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03-31-80 Special QCitp of IBelrap JBcadJ ~El"'''' ~' ~o~L~)_ ~~/ 100 N. W. 1ST AVENUE (305) 278.2841 DELRAY BEACH. FLORIDA 33444 J ELD0'J ....ARIOTT CITY \',~,';A.GEfl LEON M. WEEKES. r.t>'YOR JAMES H. SCHEIFLEY, VJCE.MAYOR MALCOLM r. 9lAD, COUNCIL MEMBER. CHARLOTTE G. OUR ANTE, COUNCIL MEMBER WILLARD V, YOUNG, COUNCIL MEMBER SPECIAL MEETING OF DELRAY BEACH CITY COUNCIL Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Leon M. Weekes has instructed me to advise you of a Special Meeting to be held in the Council Chambers at 7:00 P.M., Monday, March 31, 1980. This meeting has been called for the purpose of: (1) Considering passage of Resolution No. 32-80 re: Bridge Opening. (2) Considering First Reading of Ordinance No. 20-80 annexing Minter Property (Lot 7, Lake Shore Estates). (3) Considering approval of Change Order No. 4 re: City's Master Lift Station. (4) Considering ratification of SCRWTD Board Resolution No. 2-80 authorizing commencement of competitive negotiations for an engineer. (5) Considering ratification of SCRWTD Board Resolution No. 3-80 authorizing the Board to make application for a Step II grant for f~deral assistance. ~~~~ / lizabeth Arnau City Clerk AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER \. \,R <!Citp of iBelrap Jacacu 100 N. W. 1ST AVENUE 13051278.2841 DELRAY 8EACH, FLORIDA 33444 J fLOG".: .'JARIOTT (iTY r,',V~AGER LEON 11;1, WEEI(ES, MAYOR JAMES H. SCHEIFLEv. VICE.MAYOR MALCOLM T BIRD. COUNCIL MEMBER. CHARLOTTE G. DURANTE, COUNCIL MEMBER WILLARD V. YOUNG, COUNCil MEMaEFt SPECIAL MEETING OF DELRAY BEACH CITY COUNCIL Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Leon M. Weekes has instructed me to advise you of a Special Meeting to be held in the Council Chambers at 7:00 P.M., Monday, March 31, 1980. This meeting has been called for the purpose of: (1) Considering passage of Resolution No. 32-80 re: Bridge Opening. -~u-J)/i2) ~3~! g, (3) Considering First Reading of Ordinance No. 20-80 annexing Minter Property (Lot 7, Lake Shore Estates) . (4) Considering approval of Change Order No. 4 re: City's Master Lift Station. Considering ratification of SCRWTD Board Resolution No. 2-80 authorizing commencement of competitive negotiations for an engineer. Considering ratification of SCRWTD Board Resolution No. 3-80 authorizing the Board to make application for a Step II grant for f~deral assistance. (5) ~~~~ /, lizabeth Arnau City Clerk AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER ( ! RESOLUTION NO. 32-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REAFFIRMING ITS POSITION IN SUPPORT OF SPECIAL DRAWBRIDGE REGULATIONS REQUIRING CONTROLLED OPENINGS OF THE ATLANTIC AVENUE BRIDGE OVER THE INTRA- COASTAL WATERWAY; REQUESTING THAT THE UNITED STATES COAST GUARD APPROVE SUCH REGULATIONS; AUTHORIZING AND DIRECTING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE UNITED STATES COAST GUARD AND ALL OTHER APPROPRIATE PUBLIC OFFICIALS AND AGENCIES. WHEREAS, Atlantic Avenue in the City of Delray Beach serves as an arterial road as well as a primary service road for the City's Downtown Business District; and, WHEREAS, the traffic problems caused by such heavy use of Atlantic Avenue are aggravated by the uncontrolled openings of the Atlantic Avenue Bridge over the Intracoastal Waterway; and, WHEREAS, the City Council of the City of Delray Beach, Florida, at its September 17, 1979 workshop meeting, agreed that controlled bridge openings of the Atlantic Avenue Bridge on the hour and half hour, Monday through Friday between the hours of 10:00 A.M. through 6:00 P.