or other deficiencies in his
designs. drawings, specifications, reports.
and other services.
(2) The contractor shall perform the
professional services necessary to
accomplish the work required to be
performed under this agreement. In
accordance with this agreement and
applicable EPA requirements in effect on the
date of execution of the assistance agreemenl
for this project.
(3) The owner's or EPA's approval of
drawings, designs, specifications, reports,
and incidental work or materials furnished
hereunder shall not in any way relieve the
54
(Soc. 33.10301b11
C
c
ay
S-676
EPA GRANTS 111:2443
contractor of responsibility for the technical
adequacy of his work. Neither the owner's
nor EPA's review, approval, acceptance. or
payment far any of !he services shall be
construed as a waiver of any rights under this
agreement or of any cause of action arising
out of the performance of this agreement.
(4I The contractor shall be and shall
remain liable. in accordance with applicable
law. for all damages to the owner or EPA
caused by the contractor's negligent
performance of any of the services furnished
under this agreement except for errors.
omissions or other deficiencies to the extent
attributable to the owner. owner -furnished
data. ur any Third party: The contractor shall
not be responsible for any time delays in the
project caused by circumstances beyond the
contractor's control.
(5) The contractor's obligations under this
clause are in addition to the contractor's
other express or implied warranties under
this agreement or State law and in no way
diminish any other rights that the owner may
have against the contractor for faulty
materials. equipment or work.
(b) The clause in paragraph (b) applies
only to subogrcements for construction.
(1) The contractor agrees to perfomt all
work under this agreement in accordance
with this agreement's designs. drawings, and
specifications.
(2) The contractor warrants and guarantees
for a period of one (1) year from the date of
substantial completion of the system that the
completed system is free from all defects due
to faulty materials. equipment or
workmanship: and the contractor shall
promptly make whatever adjustments or
corrections necessary to cure such defects.
including repairs of any damage to other
parts of the system resulting from such
defects. The owner shall give notice to the
contractor of observed defects with
reasonable promptness. In the event that the
contractor fails to make adjustments. repairs,
corrections or other work that may be made
necessary by such defect. the owner may do
su and charge the contractor the cost
incurred. The performance bond shall remain
in Full force and effect through the guarantee
period.
(3) The contractor's obligations under this
clause are in addition to the contractors
other express or implied warranties under
This agreement or State law and in no way
diminish any other rights that the owner may
haw. Huainst the contractor for faulty
materials. equipment. or work.
14. Final Payment
Upon satisfactory completion of the work
performed under this agreement. as a
condition before final payment under this
agreement, or as a termination settlement
under thisagreement. the contractor shall
execute and deliver to the owner a release of
all claims against the owner arising under or
by virtue of this agreement. except claims
which are specifically exempted by the
contractor to be set forth therein. Unless
otherwise provided in this agreement nr by
State law or otherwise expressly agreed to by
the parties to this agreement. final payment
under this agreement or settlement upon
termination of this agreement shall not
constitute a waiver of the owner's claims
against the contractor nr his sureties under
this agreement or applicable performance
and payment bonds.
Subpart G—Protests
§ 33.1105 Applicability and scope of this •
subpart.
(a) This subpart sets forth the
administrative process that EPA will use
for the rapid resolution of protest
appeals filed with the award official.
(b) A protest is a written complaint
concerning the award of a recipient's
subagreement filed with the recipient by
a party with a direct financial interest
adversely affected by a recipient's
procurement action.
(c) A protest appeal is a complaint
filed with the award official regarding
the recipient's determination of protest.
§ 33.1110 Limitations on protest appeals.
(a) The award official shall not accept
a protest appeal from a recipient's
determination of protest until the
protester has exhausted all
administrative remedies at the recipient
level.
(b) A protest appeal may only be filed
with the award official for:
(1) Issues arising under the
procurement provisions of this Part:
(2) Alleged violations of State or local
law or ordinances and when the award
official determines that there is a
contravening Federal requirement;
(3) Provisions of Federal regulations
applicable to direct Federal contracts. if
such provisions are explicitly referred to
or incorporated in this Part;
(4) Basic project design
determinations which clearly relate to
questions of source selection or
application of restrictive specifications:
or
(5) Award of lower tier -
subagreements:
(i) If the recipient mandated the
award to a particular entity; or
(ii) If it were based on a violation of
the requirements in § 33.295 "Lower tier
subagreements.'
§ 33.1115 General requirements.
(a) Any party with an adversely
affected direct financial interest may file
a written protest appeal with the award
official in accordance with this subpart.
(b) The recipient is responsible for the
prompt initial determination of the
protest.
(c) The award official may summarily
dismiss an appeal without proceedings
under this subpart. if the protest or
appeal is untimely or entirely addresses
issues which are beyond the scope of
this subpart. or the protester fails to
comply with the intent of the procedural
requirements of this subpart.
(d) The award official may summarily
deny a protest appeal. without
proceedings under this subpart. if. after
considering the facts in a light must
favorable to the protester. the award
official believes that the protest lacks
merit.
§ 33.1120 Filing requirements for protest
appeals.
(a) A protest appeal to the award
official must be in writing and must
adequately state the basis for the
protest appeal. Appeals must be
received by the award official within
one week after the complaining party
has received the recipient's
determination of protest. if the last day
falls on a Saturday. Sunday or holiday,
the last day to submit a request shall be
the next working day. A copy of the
recipient's determination of protest and
other documentation in support of the
appeal shall be transmitted with the
appeal.
(b) The award official will dismiss as
untimely any protest appeals based
upon alleged improprieties in the
solicitation which were apparent before
[Sec. 33.1120(b)]
11-25-83 Published by THE BUREAU OF NATIONAL AFFAIRS INC.. Washington. D.C. 20037
55
•
•
APPENDIX A
WORK SCOPE AND BUDGET
•
The engineering services will be provided by CH2M HILL to
the City of Fayetteville. McClelland Consulting Engineers
will provide, under subcontract to CH2M HILL, a significant
part of the total services provided. Figure 2 illustrates a
simplified project organization structure illustrating the
project team approach of the two firms. McClelland will
have primary responsibility for the Collection Improvement
Project as they had a principal role in the design, and a
support role to improve project efficiency and
cost-effectiveness.
BID PHASE
The Bid Phase services will be provided three separate
times, once for each construction project. The total
calendar time required to provide Bid Phase services is
approximately 120 days. Bids will be received 45 days from
the first date of the three weekly advertisements. Approxi-
mately three weeks will be required to analyze bids, recom-
mend awards, accept the bid awards, and submit the required
information package to ADPC&E for approval. Forty-five days
is anticipated to receive the needed approvals and 14 days
needed to prepare contracts and issue a Notice to Proceed.
The time schedule, work scope, and budget assumes that a bid
protest does not occur.
The specific Tasks to be performed are shown below. Table 1
shows the anticipated mandays of various labor categories
for the Engineer and McClelland.
1. Prepare and Place Advertisements
2. Communicate with Prospective Bidders
3. Prebid Conferences
4. Technical Interpretations
5. Preparation of Addenda
6. Bid Openings
7. Analysis of Bids - Recommend Awards
8. Grant Administration
9 Prepare Contracts
10. Notices to Proceed
Construction Phase
The specific services/tasks to be provided during this phase
of the project are shown below:
1. Project Management
2. Preconstruction Conferences
Y OF FAYETTEVILLE
CH2M HILL
PRINCIPAL -IN -CHARGE
CH2M HILL
PROJECT MANAGER
PROJECT CONSULTANTS
CH2M HILL/McCLELLAND
CH2M HILL
LEAD ENGINEERS
McCLELLAND
PROJECT MANAGER
CH2M HILL
ENGINEERS
U
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RESIDENT ENGINEER
FIGURE 2; PROJECT ORGANIZATION
•
•
3. Final Plan of Operation
4. Coordination of Resident Staff
5. Client Meetings
6. Change Order Preparation
7. Shop Drawing Submittal Tracking
8 Shop Drawing Review
9. Survey to Locate Sludge Pipeline and Electrical
Transmission Routings
10. Review of Payment Estimates
11. Prepare Monthly Status Reports
12. Claims Management
13. Periodic Site Visits
14. Factory Witness and Field Tests
15. Final Inspections - Punch List
16. Grant Administration
17. Project Closeout
18. Resident Observation
19. Record Drawing
20. Draft and Final Operations and Maintenance Manual
21. Start-up Services
A brief narrative of the services to be provided follows.
There will be three separate Construction Contracts as
previously described. The total time of construction is
budgeted to be three years thus project management will be
provided for the entire period. There will be three sepa-
rate preconstruction conferences as the projects will not be
initiated at the same time. A one -day meeting to discuss
the project requirements will be held along with a visit to
the site to review specifics with the contractors.
The Final Plan of Operation will be prepared and submitted
to ADPC&E prior to requesting 50% of the grant funds.
Coordination of resident staff will be ongoing but this
activity includes responding to questions raised by the
contractors', superintendent, interpretation of the plans
and specifications, and review of the reports prepared by
the resident observers.
Client meetings are scheduled to occur each month to review
progress on the construction and to respond to questions on
the written project status reports. These reports will be
also presented to ADPC&E along with the monthly grant
payment request.
A budget to manage and process contract change orders has
been included based upon the complexity of the project and
the Engineer's experience on similar projects. In a similar
manner, a budget has been established to manage potential
contractor claims. This activity is an active ongoing
review and response to potential claims that Contractors
might make and is designed to minimize or prevent formal
claims from being submitted. When formal claims are made,
this effort will provide the Owner with documentation that
will be useful in assessing the validity of claims.