~I., with all other times being opened on demand, would help alleviate this serious traffic problem; and, WHEREAS, the City Council of the City of Delray Beach does now wish to formally reaffirm its position in support of such controlled openings of the Atlantic Avenue Bridge, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Florida, on behalf of the residents and citizens of the City of Delray Beach, hereby reaffirms its support for special drawbridge regulations requiring controlled openings of the Atlantic Avenue Bridge over the Intracoastal Waterway, said controlled bridge openings being on the hour and half hour, Monday through Friday between the hours of 10:00 A.M. through 6:00 P.M., with all other times being opened on demand. Section 2. That the City Council of the City of Delray Beach, Florida, hereby requests that the United States Coast Guard approve the City's request for such special drawbridge regulations. Section 3. That the City Clerk of the City of Delray Beach is hereby authorized and directed to furnish copies of this Resolution to the United States Coast Guard and all other appropriate public officials and agencies. day of PASSED AND ADOPTED in special session on this the , 1980. MAY 0 R ATTEST: City Clerk / / I ---------~-------~.._---_._-~----_.._-- ----- ORDINANCE NO. 20-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 7, LAKE SHORE ESTATES, AS RECORDED IN PLAT BOOK 25, PAGE 26 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LM1D IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LM1D; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, Lee E. Minter is the fee-simple owner of the property hereinafter described; and, vlliEREAS, Lee E. Minter has requested by his petition to have the subject property annexed into the Municipal limits of the City of Delray Beach; and, vlliEREAS, in conjunction with an annexation proceeding the City of Delray Beach applies a City Zoning Classification to the subject property; and, vlliEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies conti- guous to said City; to-wit: Lot 7, Lake Shore Estates, as recorded in Plat Book 25, Page 26 of the Public Records of Palm Beach County, Florida. The subject property is in Section 5, Township 46 South, Range 43 East and IS located south of N.W. 22nd Avenue (Pineridge Road) between Lake Drive and N.W. 4th Avenue. The above described parcel contains a 19,240 square foot parcel of land. Section 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) District, as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. this ordinance shall diction, such record portion. That if any word, phrase, clause, sentence or part be declared illegal by a Court of competent juris- of illegality shall in no way affect the remaining of PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1980. ATTEST: MAY 0 R City Clerk First Reading Second Reading - 2 - Ord. No. 20-80 RUSSELL & AXON Established in 1920 Engineers' Planners' Architects Incorporated March 10, 1980 Mr. J. Eldon Mariott, City Manager City of Del ray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Subject: Change Order No.4 (Master Lift Station) Sanitary Sewer Project, Part B, Section I City of Delray Beach EPA Project No. C-120653010 Dear Mr. Mariott; We are submitting Change Order No.4 in the amount of $117,319.41 to the City Council for approval prior to application to the EPA for a Grant increase. The City's share of Change Order No.4 is $29,329.86. The $21,518.88 saving effected by using a different type effl uent flowmetel' is reflected in Change Order No.4. A detailed description-of the proposed work is contained in Attachment II of the Change Order. The proposed modifications covered by Change Order No, 4 have been reviewed by the City's Utility Department and approved as necessary and beneficial to the operation of the Master Lift Station. We trust that you will find the attached explanation satisfactory, however, if you have any questions, please do not hesitate to call. Sincerely, HAJ/~Ig Attachments RUSSELL & AXON' I /;JilPLiQ-L. Walter A.~s:n'~~r Joe C, Swan, P.E. Resident Engineer 167 N. E. 2i':D AVENUE. DELRAY BEACH. FLORIDA 33444.305/278-2615 CWe.hb rJeneinP. Bon-i:'uLcUng, 8ne. TEL 782-0880 LICENSED BUILDING AND ENGINEERING CONTRACTOR 30 S.W. 5TH COURT, POMPANO BEACH, FLA. 33060 MARCH 13, 1980 RUSSELL & AXON, INC. '. 167 N.E. 2ND AVE. DELRAY BEACH, FLA. 33~~~ ATTENTION: MR. JOE SWAN SUBJECT: CHANGE ORDER NO. ~, CITY OF DELRAY BEACH MASTER LIFT STATION GENTLEMEN: THE QUOTATION ON THE SUBJECT PROJECT IN THE AMOUNT OF $ 138,838.39 IS BASED ON TODAY'S COSTS AND IS PREDICATED UPON THE NORMAL CONSTRUCTION INDUSTRY PRACTICE OF STARTING _THE PROJECT IN APPROXIMATELY 30 DAYS AND A COMPLETION TIME OF 100 CALENDAR DAYS AFTER START-UP. IF THE STARTING DATE IS EXTENDED APPRECIABLY BEYOND 30 DAYS, SAY 60 DAYS OR MORE, THESE PRICES MUST BE ADJUSTED BY THE CONSTRUCTION INDUSTRY INFLATION RATIO IN THIS AREA. VERY TRULY YOURS, ~~ L GAN CASHMAN, EXECUTIVE V. PRES. WEBB GENERAL CONTRACTING, INC. LC/KS ENCLOSURE ~~(Crn:llWfE1D) MAR I 4 198C' RUSSELL & AXO~ COI, HU,CT I ',DJ If] C;, Tl 011 Change Order Request No. 4 ._-~. - Project No. ~2Jlli2J!11D___ r - ?Ofi5101O Locat10n City of Delray Beach Sani tary SCvlerage Project, Part B Type Spdinn T - lift <;tiltiolLMnrlific?tions D~scription of Change See Attachment I . Reason for Change See Attachment II Breakdown of (Includes pertlnent ere necessary) (l)Itemand Description Quantity Unit Cost lotal Contract Cost Total Cost EPA Part See Attachment III $138.838.29 $104.128.71 * Flowmeter Revision 1 (-)$?1.51R 88 (-)$?l ,518 8R ( - H 1 Ii. nq 1 h - * Spp Att~chment TV .. (2) Totals (3) Labor Charges, if-any (Total & EPA) . This Change (Addition) or' (Reduction) Total & EPA Part ~319.41 $ 87,gRq 55 Present Contract Price, Total and EPA Part $515~280.92 Proposed Revised Contract Price and EPA Par~632,600.33 $386.460,69 $474,450.24 Additional Funds. if required, are to be provided in,the following manner: A. npw rpVPllP hnnrl ;~<::;IIP This 270 Days from_Grant Required by Change: UnD:p~<;e apPLillli1l~ Inc. (Contractor) ~~ Sign Recexanended b:'l usse!! & Axon Signed \~~G2~~ Title ( [-".31 Deer) Titl Eo Res i dj;pt Engi neer Approval of Change as rCfJuested by City of DelraY,Beach -10",nor) ____ Signed Title City r'lanager ATT ACH~1ENT I for CHANGE ORDER NO. 4 Description of Changes: 1. Relocation of hydraulic valve control accumulator in new concrete block addition to the Master Lift Station. 2. Installation of a 2000 gallon fiberglass fuel storage tank. 3. Installation of additional chlorination equipment and distribution lines. 4. Addition of a fume scrubber and wetwell ventilation system. 5. Addition of exhaust fans to the chlorine bUilding. ATTACH~lENT I I for CHANGE ORDER NO. 4 Reasons for Changes: 1. Relocate hydraulic valve control accumulator in new concrete block addition to the Master Lift Station: The accumulator is essential to the operation of the Lift Station, providing the motive force to operate the surge control valves on each of the three pumps. The accumulator package contains two electrically powered oil pumps and two air compressors ,as well as the main electrical control cabinet. The accumulator is now located on the floor of the dry well, or pump- room, of the Master Lift Station approximately 10 feet below ground level. The Master Lift Station is situated on the edge of the Intra- coastal Waterway, and has a door sill height of 6.7 feet MSL. In the event of a storm surge caused by the' lowered barometric pressure \1ith i n a hurri cane, the dry well of the ~las ter Lift Stati on could flood at water elevations in excess of 6.7 feet MSL. Due to the construction of the accumulator package, the oil pumps and air compressor motors would be flooded by as little as six inches of water on the dry well floor. Due to space limitations there is no other suitable location in the dry well for the accumulator, nor is there space to block it up higher because of lack of clearance in its positiDn under the stairwell. The main sewage pumps and motors are nearly 4 feet off'the floor and,much less prone to flooding. Failure of the oil pumps and air compressors will render the valve control system inoperable for an extreme period of time. As a point of interest, the max.imum "hurricane tide" or stonn surge of record in this area is 9.8 feet MSL. Although potentially not as serious as storm'flooding, the possibility of system loss caused by pipe failure or other accident in the dry well is also eliminated by the relocation of the accumulator. 