The timely but careful review of shop drawings is essential
to a successful construction project. Hundreds of shop
drawings are anticipated to be submitted with approximately
50% of the original submittals anticipated to require
multiple reviews. Tracking of the status of shop drawing
submittals is essential to maintain prompt review and
response to the contractors. A total of 450 plan sheets and
more than 3000 pages of technical specifications have been
developed for the three projects. The budget shown repre-
sents the mandays of effort for lead engineers in all of the
required review disciplines and represents historical
requirements for projects of similar size and complexity.
The Engineer will review the monthly pay requests submitted
by the Contractor's as to accuracy. Upon approval by the
Engineer, the pay requests will be made a part of the grant
payment request package to be submitted to ADPC&E each
month. This package will be prepared for the Owner's
approval and execution.
The project manager will visit the construction site at
least two times each month to review construction progress
with the resident engineer and contractors. One visit each
month will be performed in conjunction with the monthly
client meeting.
Resident services for all three projects will be coordinated
by a resident engineer who will be located at the wastewater
treatment plant construction site. He will provide stan-
dards to be utilized by all construction observers and will
monitor the progress of all three projects. The resident
engineer will be located in Fayetteville at the time a
Notice to Proceed is given and will participate in the
preconstruction conference. The resident engineer is
budgeted to remain in Fayetteville for the full three years
or until final close-out on all projects. For all resident
observers, vacation, sick leave, and holidays are offset by
anticipated overtime requirements. Twelve days are budgeted
for relocation of the senior resident to and from
Fayetteville.
An additional technician resident observer will assist the
chief resident at the treatment plant for the full three
years. Also, 24 days of technician time is budgeted to
assist during major concrete pours or other construction
activities requiring additional observation.
The sludge application project will require a full-time
resident for 12 months. The collection system project will
require two residents full-time for one year.
The budget developed for resident observation assumes the
following full-time resident periods:
o Treatment Plant - 36 months
o Collection system Improvement - 12 months
o Sludge Application Site - 12 months
Additional requirements for resident observers, considering
the net effect of all three projects, will constitute a
change in work scope with additional compensation to the
Engineer. This additional compensation will be as described
in Article 2 of this Task Order.
Survey services will be provided to locate the original
survey base line at the treatment plant and locate the
sludge force main and electrical transmission line. No
additional survey needs are anticipated or budgeted.
Factory witness and field tests are anticipated to be
required based upon the complexity of the project. These
tests may include observation of aerator performance at the
factory, checking primer paint systems prior to shipment,
and field check out of electrical systems prior to making
terminations.
Final inspection, project close out, and general grant
administration will be provided to complete the three
construction projects. General grant administration will
occur near the end of the project but will also include
efforts required to file additional grant applications each
year as necessary.
The record drawings will be furnished to the Owner 60 days
following the completion of each project. A11 changes will
be based on known changes made during construction as
provided by the contractor and concurred by the resident
engineer.
A draft of the Operation and Maintenance Manual will be
provided to the Owner and ADPC&E prior to requesting 50% of
the grant funds and a Final Manual will be provided prior to
requesting 90% of the grant funds.
POST CONSTRUCTION PHASE
The Engineer will provide post construction services follow-
ing the requirements of 40 CFR 35.2218 for project perfor-
mance.
a.
1. Direct the operation of the project and revise the
O&M Manual as necessary to accommodate actual
operating experience.
2. Train operating personnel and prepare curricula
and training material for operating personnel.
3. Advise the grantee whether the project is capable
of meeting the project performance standards.
4. Provide certification for the grantee that the
project is capable of meeting the project perfor-
mance standards.
These services are described by the following tasks:
1. Revised Operation and Maintenance Manual
2. Operator Training
3. Supervise First Year of Operation
4. Performance Evaluation Certification
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LABOR AND COST SUMMARY
BID PHASE
Engineer
Man Days
$/Man Day
$
E-5
59
171.12
10,096
E-7
2
225.04
450
E-2
29
117.68
3,413
T-2
1
84.48
85
O
18
66.32
1,194
15,238
McClelland
Man Days
$/Man Day
$
Project Manager
22
177
3,894
Senior Consultant
1
239
240
Lead Engineer
9
148
1,332
Technician
1
85
85
Office Clerk
14
58
812
6,363
Labor Escalation
Engineer
1985 (.50) (15,238)
(1.04)
_ $ 7,924
1984 (.50) (15,238)
= 7,619
$15,543
McClelland
1985 (.80) (6,363)
_ $ 5,090
1984 (.20) (6,363)
= 1,266
$ 6,356
Overhead
Engineer - 15,543
x 1.62 =
25,180
McClelland - 6,356 x 1.10 =
6,992
I
Expense (Engineer)
Air Fare
Pre -Bid Conference (3) 6 RT
Bid Opening (3) 6 RT
Pre -Construction Conference (3) 6 RT
18 RT @ 600 =
10,800
Auto
Rental Car 18 x 3 x 35 = $1,890
Per Diem 18 x 3 x 75 = $4,050
Miscellaneous 500
Total $17,240
Expenses (McClelland)
Auto
Mileage
Word Processing
Miscellaneous
Total Bid Phase
Labor
Engineer
McClelland
Overhead
Engineer
McClelland
Expenses
Engineer
McClelland
TOTAL COST
jd/CGT/008
200 miles @ 234 =
Total
$15,543
$ 6,560
$25,180
$ 7,216
$17,240
$ 1,605
$73,344
460
500
645
$1,605
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S, EPA
GRANTS
Form
Apprll't'll
(See accompanying instructions before completing this form)
OMIT
No. 15.' -ROl44
PARTS -GENERAL
I.ORAMTEE
2. GRANT NUMBER
City of Fayetteville, Arkansas
S. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
CH2M HILL Southeast, Inc.
April 16, 1984
1 ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP
code)
6. TYPE OF SERVICE TO BE FURNISHED
•807 S. McDonough Street
Engineering
Services
• Montgomery, Alabama 36104
Bid Phase
PART II -COST
SUMMARY
7. DIRECT LABOR (Specify !Der eete0orleq '' -
ESTI-
MATED
- HOURLY
ESTIMATED
TOTALS
HOURS
RATE
COST
All Labor - 1984 (See Detail
$
$ IbA.
All Labor - 1985
7,924
rn.
iii Lt•d,: n. I -!'w_ f.
DIRECT LABOR TOTAL:
"• �'�j='_y's'::^��t�:Sii�g/ti,
'?' 'f.515,543
B. INDIRECT COSTS (Specify Indirect Coat PooW
RATE
• BASE o
ESTIMATED
Lasj.;��,• +•
1.62
25,ISO
Total Overhead
$15,543
$
INDIRECT COSTS TOTAL:
.
525,180
STS
ESTIMATED
A L•. .;
Q.TRAVEL
r(2)PER01CM
COST
+ •,
(See Detail-
-�-'
$
-• "' 'y-
TRAVEL SUBTOTAL:
$ 16,740
_
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify <etegorfe A)
QTY
COST
ESTIMATED
$
$ 500
,f
EQUIPMENT SUBTOTAL:
500
`• ��� •
ESTIMATED
• 0. SUBCONTRACTS
COST
.
.�h•
McClelland Consulting Engineers
$ 17,345
SUBCONTRACTS SUBTOTAL:
S 17.345
d. OTHER (Specify categories)
ESTIMATED
COSTg
it
- y�f,y
'f��'1�.
$
�' w':
�.i.' } ail �.
Iifif
�+'^�y�yy�°S",(A•`'_
OTHER SUBTOTAL:
: .. ,.
S
e.OTHER DIRECT COSTS TOTAL:
10. TOTAL ESTIMATED COST
$
11. PROFIT (11$)
s 8,305
IL TOTAL PRICE
83 &13
PAPw. 570041 17.76)
PAGE 1 OF 5
ti
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• • • • - • - r.' • • • - and -
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•
•J_
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA
GRANTS
Form
Appr'n.,l
(See accompanying instructions before completing this form)
OMI?
No. 15.:-1W(44
` - PART I- GENE RAL'4""
I. GRAM TSE
-"
2. GRANT NUMBER
City of Fayetteville, Arkansas
S. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
McClelland Consulting Engineers, Inc.
April 16, 1984
it ADORES$ OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP
code)
6. TYPE OF SERVICE TO BE FURNISHED
--Post Office Box 1229
I
Subcontract
Engineering
Services
rayetteville, Arkansas 72702
Bid Phase
PART II•COST
SUMMARY
7. DIRECT LABOR (Specify Niter categerlea)
ESTt-
MATED
A0 RLY
ESTIMATED
TOTALS
.
HOURS
RATE
COST
All Labor - 1984 (See Detail)
$
$ 1,266
s•.
All Labor - 1985
5.090a.
A ?t .
• "
DIRECT LABOR TOTAL:
,'^
'71c ^^
" i�?:..3"
'^"iC;iL'.,
:
s 6,356
.
ESTIMATED
' •�-•
S. INDIRECT COSTS (Specify Indirect coat pools)
RATE
S _
BASE
COST
Total Overhead
1.10
INDIRECT COSTS TOTAL:
x
$ 6 9922
DIRECT COSTS
ESTIMATED
VEL
r(23
NSPORTATION460
DIEM
$
TRAVEL SUBTOTAL:
S
.- ., ..•. +;
b. EQUIPMENT, MATERIALS. SUPPLIES (Specify categories)
OTY
COST
ESTIMATED
COST
• -
Al �
S
$1,145
,� • '
•
EQUIPMENT SUBTOTAL:
i -
`1I I
ESTIMATED
• C. SUBCONTRACTS
COST
.F .`
• IY.Y
•
SUBCONTRACTS SUBTOTAL:
ESTIMATED
d. OTHER (Specify categories)
COST
+7c
OTHER SUBTOTAL:
$
:.,':"M %t+;Y'•<'S;.p;.
• e.' OTHER DIRECT COSTS TOTAL:
S 1,605
10. TOTAL ESTIMATED COST
_
S 14 953
II. PROFIT (16%)
S2,392
12 TOTAL PRICE
$17,345
S! PA' Pear• 570E-61 *7.76)
PAGE 1 OF S
Form Approved
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LABOR AND COST SUMMARY
CONSTRUCTION PHASE
Engineer
Man Days
$/Man Day*
$
E-5
352
171.12
60,234
E-7
51
225.04
11,477
• E-4
792
149.28
118,230
E-2
614
117.68
72,256
T-2
10
84.48
845
0
144
66.32
9,550
272,592
McClelland
Man Days
$/Man Day
$
Project Manager
229
177
40,533
Senior Consultant 10
239
2,390
Lead Engineer
460
148
68,080
Technicians
1,757
85
149,345
Clerical
98
58
5,684
266,032
Labor Escalation
Engineer
1985 @ 4%
(.25) (272,592) (1.04)
= 70,874
• 1986 @ 5%
(.50) (287,090) (1.04)
(1.05)
= 148,835
1987 @ 6%
(.25) (287,090) (1.04)
(1.05)(1.06)
= 78,883
298,592
McClelland
To mid point
1986 - (.50)(266,032)
=
133,016
To project
completion (.50)(1.10)(266,032)
=
146,317
279,333
Overhead
• Engineer -
298,592 x 1.62 =
483,719
McClelland -
279,323 x 1.10 =
307,255
•
Expenses (CH2M HILL)
Periodic Site Visits
Factory Witness Tests
Final Inspection
Project Close Out
Start -Up
Client Meetings
Auto
Rental Car
I n_. n
a
72 RT
4 RT
2 RT
2 RT
4 RT
6 RT
90 RT @ 600 = $54,000
90. trips x 3 days/trip x $35
90 trips x 3 days/trip x $50
Resident Engineer $400/mo x 36 mos
Word Processing
$400/mo x 36 mos.
Printing and Copying
$250/mo x 36 mos.
Telephone
$350/mo x 36 mos.
Postage and Freight
$100/mo x 36 mos.
Inflation Adjustment
4% - 1985 - .25(130,950) = $34,047
5% - 1986 - .50(130,950) = 71,499
6% - 1987 - .259130,950) = 37,894
Total Adjusted Expenses
Expenses (McClelland)
Auto Mileage - 3 cars @ 23t/mile
x 500 miles x 12 months =
1 car @ 23C /mile x 200 miles
x 36 mos. _
$ 9,450
$13,500
_ $14,400
$14,400
_ $ 9,000
$12,600
$ 3,600
$130,950
$143,440
$ 4,140
$ 1,650
:
Postage and Freight
$100/mo
x 36 mos.
$ 3,600
Miscellaneous
$100/mo
x 36 mos
3,600
TOTAL EXPENSE
$12,990
Inflation at 10%
mid 1986
$13,639
Construction Phase Cost Summar
Labor
Engineer
McClelland
$ 298,592
279,333
Overhead
Engineer
McClelland
483,719
307,255
Expenses
Engineer
McClelland
143,440
13,639
TOTAL COST
$1,525,978
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Four: Ap(vrn•,•,r
(See accompanying instructions before completing this form)
OW? No. /5S -Row,;
PART I -GENERAL
I. QRAMTEE -'
2. GRANT NUMBER
City of Fayetteville, Arkansas
5. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
-.•CH2M HILL Southeast, Inc.
April 16, 1984
AOORESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
6. TYPE OF SERVICE TO BE FURNISHED
807 S. McDonough Street
Engineering Services
Montgomery, Alabama 36104
Construction Phase
PART II•C0ST SUMMARY '
•
7. DIRECT LABOR (Specify te6or categories)
ESTI-
NOUIRLY
ESTIMATED
TOTALS
-
/TOURS
RATE
COST
All Labor - 1985 (See Detail)
$
$ 70,874
148,835
78,883
DIRECT LABOR TOTAL: -
°'
"i�V.5T;:;;:':Rf
S= e.� S 298,592
ESTIMATED
S. INDIRECT COSTS (Specify Indirect coat pools)
RATE
• BASE =
$
gJ P
`
Total Overhead .
1.62
298,592
483, '•:°
ar ..
INDIRECT COSTS TOTAL: $
yy
9. OTHER DIRECT COSTS
ESTIMATED
S`
e. TRAVEL COST
Tk
. 63'450 .
I 4"••--
TRANSPORTATION
(2) PER DIEM
f 27,900
"• ��^
TRAVEL SUBTOTAL:
S 91,350
b. EQUIPMENT. MATERIALS, SUPPLIES (Specify ca,eAerlee)
QTY
COST
ESTIMATED
COST
52,090
Word Processor, Telephone, Postage,
$
$
and Freight, Miscellaneous
EQUIPMENT SUBTOTAL:
..2.: -•*:,} ,
ESTIMATED
' C. SUBCONTRACTS
COST
.�
$ 713,081
McClelland Consulting Engineers, Inc.
SUBCONTRACTS SUBTOTAL:
F
$ 713,08
ESTIMATED
d. OTHER (Specify calegorleq
COST$
..y
A?3F.
OTHER SUBTOTAL: t
+
$
z �+
•
56,521
e.' OTHER DIRECT COSTS TOTAL:
10. TOTAL ESTIMATED COST
S 1,638,832
192,699
I1. PROFIT 11.7%
I' ti TOTAL PRICE
1,831,531
Sl PA'Pv� 570Bd1 4]+761
PAGE 1 OF 5
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COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Ap(Irin',•1!
(See accompanying instructions before completing this form) OMB Nn. I5;{- RU 144
PARTI-GENERAL
I. GRANTEE 2. GRANT NUMBER
City of Fayetteville, Arkansas
S. NAME OF CONTRACTOR OR SUBCONTRACTOR <. DATE OF PROPOSAL
McClelland Consulting Engineers, Inc. April 16, 1984
S ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED
Post Office:Box 1229 Subcontract Engineering
Fayetteville, Arkansas 72702 Services
PART II•COST SUMMARY
ESTI- HOURLY ESTIMATED
7. DIRECT LABOR (Specify te6w categories)• MATED RATE COST TOTALS
HOURS
All Labor - 1986 $ $ J.43,e•
All Labor - Beyond mid -pt. of 1986 146,317 -'
ls.
DIRECT LABOR TOTAL: -e.F fdk''F''s�5' +"Ff,;:1.tiTi{+:. s 279 ,333 _.
6. INDIRECT COSTS (Specify Indirect coal pools) RATE • BASE = ESTIMATTED �r
COS ; •,k jr�r Total Overhead 1.10 279,333
nrt
INDIRECT COSTS TOTAL: . $ 307,255
UPERDIEM
STS (Not in this Contract)
ESTIMATED
- COST l�
{
N —
(2)
$
TRAVEL SUBTOTAL:
ESTIMATED
b. EQUIPMENT; MATERIALS, SUPPLIES (Specify clu090fl0s) QTY COST COST
EQUIPMENT SUBTOTAL: • C. SUBCONTRACTS ESTIMATED'r/4-�,
COST •�.:=' e_ s...- S
$
SUBCONTRACTS SUBTOTAL: a ' $• .4
ESTIMATED
Y�!
d. OTHER (Specify care parlee) COST
$ (, r-Fjytifti�t.
OTHER SUBTOTAL: $
• e. OTHER DIRECT COSTS TOTAL: $ 13,639 _ __
10. TOTAL ESTIMATED COST s 600,227
4
11. PROFIT (17%) '
li TOTAL P0.N:E
713,081
•• Sl PAP...... 5700.41 (2.76) PAGE I OF S
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LABOR COST SUMMARY
POST -CONSTRUCTION
PHASE
Engineer
Man Days
$/Man Day*
$
E-5
68
171.12
11,636
E-7
12
225.04
2,700
E-2
18
117.68
2,118
T-2
5
84.48
422
O
21
66.32
1,393
18,269
McClelland
Man Days
$/Man Day
$
Project Manager
39
177
6,903
Lead Engineer
56
148
8,288
Technician
10
85
850
Office
17
58
986
17,027
Labor Escalation
Engineer - All labor in 1987 (1.04)(1.05)(1.06)
1.16 21,192
_.y
McClelland - All labor 1.10 18,729
Overhead
Engineer - 1.62 (21,192)
McClelland - 1.10 (18,729)
Expenses (Engineer)
Air Fare
Performance Evaluation 14 RT
14 RT @ $600
Auto
14 x 3 x $35
Per Diem
14 x 3 x $75
34,331
20,602
8,400
1,470
3,150
Miscellaneous 460
Total 13,480
Expenses (McClelland)
Auto
• 1000 miles @ 23C 230
Word Processing 755
Printing and Copying
O&M Manual 5,000
Total 5,985
Total Cost for Post Construction Phase
Labor
Engineer
21,192
McClelland
18,729
Overhead
Engineer
34,331
McClelland
20,602
Expenses
Engineer
13,480
McClelland
5,985
TOTAL COST
114,319
jh/CGT/008
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Porn,
Apprt,l'. el
(Seek accompanying instructions before completing this form)
OMIT
No. 1St -R0144
PART I•GENERAL
I. GRANTEE
""
2. GRANT NUMBER
City of Fayetteville, Arkansas
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
April 16, 1984
_:CH2M HILL Southeast, Inc.
'ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP
code)
6. TYPE OF SERVICE TO BE FURNISHED
S. McDorough-Street
Engineering Services
..107
Montgomery, Alabama 36104
Post -Construction Phase't
PART II•COST
SUMMARY
(Speelry labor eetnyerles)
ESTI-
MATED
HOURLY
ESTIMATED
TOTALS
HOURS
RATE
COST
abor - 1987. (See Detail)
S
$ 21,192r
^.'..
FOIRECTLABOR
o..
..... :_ r.-.. fir.
• DIRECT LABOR TOTAL:
")'.1�;:'f��'
j.':;f..ra
GiQ' 'T.S
2i,1g≥
•
a. INDIRECT COSTS (S➢ecily indirect cost pools)
RATE
X BASE =
ESTIMATED
COST
_ 4
r '
Total Overhead
1.62
21,192
34,331
INDIRECT COSTS TOTAL:
$ 34 331
9. OTHER DIRECT COSTS(Not in this Phase)
-
ESTIMATEDS.
TRAVEL
COST
-ragj"
•.
9,870
I TRANSPORTATION -
$ 3,150
(2) PER DIEM -
TRAVEL SUBTOTAL:
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
S
i460
EQUIPMENT SUBTOTAL:
'
ESTIMATED.„
�}, 2
-,.F •,. <I t:.}� t
• C. SUBCONTR ACTS
COST
A
yi•
lland Consultin En ineers Inc.
$52,782
.
r , (lJs t.r,
SURCONTRACTSSUBTOTAL: F
$ 52,782
ESTIMATED
d. OTHER (Specify categories)
COST
L.,YF';;, `..
OTHER SUBTOTAL: I ^
S 66 262
• e.' OTHER DIRECT COSTS TOTAL:
-
S 66, 262
S 121, 785
10. TOTAL ESTIMATED COST
12,931
11. PROFIT 10.6
134,717
?tL TOTAL PRKE
Sl PAPAGE 1 OF S
wf. 5706-t1 f7•Tgl
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• •: :••
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COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Ap(ertt,1
(See accompanying instructions before completing this form) OM11 No. 15,;-RIIf44
PART 1 -GENERAL
1. ORANTFE 2. GRANT NUMBER
• City of Fayetteville, Arkansas
S. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
.McClelland Consulting Engineers, Inc. April 16, 1984
T ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED
..Post Office'Box 1229 Subcontract Engineering Services
Fayetteville, Arkansas 72702 Post -Construction Phase\
PART II -COST SUMMARY
ESTI- HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor cet6dorlee) MATED - RATE COST TOTALS
HOURS
All or - (See Detail) $ S 18,729
rF. i
DIRECT LABOR TOTAL:18729 !
ESTIMATED
• 9. INDIRECT COSTS (Specify indirect cost pools) RATE x BASE C
COST).A.
Total Overhead 1.10 18,729 20,602
INDIRECT COSTS TOTAL: .;y, $ 20,602
rOTHER DIRECT COSTS (Not in this Phase) -
ESTIMATED
EL COST T#"1
SPORTATION ..230DIEM $
TRAVEL SUBTOTAL: S
b. EQUIPMENT, MATERIALS. SUPPLIES (Specify Categories) OTY COST ESTIMATED
COST ^^``'''^•eS�5
i1.s r
Printin & Co in S S 5, 755
rl
EQUIPMENT SUBTOTAL: '"'", �r'AA♦♦B.�S'va-
C. SUBCONTRACTS ESTIMATED
COST
$
.f4
SUBCONTRACTS SUBTOTAL: ... +i1Ti $
d. OTHER (Specify categorlea) ESTIMATED 1_ yy y_• +
(.st Sf
$ „•-'C.'.
OTHER SUBTOTAL: _ .•. $
• C. OTHER DIRECT COSTS TOTAL: +
10. TOTAL ESTIMATED COST $45,316
I. PROFIT (16.5%) 7,466
12. TOTAL PRKE $52,782
570E-tl (7.76 - PAGE I OF S
' Sl P4fv. 1
Form Approved
OMB No. 1S8 -R0144
PART III -PRICE SUMMARY
1J COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED
(Indicate baele for price cavpatleon) PRICEISI PRICE
S S.
PART IV -CERTIFICATIONS
il. CONTRACTOR - ..
1la..HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
Q YES NO (If "Yee" give nerve addreaa and telephone nlmrbar of reviewing olllce)
1lb.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
16C.
This proposal is submitted for use in connection with and in response to (1) i l//fI K$ d — e�
This is to certify to the best of my knowledge
and belief that the cos nd pricing data sum rc±g ized erein are complete, current, and accurate as of
(?)j '// and that a financial management capability exists to fully and accu-
rately accoun for tht finenciall transactions under this project. I further certify that I understand that the
subagreement price may be.subject •to downward renegotiation and/or recoupment where the above cost and
• pricing data have been determined,.as a result of audit, not to have been complete, current and accurate as
of the date above.
t A Y_
(3) /t /7,? < . - { A _ / -,/'�
j / DATE OF EXECUTION / SIGNATURE OF PROPOSER
1
L
TITLE OF PROPOSER
l2
II. GRANTEE REVIEWER ZP
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/p{j.ce appear
acceptable for subagreement award.
Tune 911, 1gRd iA'2t 6d( X ≤1
DATE OF EXECUTION r
SIGNATURE OF REVIEWER
C4ty nnger
]] TITLE OF REVIEWER
16. EPA REVIEWER (II applicable)
CATC OF EXECUTION
p ONATVRt OF P[YICR[n
TITLE OF a*Yl[flA
EPA Fa. 5700-11(2-76) PAGE 20F
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I
AGREEMENT TO FURNISH ENGINEERING SERVICES
TO CH2M HILL, SOUTHEAST INC.
FOR THE CITY OF FAYETTEVILLE, ARKANSAS -
WASTEWATER PROGRAM
This Agreement, made and entered into this 34 day of
1984-, by and between CH2M HILL, SOUTHEAST,
Inc., 807 South McDonough Street, Montgomery, Alabama
36104, hereinafter called CH2M HILL; and McClelland Consult-
ing Engineers, Inc., 1810 North College Avenue,
Fayetteville, Arkansas, 72702-1229, hereinafter called
SUBCONTRACTOR.
WITNESSETH:
WHEREAS, CH2M HILL has been engaged by the City of
Fayetteville, Arkansas, hereinafter called City of
Fayetteville to provide the wastewater engineering services
necessary to implement a wastewater program to serve the
City of Fayetteville, and
WHEREAS, the service to be provided by CH2M HILL are to be
authorized by Task Orders to the July 20, 1983, Basic
Services Agreement with the City of Fayetteville and
WHEREAS, the services to be provided by CH2M HILL are
anticipated to include Design Services, Services During
Construction, and Plant Operation and Maintenance Services,
and
WHEREAS, The SUBCONTRACTOR is qualified and experienced to
provide certain of the necessary engineering services.
NOW, THEREFORE, in consideration of the mutual promises and
covenants hereinafter set forth, it is agreed that:
I
ARTICLE I: SCOPE OF SERVICES
The SUBCONTRACTOR shall perform the specific services set
forth and authorized in Task Orders. The Task Orders which
become a'part of this Agreement upon execution will be
developed as the City of Fayetteville wastewater project
proceeds. The services that may be authorized include, but
are not limited to Design Services, Geotechnical and Survey-
ing Services, Engineering Services During Construction,
Resident Observation of Construction, Value Engineering and
other related coordination and general assistance services.
In addition, the SUBCONTRACTOR shall perform such additional
or special services as agreed to in subsequent Task Orders.
Each Task Order shall generally include a purpose, scope of
work, method of payment, period of service, and effective
date of authorization. Each Task Order must be executed by
an authorized representative of the SUBCONTRACTOR and the
CH2M HILL.
ARTICLE II: COMPENSATION
As consideration for providing services outlined in Task
Orders issued as described in ARTICLE I, the SUBCONTRACTOR
shall be compensated in accordance with the amount and
method of payment described within the Task Orders. Compen-
sation for all additional or special services shall be
negotiated at the time said additional or special services
are requested.
ARTICLE III: PAYMENT FOR SERVICES
Invoices will be submitted by the SUBCONTRACTOR at monthly
intervals and payment to the SUBCONTRACTOR as prescribed in
ARTICLE II is to be made based on the amount of work com-
pleted as determined by CH2M HILL. CH2M HILL will pay the
SUBCONTRACTOR within 15 days of receipt of payment by CH2M
HILL from the City of Fayetteville.
The SUBCONTRACTOR agrees to maintain detailed project
accounts for each Task Order. Project accounts shall show
actual time charged, salary rates, and costs incurred. The
SUBCONTRACTOR agrees to permit representatives of CH2M HILL,
the United States Government, the State of Arkansas, and/or
the. City of Fayetteville to audit its project accounts cost
records.
ARTICLE IV: FURTHER PROVISIONS
It is further mutually agreed by the parties hereto:
1. That the SUBCONTRACTOR shall designate a representative
who shall direct and coordinate the SUBCONTRACTOR'S
efforts and shall have the authority to schedule,
administer and control the work effort and act on
behalf of the SUBCONTRACTOR in responding to requests
from CH2M HILL in a reasonable time period.