2. Installation of a 2000 gallon fiberglass fuel ~torage tank: With the greatly increased power consumption of the modified Master Lift Station, the existing 285 gallon steel fuel tank is only able 'to provide 14 hours running time for the stand-by generator. In the case of a major power failure during a hurricane, it will take 3 or 4 days for additional fuel to be supplied. In addition, the City's fuel supplier refuses to deliver less than 1000 gallons. The 2000 gallon fiberglass tank will eliminate these problems and eliminate corrosion leakage caused by the saline ground-water at the Master Lift Station. 3. Installation of additional chlorination equipment and distribution lines: Pumping of se\~age through the long transmission line to the Regional Wastewater Treatment Plant requires additional chlorination capacity to prevent septicity and increased treatment costs. Increased flows to the Master lift Station have over taxed the existing chlorination capacity as well, requiring additional equipment and chlorine trans- mission lines to prevent septicty and reduce odor. . 4. Addition of a fume scrubber and wet well ventilation system: As a result of increased flows to the Master lift Station, the existing ventilation system has become inadaquate to prevent odor problems. An excessive amount of hydrogen sulfide gas in the air, while not in a concentration hazardous to personnel, has caused significant corrosion problems in the electrical control equipment at the station. , The ventilation system, including the fume scrubber, will reduce these problems. 5. Addition of exhaust fans to the chlorine building: Four exhaust fans will be installed in the new chlorine storage building to ensure a safe environment for operating personnel and removing the possibility of a concentrated pocket of chlorine gas occuring in or around the building as the result of a leak. ATTACHf1ENT III for CHANGE ORDER tlO, 4 Cj/~J)b (301E.W ~il1~actJno, 8ne. o - -0 . TEL 782.C,>&C LICENSED BUILDING AND ENGINEERING CONTRACTOR 30 S,W. 5TH COURT, POMPANO BEACH, FLA, 33060 FEBRUARY 29, 1980 '. . RUSSELL AND AXON, INC. 1&7 N.E. 2ND AVENUE DELRAY BEACH, .FLORIDA, 33444 ATTENTION: MR. GATES CASTLE '. . SUBJECT: CHANGE ORDER NO.4, CITY OF DELRAY BEACH _ MASTER LIFT STATION '. . GENTLEMEN: , WE ARE PLEASED TO QUOTE THE FOLLOWING ON THE ABOVE REFERENCED PROJECT: '.. MATERIALS: --- ., FUEL TANK (CONCRETE-STEEL-ROCK-STRAPS) FANS CHLORINATION EQUIPMENT FUME SCRUBBER BUILDING MATERIALS MISC. PIPING MATERIALS RELOCATE ACCUMULATOR MATERIALS PAINT . TOTAL MATERIAL 15% MARK-UP ON MATERIAL $4,500.00 5,285.00 27,904.2ft 7,384.00 6,270.32 3,107.32 1,648.37 772.89 56,872.14 10,036.26 66,908.40 SUB-CONTRACTORS: ELECTRICAL ROOFER TOTAL SUB-CONTRACTORS 15% MARK-UP ON SUB-CONTRACTORS $14,201.00 868.00 15,069.00 2.659.23 $17,728.23 LABOR: DIRECT JOB LABOR 30% OVERHEAD ON LABOR TOTAL ON LABOR 15% MARK-UP ON LABOR $22,400.00 9;600.00 32,000.00 $ 5.647.05 $37,647.05 PAGE 2 " JOB SITE EQUIPMENT: DIRECT JOB EQUIPMENT 30% OVERHEAD ON EQUI~MENT TOTAL ON JOB SITE EQUIPMENT 15% MARK-UP ON JOB SITE EQUIPMENT $ 9,850.00 $ 4.221.42 14,071.42 $ . 2.48.3.19 16,554.61 $ 138,838.29 TOTAL ADDITIONAL REQUEST FOR CHANGE ORDER VERY TRULY YOURS, WEBB GENERAL CONTRACTING, INC. ~ o~~' .