2. That, the SUBCONTRACTOR will begin work on scope of
services for each Task Order upon receipt of an execut-
ed Task Order from CH2M HILL.
3. That, the SUBCONTRACTOR shall be responsible to the
level of competency presently maintained by other
practicing professionals performing the same type of
work, for the professional and technical soundness,
accuracy, and adequacy of all designs, drawings,
specifications and other work and materials furnished
under this Agreement. However, in no event shall the
level of service be less than that stated in the Scope
of Services.
4. That, if any portion of the project covered by this
Agreement shall be suspended, abated, abandoned, or
terminated, CH2M HILL shall pay the SUBCONTRACTOR for
the services rendered for such suspended, abated,
abandoned, or terminated work, the payment to be based
insofar as possible upon the actual work completed.
All documents, drawings, plans, specifications, esti-
mates, calculations, design notes, computation sheets,
project support information, field data and other data
pertaining to the work or the project shall be submit-
ted to CH2M HILL at that time.
That, either CH2M HILL or the SUBCONTRACTOR may termi-
nate this AGREEMENT by giving 15 days written notice to
the other party. If no notice of termination is given,
relationships and obligations created by this AGREEMENT
shall be terminated upon completion of all applicable
requirements of this AGREEMENT.
That, the SUBCONTRACTOR will not commence any work
until he obtains, at his own expense Worker's Compen-
sation Insurance and Comprehensive Automobile and
General Liability Insurance.
As evidence of specified insurance coverage, the
SUBCONTRACTOR shall submit certificates issued by the
insurance carrier showing such policies in force for
the specified period. Each certificate shall bear an
endorsement or statement waiving right of cancellation
or reduction in coverage within 30 days' notice in
writing to be delivered by registered mail to CH2M
HILL.
a. Public Liability Insurance: The SUBCONTRACTOR
shall obtain and maintain during the life of this
Agreement, Comprehensive Automobile and General
Liability Insurance that provides protection from
claims which may arise from operations or perfor-
mance under this Agreement. The bodily injury
portion shall include coverage for injury, sick-
ness or disease, and death, arising directly or
indirectly out of, or in connection with, the
performance of work under this Agreement, and
shall provide for a single limit coverage of not
less than $1,000,000 for all damages arising out
of bodily injury, sickness, disease or death.
b. The property damage portion shall provide for a
limit of not less than $1,000,000 for all damages
arising out of injury to or destruction of
*
property of others arising directly or indirectly
out of or in connection with the performance of
work under this Agreement and in any one occur-
rence.
c. Workers' Compensation Insurance: The SUBCONTRAC-
TOR shall obtain for the period of this Agreement
full Workers' Compensation Insurance coverage for
all persons whom he employs or may employ in
carrying out the work under this Agreement. •This
insurance will be in strict accordance with the
requirements of the most current and applicable
State Workers' Compensation Insurance laws.
d. Professional Liability Insurance: The SUBCONTRAC-
TOR shall maintain professional liability insur-
ance to fully cover his work in the amount of not
less than $1,000,000.
7. That, no change in the character or extent of the work
to be performed by the SUBCONTRACTOR shall be made
except by supplemental Agreement in writing between
CH2M HILL and the SUBCONTRACTOR. Any supplemental
agreement shall set forth the proposed changes of work,
adjustment of time, and adjustment of the fee to be
paid by CH2M HILL to the SUBCONTRACTOR, if any.
8. That, all documents including drawings, plans, speci-
fications, estimates, calculations, design notes,
computation sheets, project support information, field
data and other data pertaining to the work or the
project prepared by the SUBCONTRACTOR shall become the
property of CH2M HILL. However, the SUBCONTRACTOR may
retain and use copies of such documents for reference
and as documentation of its experience and capabil-
ities.
9. That, the SUBCONTRACTOR will indemnify and hold CH2M
HILL, the City of Fayetteville, their officers, agents,
and employees harmless from and against all loss,
liability, or claims therefore, caused by the sole
negligence of the SUBCONTRACTOR, his agents or employ-
ees, in the performance of this Agreement.
10. That, the SUBCONTRACTOR will comply with all Federal,
State, and local laws and ordinances as may be applica-
ble to the performance of work under this Agreement.
11. That, this AGREEMENT shall be binding on the heirs,
successors and assigns of the parties hereto and is not
to be assigned by either party without first obtaining
the written consent of the other party.
r
12. That, the SUBCONTRACTOR, in accordance with his status
as an independent contractor, covenants and agrees that
he will conduct himself consistent with such status,
that he will neither hold himself out as nor claim to
be an officer or employee of CH2M HILL or the City of
Fayetteville by reason hereof, and that he will not by
reason hereof, make any claim, demand or application to
or for any right or privilege applicable to an officer
or employee of CH2M HILL or the City of Fayetteville
including, but not limited to, Workers' Compensation
coverage, unemployment insurance benefits, Social
Security coverage, or retirement membership or credit.
IN WITNESS WHEREOF, the parties hereto each herewith sub-
scribe the same in triplicate this being the day and year
first above written.
FOR McCLELLAND CONSULTING
ENGINEERS, INC.
By
(Name) (Title)
ATTEST:
FOR CH2M HILL SOUTHEAST, INC.
By SGv G l/1y»�'—
'ff G. Thom on
Vice President and
Regional Manager
ATTEST:
jd/CGT/008
v•
TASK ORDER NUMBER 3
ENGINEERING SERVICES DURING AND
AFTER CONSTRUCTION
AGREEMENT TO FURNISH ENGINEERING
SERVICES TO CH2M HILL SOUTHEAST, INC.
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
WASTEWATER PROGRAM
A. PURPOSE
The purpose of the Task Order is to authorize and direct the
SUBCONTRACTOR to proceed with engineering services during
and after construction for selected portions of the City of
Fayetteville Wastewater Program as described in the Scope of
Work herein.
B. SCOPE OF WORK
The wastewater program will be constructed using three
construction contracts that will require approximately three
years for total completion. The engineering services to be
provided by the SUBCONTRACTOR are separated into three
distinct phases for each project:
1. Bid Phase
2. Construction Phase
3. Post -Construction Phase
The Bid Phase will occur at three separate times under the
current construction schedule. This Contract assumes that
the project moves from one phase to another and begins
approximately as scheduled. Significant departure from this
assumption is cause for contract scope and fee amendment.
The specific services that the SUBCONTRACTOR agrees to
provide are as follows:
1. Bid Phase
a. Assist in preparation and placement of
.advertisements for all contracts.
b. Communicate with Prospective Bidders regard-
ing local area conditions pertinent to all
contracts and specific questions regarding
collection system and effluent pump station;
pipeline, and storage reservoir Plans and
Specifications. The SUBCONTRACTOR will
direct all questions regarding the Wastewater
Treatment and Sludge Management System
contracts to CH2M HILL.
c. Attend pre -bid conferences for collection
system and treatment plant contracts.
d. Provide technical interpretations of the
intent of the Plans and Specifications as
prepared by the SUBCONTRACTOR.
e. Prepare Addenda as required to the Plans and
Specifications prepared by the SUBCONTRACTOR.
f. Analyze bids for the collection system
improvements and recommend award,
g. Provide assistance in grant administration as
specified by CH2M HILL.
h. Provide assistance in preparation of con-
tracts and notices to proceed for all con-
tracts.
2. Construction Phase
a. Provide project management for all SUBCON-
TRACTOR staff, as well as management support
to CH2M HILL resident personnel in local,
state, or EPA liaison matters.
b. Attend pre -construction conferences for all
contracts.
c. Assist in the preparation of the Final Plan
of Operation in the area of the Collection
System and effluent pump station, force main,
and reservoir.
d. Coordination of all resident observers for
all contracts.
e. Assistance in conducting client meetings.
f. Preparation of change orders on the col-
lection system and effluent pump station,
force main, and reservoir portion of the
project.
g. Shop drawing submittal tracking and shop
drawing review for all portions of the
project included in the SUBCONTRACTOR'S Plans
and Specifications.
h. Survey to locate the sludge pipeline and
electrical transmission routings.
S
i. Review of pay estimates.
j. Preparation of monthly status report for all
contracts to be included with CH2M HILL
overall project monthly status reports.
k. Assist in claims management for portions of
project for which SUBCONTRACTOR prepared
Plans and Specifications or provided survey
or geotechnical support.
1. Conduction of periodic site visits by Project
Manager.
m. Factory witnessing and field testing of items
specified in the collection system and
effluent pump station, storage reservoir, and
force main plans and specifications requiring
same.
n. Assist in final inspection for all contracts.
o. Assist in grant administration as requested
by CH2M HILL.
p. Assist in completion of project close-out for
all contracts.
q. Provide resident observers for all contracts.
A total of 6 man-years of resident observa-
tion has been included in the project, broken
down as follows:
o Collection System - 2 man years
o Treatment Plant - 3 man years
o Sludge System - 1 man year
The man -power project is based on con-
struction periods of 2 years for the treat-
ment plant; 1 year for the collection system;
and 1 year for the sludge system. Should
these construction periods change, this will
be cause for adjustment in the scope of work
and fee paid to the SUBCONTRACTOR. Payment
for the scope of work change will be made in
accordance with the attached Appendix to this
Agreement.
r. Complete record drawings for all contracts.
s. Prepare the Draft and Final Operation and
Maintenance Manual for all contracts, with
r .
technical assistance as needed from CH2M
HILL.
t. Provide start-up service assistance to CH2M
HILL as requested.
3. Post Construction Phase
a. Assist CH2M HILL in directing the operations
of the project.
b. Revise the O&M Manual as necessary to accom-
modate actual operating experience.
c. Assist in operator training, with emphasis on
collection system pump station and effluent
pump station components.
d. Assist in supervision of first year opera-
tion, with emphasis on collection system pump
station and effluent pump station components.
e. Assist in preparation of final performance
certification, with emphasis on collection
system pump station and effluent pump station
components.
Estimates of labor to provide these services are shown on
the attached three charts.
Services specifically excluded from the scope of work, but
that may be required include:
o Pilot plant planning, design, operation and
report.
o Survey work other than to establish the base line
and to field locate the digested sludge force main
and electrical transmission line.
o Bid protests and disputes.
o Extensions of time for project completion beyond
the time described in Item B. SCOPE OF WORK.
o User charge studies, rate studies, or any related
financial services during the Bid and Construction
Phases.
o Materials testing.
r I
C. PAYMENT
As consideration for providing the services enumerated
within this Task Order, CH2M HILL shall pay the SUBCONTRAC-
TOR the not to exceed lump sum amounts as follows:
o
Bid Phase
$17,345
o
Construction Phase
$713,081
o
Post Construction Phase
$ 52,782
Payment shall be made based upon the percent that the work
is complete and the additional terms as detailed in the
Master Agreement.
Payment for services outside of the scope of work. herein
described shall be on the basis of raw labor cost plus 110%
for overhead plus 15% for profit plus all project related
direct expense. Additional services to be provided must be
agreed to in writing by the Engineer and the Owner.
D. PERIOD OF SERVICE
The scope of work shall be completed as described in the
schedule included in the Engineer's Task Order Number 2
dated June 20, 1984.
E. The provisions of EPA 33 CFR 1030, which is attached to
this Agreement, are hereby made a part of this
Agreement.
F. EFFECTIVE DATE OF AUTHORIZATION
This Task Order is effective and the SUBCONTRACTOR is
authorized to begin work upon receipt of authorization from
the Engineer.
a e-
- n
IN WITNESS THEREOF, the parties hereto each herewith sub-
scribe the same in triplicate this jrd day of ,Oecee4,G r ,
1984.
FOR McCLELLAND CONSULTING ENGINEERS, INC.
By:
ATTEST:
FOR CH2M HILL SOUTHEAST, INC.
By:
ATTEST:
jd/CGT/008
111:2440 FEDERAL REGULATIONS
3
Labor regulations (29 CFR Part 3). This
Act provides that each contractor or
subcontractor shall be prohibited from
inducing, by any means, any person
employed in the construction.
completion, or repair of public work, to
give up any part of the compensation to
which he is otherwise entitled. The
recipient shall report all suspected or
reported violations to EPA.
§ 33.1020 Minimum wage clause.
When required by the EPA assistance
program legislation, all construction (as
defined by the Secretary of Labor)
subagreements in excess of $2,000
awarded by recipients and any lower
tier shall include a provision for
compliance with the Davis -Bacon Act
(40 U.S.C. 276a to a-7) as supplemented
by Department of Labor regulations (29
CFR Part 5). Under this Act contractors
are required to pay wages to laborers
and mechanics at a rate not less than
the minimum wages specified in a wage
determination made by the Secretary of
Labor. In addition, contractors shall be
required to pay wages not less often
than once a week. The recipient shall
place a copy of the current prevailing
wage determination issued by the
Department of Labor in each solicitation
and the award of a subagreement shall
be conditioned upon the acceptance of
the wage determination. The recipient
shall report all suspected or reported
violations to EPA.
§ 33.1021 Work hours and safety
standards clause.
All subagreements in excess of 52,000
for construction contracts (as defined by
the Secretary of Labor) and in excess of
$2,500 for other subagreements which
involve the employment of mechanics or
laborers shall include a provision for
compliance with section 103 and 107 of
the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330( as
supplemented by Department of Labor
regulations (29 CFR Part 5). Under
section 103 of the Act, each contractor
shall be required to compute the wages
of every mechanic and laborer on the
basis of a standard workday of 8 hours
and a standard workweek of 40 hours.
Work in excess of the standard workday
or workweek is permissible provided
that the worker is compensated at a rate
of not less than one and one half times
the basic rate of pay for all hours
worked in excess of 8 hours in any
calendar day or 40 hours in the
workweek. Section 107 of the Act is
applicable to construction work and
provides that no laborer or mechanic
shall be required to work in
surroundings or under working
conditions which are unsanitary.
hazardous, or dangerous to his health
and safety as determined under
construction, safety, and health
standards promulgated by the Secretary
of Labor. These requirements do not
apply to the purchases of supplies or
materials or articles ordinarily available
on the open market, or contracts for
transportation or tramsmission of
intelligence.
§ 33.1022 Patents, data, and copyrights
clause.
Subagreements shall include notice of
EPA requirements and regulations
pertaining to reporting and patent rights
under any subagreement involving
research, developmental, experimental
or demonstration work with respect to
any'discovery or invention which arises
or is developed in the course of or under
such subagreement and of EPA
requirements and regulations pertaining
to copyrights and rights in data
contained in 40 CFR Part 30.
33.1023 Violating facilities clause.
Subagreements in excess of $100,000
shall contain a provision which requires
contractor compliance with all
applicable standards, orders, or
requirements issued under section 306 of
the Clean Air Act (42 U.S.C. 1857(h)),
section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738. and
EPA regulations (40 CFR Part 15) which
prohibit the awarding of nonexempt
Federal contracts, grants, or loans to
facilities included on the EPA List of
Violating Facilities. The provision shall
require contractors to report violations
to the EPA.
§ 33.1024 Energy efficiency clause.
Subagreements shall follow
mandatory standards and policies on
energy efficiency which are contained in
the State energy conservation plan
issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-
163).
§ 33.1030 Model subagreement clauses.
(a) Recipients must include, when
appropriate, the following fourteen
clauses or their equivalent in each
subagreement.
(b) Recipients may substitute other
terms for "recipient" and "contractor" in
their subagreements.
1. Supersession
The recipient and the contractor agree that
this and other appropriate clauses in 40 CFR
33.1030 or their equivalent apply to the EPA
grant -eligible work to be performed under
this subagreement and that these clauses
supersede any conflicting provisions of this
subagreement.
Environment Reporter
2. Privily of Subagreement
This subagreement is expected to be
funded in part with funds from the U.S.
Environmental Protection Agency. Neither
the United States nor any of its departments.
agencies. or employees is or will be a party to
this subagreement or any lower tier
subagreement. This subagreement is to be
subject to regulatioa< contained in 40 CFR
Part 33 in effect on the date of the assistance
award for this project.
3. Changes
(a) This clause iq paragraph (a) applies
only to subagreements for construction.
(1) The recipient may. at any time, without
notice to any surety, by written order
designated or indicated to be a change order.
make any change in the work within the
general scope of the subagreement, including
but not limited to changes:
(i) In the specifications (including drawings
and designs):
(iifn the time, method, or manner of
performance of the work:
(iii) In the recipient -furnished facilities.
equipment, materials, services. or site: or
(iv) Directing acceleration in the
performance of the work.
(2) A change order shall also be any other
written or oral order (including direction,
instruction. interpretation or determination)
from the recipient, which causes any change,
provided the contractor gives the recipient
written notice stating the date,
circumstances, and source of the order and
that the contractor regards the order as a
change order.
(3) Except as provided in this clause, no
order, statement, or conduct of the recipient
shall be treated as a change under this clause
or entitle the contractor to an equitable
adjustment.
(4) If any change under this clause causes
an increase or decrease in the contractor's
cost or the time required to perform any part
of the work under this contract, whether or
not changed by any order, an equitable
adjustment shall be made and the
subagreement modified in writing and, except
for claims based on defective specifications,
no claim for any change under paragraph
(a)(2) above shall be allowed for any costs
incurred more than 20 days before the
contractor gives written notice as required in
paragraph (a)(2). In the case of defective
specifications for which the recipient is
responsible. the equitable adjustment shall
include any increased cost reasonably
incurred by the contractor in attempting to
comply with those defective specifications.
(5) If the contractor intends to assert a
claim for an equitable adjustment under this
clause, he must, within 30 days after receipt
of a written change order under paragraph (1)
of this change clause or the furnishing of a
written notice under paragraph (2) of this
clause, submit to the recipient a written
statement setting forth the general nature and
monetary extent of such claim. The recipient
may extend the 30 -day period. The statement
of claim may be included in the notice under
paragraph (2) of this change clause.
(6) No claim by the Contractor for an
equitable adjustment shall be allowed if
(Sec. 33.1030(b)] 52
EPA GRANTS
S-676
111:2441
I
made after final payment under this
suhagreement.
(bf The clause in this paragraph applies
only to subggreements for services.
(1) The recipient may. at any time, by
written order, make changes within the
general scope of this agreement in the
services or work to be performed. If such
changes cause an increase or decrease in the
contractor's cost or time required to perform
any services under this agreement. whether
or not changed by any order, an equitable
adjustment shall be made and this agreement
shall be modified in writing. The contractor
must assert any claim for adjustment under
this clause in writing within 30 days from the
date of receipt by the contractor of the
notification of change unless the recipient
grants additional time before the date of final
payment.
(2) No services for which an additional
compensation will be charged by the
contractor shall be furnished without the
written authorization of the recipient.
fr) This c;ause in paragraph (cf applies
orl v to subegreemer,!s for spplies.