~ .'O./t:J -~ MA K. S I ' VI E PRES IDEN.T MKS/KS ATTACHMENT IV for CHANGE ORDER NO. 4 CY~bb Oenew eo,1-ti12CUnO, 8.V!.. o . 0 TEL 782-0880 LICENSED BUILDING AND ENGINEERING CONTRACTOR 30 S,W, 5TH COURT, POMPANO BEACH, FLA, 33060 .FEBRUARY 19, 1980 RUSSELL & AXON, INC. P.O. BOX'1837 DELRAY BEACH, FLA. 33444 ATTENTION: MR. GATES CASTLE PROJECT ENGINEER RE: SANITARY SEWAGE PROJECT, PART B, SECTION I, EPA NOC DELRAY BEACH, FLA. "53010 120~.':~ GENTLEMEN: ,WE ARE PLEASED TO OFFER THE CITY OF DELRAY BEACH A CREDIT OF $ 21,518.88 FOR THE DIFFERENCE IN INSTALLING ONE POLYSONIC FLOW METER WITH VAULT AS SHOWN IN YOUR DRAWING SHEET NO.6 OF 10, FILE NO. 637-591-12 IN LIEU OF THE FLOW METER AND METER PIT AS SPECIFIED IN PREVIOUS DRAWINGS AND DOCUMENTS. .VERY TRULY YOURS, ez-r-~~ ~C^SHMAN' EX'CU"Y' Y. 'RES. WEBB GENERAL CONTRACTING:, INC. LC/KS ... -' RESOLUTION NO. 2 -80 A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DE- CLARING THE EXISTENCE OF A PUBLIC EMERGENCY WITH REGARD TO THE NECESSITY OF IMMEDIATELY COMMENC- ING PLANS FOR THE EXPANSION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL FACILITY; APPLYING FOR EPA FEDERAL GRANT FUNDS; AUTHORIZING THE EXECUTION ON BEHALF OF THE BOARD OF THAT CERTAIN ENGINEERING CONTRACT AT- TACHED HERETO AS EXHIBIT "A", AND, FURTHER, SIMUL- TANEOUSL Y AUTHORIZING THE COMMENCEMENT OF COMPETITIVE NEGOTIATION FOR AN ENGINEER FOR SUCH EXPANSION PROJECT. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board, through fact-finding hearings and studies, has determined that there presently exists a public emergency with respect to the necessity for the immediate commencement of plans and grant applications for the expansion of the South Central Regional Wastewater Treatment and Disposal facility; and WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board desires to enter into that certain Engineering Contract with Russell &. Axon, Engineers-Planners-Architects, Incorporated, a copy of which contract is attached hereto as Exhibit "A"; and WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board desires to simultaneously commence competitive negotiation pursuant to Florida Statutes Section 287.055 and that, upon the completion of such competitive negotiation to hire the best qualified engineer for the rendering of the rema'ining engineering services for the expansion of the South Central Regional Wastewater Treatment and Disposal facility. NOW, THEREFORE, it is resolved that: I. A public emergency is hereby declared to exist with regard to the necessity for the immediate commencement of plans for the expansion of the South Central Regional Wastewater Treatment and Disposal facility in order to meet the projected demand for service within the South Central Regional Wastewater Treatment and Disposal Board's present service area as well as the additional service areas as defined in the Regional 201 Facilities Plan for such region. 2. 'the Chairman of the Board is hereby authorized to enter into, on behalf of the Board, that certain Engineering Contract with Russell &. Axon, Engineers-Planners- Architects, Incorporated, a copy of which is attached hereto as Exhibit "A", expressly subject to the severability clause provided for therein with respect to the Board simultaneously pursuing the consultant's competitive negotiations. 3. The Administrative Director is hereby authorized to immediately commence public advertisement for engineering services relative to the proposed expansion of the South Central Regional Wastewater Treatment and Disposal facility in conformity with the South Central Wastewater. Treatment and Disposal Board's Resolution 4-77 and Florida Statutes Section 287.055. ,11 .:z 7 day of 1YlA- Ck.1-\ , 1980, by the South Central RESOL VED this Regional Wastewater Treatment and Disposal Board. ~ ( c' .