(1) The recipient may at any time, by a
written order, and without notice to the
scrrties. make changes. within the general
scope of this subagreement, in any one or
more of the following:
(f) Drawings. designs. or specifications.
where the supplies to be furnished are to be
specially manufactured for the recipient;
(ii) method of shipment or packing; and
(iii) place of delivery.
(2) If any change causes an increase or
decrease in the cost or the time required to
perform any part of the work under this
subagreement. whether or not changed by
any such order, an equitable adjustment shall
be made in the subagreement price or
delivery schedule, or both, and the
subagreement shall be modified in writing.
Any claim by the contractor for adjustment
under this clause must be asserted within 30
days from the date of receipt by the
contractor of the notification of change. If the
recipient decides that the facts justify such
action, the recipient may receive and act
upon any such claim asserted at any lime
before final payment under this
subagreement. Where the cost of property
made obsolete or excess as a result of a
change is included in the contractor's claim
for adjustment, the recipient shall have the
right to prescribe the manner of disposition of
such property. Nothing in this clause shall
excuse the contractor from proceeding with
the subagreement as changed.
4. Differing Site Conditions
(This clause is applicable only to
construction suhggreements.)
(a) The contractor shall promptly, and
before such conditions are disturbed, notify
the recipient in writing of:
(1) subsurface or latent physical conditions
at the site differing materially from those
indicated in this subagreement. or
(2) unknown physical conditions at the site.
of an unusual nature. differing materially
from those ordinarily encountered and
generally recognized as inhering in work of
the character provided for in this
subagreement. The recipient shall promptly
11-25-83
investigate the conditions, and if it finds that
conditions materially differ and will cause an
increase or decrease in the contractor's cost
or the time required to perform any part of
the work under this subagreement. whether
or not changed as a result of such conditions,
an equitable adjustment shall be made and
the subagreement modified in writing.
(b) No claim of the contractor under this
clause shall be allowed unless the contractor
has given the notice renuired in paragraph (a)
of this clause. However. the recipient may
extend the time prescribed in paragraph (a).
(c) No claim by the contractor for an
equitable adjustment shat be allowed if
asserted after final payment under this
subagreement.
S. Suspension of Work
(This clause is applicable only to
construction subagreements.)
(a) The recipient may order the contractor
in writing to suspend, delay. or interrupt all
or any part of the work for such period of
time as the recipient may determine to be
appropriate for the convenience of the
recipient.
Ibl If the performance of all or any part of
the work is suspended. delayed, or
interrupted for an unreasorable period of
time by an act of the recipient in
administration of this subagreement. or by
the recipient's failure to act within the time
specified in this subagreement (or if no time
is specified, within a reasonable time), an
adjustment shall be made for any increase in
the cost of performance of this subagreement
(excluding profit) necessarily caused by such
unreasonable suspension, delay, or
interruption and the contract modified in
writing. However, no adjustment shall be
made under this clause for any suspension,
delay, or interruption to the extent (1) that
performance would have been so suspended,
delayed, or interrupted by any other cause.
including the fault or negligence of the
contractor or (2) for which an equitable
.adjustment is provided for or excluded under
any other provision of this subagreement.
(c) No claim under this clause shall be
allowed (1) for any costs incurred more than
20 days before the contractor notified the
recipient in writing of the act or failure to act
involved (this requirement does not apply to
a claim resulting from a suspension order).
and (2) unless the claim, in an amount stated,
is asserted in writing as soon as practicable
after the termination of such suspension.
delay, or interruption, but not later than the
date of final payment under the
subagreement.
6. Termination
(a) This subagreement may be terminated
in whole or in part in writing by either party
in the event of substantial failure by the other
party to fulfill its obligations under this
subagreement through no fault of the
terminating party, provided that no
termination may be elfec:ed unless the other
party is given 11) not less than ten (10)
calendar days' written notice (delivered by
certified mail, return receipt requested) of
intent to terminate and 121 an opportunity for
consultation with the terminating party prior
to termination.
Published by THE BUREAU OF NATIONAL, AFFAIRS INC.. Washington, D.C. 20037
(b) This subagreement may be terminated
in whole or in part in writing by the recipient
for its convenience, provided that the
contractor is given (1) not less than ten (101
calendar days' written notice (delivered by. -
certified mail, return receipt requested) of
intent to terminate and (2) an opportunity for
consultation with the terminating party prior
to termination.
(c) If termination for default is effected by
the recipient, an equitable adjustment in the
price provided for in this subagreement shall
be made. but (1) no amount shall be allowed -
for anticipated profit on unperformed'
services or other work. and (2) any payment
due to the contractor at the time of
termination may be adjusted to cover any
additional costs to the recipient because of
the contractor's default. If termination for
default is effected by the contractor, or if
termination for convenience is effected by the
recipient. the equitable adjustment shall
include a reasonable profit for services or
other work performed. The equitable
adjustment for any termination shall provide
for payment to the contractor for services
rendered and expenses incurred print to the
termination. in addition to termination
settlement costs reasonably incurred by the
contractor relating to commitments which
had become firm prior to the termination.
(d) Upon receipt of a termination action
pursuant to paragraphs (a) or (b) above, the
contractor shall (i) promptly discontinue all
services affected (unless the notice directs
otherwise). and (2) deliver or otherwise make
available to the recipient all data, drawings.
specifications, reports, estimates, summaries.
and such other information and materials as
may have been accumulated by the
contractor in performing this subagreement.
whether completed or in process.
(c) Upon termination under paragraphs (a)
or (b) above, the recipient may take over the
work and may award another party of
subagreement to complete the work under
this subagreement.
(flu, after termination for failure of the
contractor to fulfill contractual obligations, it
is determined that the contractor had not
failed to fulfill contractual obligations, the
termination shall be deemed to have been for
the convenience of the recipient. In such ,
event, adjustment of the price provided for in
this subagreement shall be made as provided
in paragraph (c) of this clause.
7. Remedies
Except as may be otherwise provided in
this subagreement. all claims, counter -claims.
disputes, and other matters in question
between the recipient and the contractor
arising out of or relating to this subagreement
or the breach thereof will be decided by
arbitration if the parties mutually agree. or in
a court of competent jurisdiction within the
State in which the recipient -is located.
0. Price Reduction for Defective Cost or
'Pricing Data
Note. —This clause is applicable to (1) any
subnercement negotiated between the
recipient and its contractor in excess of
$500000: (21 negotiated subagreement
amendments or change orders in excess of
$500,000 or 10 percent of the subagreement
[Sec. 33.1030(b)]
53
r
111:2442
FEDERAL REGULATIONS
a
whichever is less, olfect ev the price of a
formally advertised. camper' r way au maid.
fixed pricy subugreanient: ca/;q any h ,war
tiur sebapreeinent or purch,:::c outer i:,
uxeess of $500.000 or 10 percent of the
ussi.sto:ice agreement. wh:rhe: yr is Less.
under a subagreement other than a foramily
advertised. competitively uwunled. fixed
price subagreement. This clause is not
applicable for subagreements to the e rterrt
that they are awarder! on the basis of
effective price competition.
The contractor and subcontractor, where
appropriate. warrant that cost and pricing
data submitted for evaluation with respect to
negotiation of prices for negotiated
subagreements, lower tier subagreements.
and change orders is based on current.
accurate, and complete data supported by
their books and records. If the recipient or
EPA determines that any price (including
profit) negotiated in connection with this
subagreement. any lower tier subagreement.
or any amendment thereunder was increased
by any significant sums because the data
provided was incomplete. inaccurate. or not
current at the time of submission. then such
price or cost or profit shall be reduced
accordingly; and the subagreement shall be
modified in writing to reflect such action.
Note. —Since the subagreement is subject
to reducton under this clause by reason of
defective cost or pricing data submitted in
connection with lower tier subagreements,
the contractor may wish to include a clause
in each la wet tier subagreement requiring the
lower tier subcontractor to appropriately
indemnify the contractor. It is also expected
that any lower tier subcontractor subject to
such indemnification will generally require
substantially similar indemnification jar
defective cost or pricing data required to be
submitted by lower tier contractors.
9. Audit: Access to Records
(a) The contractor shall maintain books.
records, documents, and other evidence
directly pertinent to performance on EPA
grant work under this subagreement in
accordance with generally accepted accounting principles and practices
consistently applied. and 40 CFR Part 30. in
effect on the date of execution of this
subagreement. The contractor shall also
maintain the financial information and data
used by the contractor in the preparation or
support of the cost submission required under
40 CFR 33.290 for any negotiated
subagreement or change order and a copy of
the cost summary submitted to the recipient.
The United States Environmental Protection
Agency, the Comptroller General of the
United States. the United States Department
of Labor, recipient. and Ithe State) or any of
their authorized representatives shall have
access to all such books, records, documents.
and other evidence for the purpose of
inspection, audit and copying during normal
business hours. The contractor will provide
proper facilities for such access and
inspection.
Ib) If this is a formally advertised.
competitively awarded, fixed price
subagreement. the contractor agrees to make
paragraphs ja) through in of this clause,
applicable to all negotiated change orders
and subagreement amendments affecting the
subagreement price. In the case of all other
types of prime subagreements. the contractor
agrees to include paragraphs (al through (f) of
this rlause in all his subagreements in excess
of S10.utxl and all lower tier subagreements in
excess of 570.000 and to make paragraphs (a)
through (f)of this clause applicable to all
change orders directly related to project
performance.
(c) Audits conducted under this provision
shall be in accordance with generally
accepted auditing standards and established
procedures and guidelines of the reviewing or
audit agency(ies).
(d) The contractor agrees to disclose all
information and reports resulting from access
to records under paragraphs (at and (hl of
this clause. to any of the agencies referred to
in paragraph (a).
(e) Records under paragraphs (a) and (b)
above, shall be maintained and made
available during performance on EPA
assisted work under this subagreement and
until three years front the date of final EPA
payment for the project. In addition, those
records which relate to any controversy
arising under an EPA assistance agreement.
to litigation, to the settlement of claims
arising out of such performance, or to costs or
items to which an audit exception has been
taken, shall be maintained and made
available until three years alter the date of
resolution of such appeal, litigation, claim. or
exception.
In This right of access clause (with respect
to financial records) applies in:
Ill Negotiated prime subagreements.
(2) Negotiated change orders or
subagreement amendments in excess of
510.000 affecting the price of any formally
advertised, competitively awarded. fixed
price subagreement, and
(3) Suhagreements or purchase orders
under any subagreement other than a
formally advertised, competitively awarded.
fixed price subagreement. However, this right
of access does not apply to a prime
subagreement, lower tier subagreement. or
purchase order awarded after effective price
competition, except:
(i) With respect to records pertaining
directly to subagreement performance.
(excluding any financial records of the
contractor.)
(ii] If there is any indication that fraud.
gross abuse, or corrupt practices may be
involved or
(iii[ If the subagreement is terminated for
default or for convenience.
10. Covenant Against Contingent Fees
The contractor warrants that no person or
selling agency has been employed or retained
to solicit or secure this subagreement upon an
agreement or understanding for a
commission, percentage, brokerage, or
contingent fee, excepting bona fide
employees or bona fide established
commercial or selling agencies maintained by
the contractor for the purpose of securing
business. For breach or violation of this
warranty the recipient shall have the right to
annul this agreement without liability or in its
discretion to deduct from the contract price
or consideration, or otherwise recover. the
Environment Reporter
full amount of such commission, percentage,
brokerage. or contingent fee. ,
11. Gratuities
(a) If the recipient finds after a notice and - q(`
hearing that the contractor, or any of the
contractor's agents or representatives.
offered or gave gratuities (in the form of
entertainment, gifts, or otherwise), to any
official. employee, or agent of the recipient.
the State, or EPA in an attempt to secure a
subagreement or favorable treatment in
awarding, amending, or making any
determinations related to the performance of
this agreement, the recipient may, by written
notice to the contractor, terminate this
agreement. The recipient may also pursue
other rights end remedies that the law or this
agreement provides. However, the existence
of the facts on which the recipient bases such
findings shall be in issue and may be
reviewed in proceedings under the Remedies
clause of this agreement.
(b) In the event this subagreement is
terminated as provided in paragraph (a) the
recipient may pursue the same remedies
against the contractor as it could pursue in
the event of a breach of the subagreement by
the contractor. and 121 as a penalty, in
addition to any other damages to which it
may be entitled by law, to exemplary
damages in an amount (as determined by the
recipientl which shat[ be not less than three
nor more than ten times the costs the
contractor incurs in providing any such
gratuities to any such officer or employee.
12. Buy American
(This clause applies to subagreements
awarded under 40 CFR Part 35, Subparts E
and I.)
In accordance with section 215 of the Clean
Water Act (33 USC 1251 el. seq.) and
implementing EPA regulations and guidelines.
the contractor agrees that preference will be
given to domestic construction material by
the contractor, subcontractors, materialmen,
and suppliers in the performance of this
subagreement.
13. Responsibility of the Contractor
(a) This clause in paragraph (a) applies to
all subagreements for services.
(1) The contractor is responsible for the
professional quality, technical accuracy,
timely completion, and the coordination of all
designs, drawings, specifications, reports.
and other services furnished by the
contractor under this agreement. The
contractor shall, without additional
compensation, correct or revise any errors.
omissions, or other deficiencies in his
designs. drawings. specifications, reports.
and other services.
(2) The contractor shall perform the
professional services necessary to
accomplish the work required to be
performed under this agreement. In
accordance with this agreement and
applicable EPA requirements in effect on the
date of execution of the assistance agreement
for this project.
(3) The owner's or EPA's approval of
drawings, designs, specifications. reports.
and incidental work or materials furnished
hereunder shall not in any way relieve the
[Sec. 33.1030(b)) 54
CI
S-676
EPA GRANTS 111:2443
7
II
C
contractor of responsibility for the technical
adrauacy of ht, work. Neither the owner's
nor EP.1's review, approval, acceptance, or
payment for any of the services shall be
construed as a waiver of any rights under this
agreement or of any cause of action arising
out of the performance of this agreement.
(4) The contractor shall be and shall
remain liable, in accordance with applicable
law, for all damages to the owner or EPA
caused by the contractor's negligent
performance of any of the services furnished
under this agreement, except for errors,
omissions or other deficiencies to the extent
attributable to the owner, owner -furnished
data, or any third party. The contractor shall
not be responsible for any time delays in the
project caused by circumstances beyond the
contractor's control.
(5) The contractor's obligations under this
clause are in addition to the contractor's
other express or implied warranties under
this agreement or State law end in no way
diminish any other rights that the owner may
have against the contractor for faulty
materials. equipment, or work.
(b) The clause in pamgmph (b) applies
only to subagmemenfs for constriction.
(1) The contractor agrees to perform all
work under this agreement in accordance
with this agreement's designs. drawings. and
specifications.
(2) The contractor warrants and guarantees
for a period of one (1) year from the date of
substantial completion of the system that the
completed system is free from all defects due
to faulty materials, equipment or
wozkmanship: and the contractor shall
promptly make whatever adjustments or
corrections necessary to cure such defects.
including repairs of any damage to other
parts of the system resulting from such
defects. The owner shall give notice to the
contractor of observed defects with .
reasonable promptness. In the event that the
contractor fails to make adjustments. repairs,
corrections or other work that may be made
necessary by such defect, the owner may do
so and charge the contractor the cost
immured. The performance bond shall remain
in full force and effect through the guarantee
period.
(3) The contractor's obligations under this
clause are in addition to the contractor's
other express or implied warranties under
this agreement or State law and in no way
diminish any other rights that the owner may
have against the contractor for faulty
materials. equipment. or work.
14. Final Payment
Upon satisfactory completion of the work
performed under this agreement. as a
condition before final payment under this
agreement, or as a termination settlement
under this agreement, the contractor shall
execute and deliver to the owner a release of
all claims against the owner arising under or
by virtue of this agreement, except claims
which are specifically exempted by the
contractor to be set forth therein. Unless
otherwise provided in this agreement or by
State law or otherwise expressly agreed to by
the parties to this agreement. final payment
under this agreement or settlement upon
termination of this agreement shall not
constitute a waiver of the owner's claims
against the contractor or his sureties under
this agreement or applicable perfonnnnce
and payment bonds.
Subpart G —Protests
§ 33.1105 Applicability and scope of this
subpart
(a) This subpart sets forth the
administrative process that EPA will use
for the rapid resolution of protest
appeals filed with the award official.
(b) A protest is a written complaint
concerning the award of a recipient's
subagreement filed with the recipient by
a party with a direct financial interest
adversely affected by a recipient's
procurement action.
(r.) A protest appeal is a complaint
filed with the award official regarding
the recipient's determination of protest.
§ 33.1110 Limitations on protest appeals.
(a) The award official shall not accept
a protest appeal from a recipient's
determination of protest until the
protester has exhausted all
administrative remedies at the recipient
level.
(b) A protest appeal may only be filed
with the award official for:
(1) Issues arising under the
procurement provisions of this Part:
(2) Alleged violations of State or local
law or ordinances and when the award
official determines that there is a
contravening Federal requirement:
(3) Provisions of Federal regulations
applicable to direct Federal contracts, if
such provisions are explicitly referred to
or incorporated in this Part;
(4) Basic project design
determinations which clearly relate to
questions of source selection or
application of restrictive specifications:
or
(5) Award of lower tier
subagreements:
(i) If the recipient mandated the
award to a particular entity; or
(ii) If it were based on a violation of
the requirements in § 33.295 "Lower tier
subagreements:"
§ 33.1115 General requirements.
(a) Any party with an adversely
affected direct financial interest may file
a written protest appeal with the ee ward
official in accordance with this subpart.
(b) The recipient is responsible for the
prompt initial determination of the
protest.
(c) The award official may summarily
dismiss an appeal without proceedings
under this subpart. if the protest or
appeal is untimely or entirely addresses
issues which are beyond the scope of
this subpart. or the protester fails to
comply with the intent of the procedural
requirements of this subpart.
(d) The award official may summarily
deny a protest appeal. without _
proceedings under this subpart. if. after
considering the facts in a light must
favorable to the protester. the award
official believes that the protest lacks
merit.
§ 33.1120 Filing requirements for protest
appeals.
(a) A protest appeal to the award
official must be in writing and must
adequately state the basis for the
protest appeal. Appeals must be
received by the award official within
one week after the complaining party
has received the recipient's determination of protest. If the last day
falls on a Saturday. Sunday or holiday.
the last day to submit a request shall be
the next working day. A copy of the
recipient's determination of protest and
other documentation in support of the
appeal shall be transmitted with the
appeal.
(b) The award official will dismiss as
untimely any protest appeals based
upon alleged improprieties in the
solicitation which were apparent before
fsec. 33.1120(b)]
11-25-83 Published by THE BUREAU OF NATIONAL AFFAIRS INC., Washington, D.C. 20037
55
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