~ -' A~TTES~T: . ' ',:JI' ~1~_...:(\J) ./ S:9?tary The undersigned Cities of Delray Beach and Boynton Beach hereby ratHy the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Resolution. Witnesses CITY OF DELRA Y BEACH By: Mayor As to City of Delray Beach Attest:, City Clerk Approved as to form: City Manager (SEAL) City Attorney CITY OF BOYNTON BEACH By: Mayor As to City of Boynton Beach Attest: City Clerk Approved as to form: City Manager (SEAL) City Attorney ..4 ENGINEERING CONTRACT SOUTH CENTRAL REGIONAL WASTHIATER TREAH1ENT AND DISPOSAL BOARD WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board, (hereinafter referred to as the Owner) representing the Cities of Delray Beach, Florida and, Boynton Beach, Florida, provides Wastewater Treatment and Disposal Services for the area designated as the South Central Region of Palm Beach County, Florida. WHEREAS, said Owner has certified a public emergency as regards the immediate need for expansion of the existing Wastewater Treatment · and Disposal Facility, and WHEREAS, said Owner and Cities are making application to the United States Environmental Protection Agency (hereinafter referred to as EPA) for Step II Grant for Federal assistance for the preparation of final design, specifications; and contract documents for expansion of the treatment and di sposal facil iti es as requi red. WHEREAS, said EPA grant application requires compliance with certain EPA regulations regarding,the contract between the Owner and the Engineer, and the Owner and Engineer desire to comply with such regula- tions, and, in particular, Appendix C-l to 40 CFR Part 35-Subpart E dated September 27, 1978. Appendix C-l to CFR Part 35-Subpart E dated September 27, 1978 is attached and herewith made a part of this Agreement and identified as EPA Federal Register Vol. 43, No. 188, pages 44091, 44092 and 44093, attachment "A". WHEREAS, the Owner has previously employed Russell & Axon, Engineers-Planners-Architects, Incorporated, (hereinafter referred to as the Engineer) to prepare the Regional 201 Facilities Plan, and WHEREAS, the Owner requires professional engineering services for the design and construction of said expansion of the existing Waste- water Treatment and Disposal Facility. , NOW, THEREFORE, the Owner and Engineer in consideration of the mutual covenants hereinafter set forth as follows: 1. Scope of Work The engineering design will be directed to expanding the existing plant to provide secondary treatment. All work except the subaqueous crossing improvements will be designed to be located on the existing treatment plant site. Where feasible, the new facilities will be designed to provide a maximum level of commonality with the existing mechanical equipment. ' The services to be rendered by the Engineer under this Agree- ment shall include the Professional Engineering Services During Final Design Phase; Bidding or Negotiating Phase; Construction Phase; Resident Project Services; Preparation of Record Drawings; Preparation of Opera- . tion and Maintenance Manual as required by EPA regulations; and other Architectural-Engineering Services that may be determined necessary as a result of EPA regulations published at tne time of the signing of this Agreement. Professional Engineering Services for the Project 1. Genera 1 1.1 Consult with the Owner to determine the Owner's requirements for the project. 1.2 Advise the Owner as to the necessity ,of his providing or obtaining services such as legal surveys (but not limited to) or other data from others of the types necessary for the Project, and act as the Owner's representative in connection with any such services. ., -1- 2. Preliminary Design Phase 2.1 Based on the approved application figures, prepare a conceptual preliminary design in general accord with EPA requirements. 2.2 Prepare preliminary budget estimates as to cost of construction project costs, operation and maintenance cost for review by the Owner and the DER and EPA, 2.3 Incorporate above items 2.1 and 2.2 into a report for review and utilization by the Owner, the DER and EPA. 3. Final Design Phase After written authorization to proceed with the Final Design Phase, the Engineer will: 3.1 On the basis of the approved preliminary design documents, prepare for i ncorporat ion in the Contract Documents, detailed drawings to show the character and scope of the work to be performed by contractors on the Project (hereinafter called the "Drawings"). and instruc- tions to bidders, general conditions, special conditions and technical provisions (all of which are hereinafter called the "Specifications"). ,~ 3.2 Furnish to the Owner such documents and design data as may be required for, and assist in the preparation of, the requi red documents so that the Owner may secure approval of such governmental authorities as have juris- diction over design criteria applicable to the Project. 3.3 Advi se the Owner of any adjustment of the cost estimate for the Project caused by changes in scope, design requirements or construction costs, and furnish a revised cost estimate for the Project based on the final drawings and specifications. 3.4 Prepare proposal forms and notice to bidders and assist in the preparation of the Contract Documents. 3.5 Furnish five copies of the final Drawings and Speci- fications. 4. Bidding or Negotiating Phase After written authorization, as additional services to this agreement proceed wit~ the Bidding or Negotiating Phase, the Engineer will: 4.1 Assist the Owner in obtaining and evaluating bids or negotiating proposals and preparing construction contracts. 4.2 Consult with and advise the Owner as to the accepta- bility of subcontractors and other persons and organiza- t ions proposed by the prime construction contractor( s) (hereinafter called "Contractor(s)") for those portions of the work as to which such acceptability is required by the bidding documents. 4.3 This Phase shall terminate upon commencement of the Construction Phase or upon cessation of negotiations with Contractor( s). 5. Professional Engineering Services During Construction Phase The Engineer shall perform professional se~vices during con- struction in connection with the Project as additional services after -2- written authorization by the Owner. Such services shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural services incidental thereto. ' Under the Professional Engineering Services During Construc- tion Phase, the Engineer will: 5.1 Consul t wi th and advi se the Owner and act as hi s representative as provided in the General and Supplemen- ta 1 Condi t ions of the Construction Contract Documents; the extent and limitations of the duties, responsibili- ties and authority of the Engineer as assigned in satd General and Supplemental Conditions shall not be modified without the Engineer's written consent; all of the Owner's instructions to the Contractor(s) shall be issued through the Engineer who shall have authority to act on behalf of the Owner to the extent provided in said General and Supplemental Conditions except as otherwise provided in writing. '. \ 5.2 Make periodic visits to the site to observe the progress and quality of the executed work and to deter- mine in general if the work is proceeding in accordance with the Construction Contract Documents; he will not be required to make exhaustive or continuous on-site inspec- tions to check the quality of quantity of work; he will not be responsible for the construction means, methods, techniques; sequences or procedures, or the safety precau- tions and programs incident thereto; his efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Constructi on Contract Documents, but he wi 11 not be responsible for the failure of Contractor(s) to perform the construction work in accordance with the Construction Contract Documents; and during such visits, and on the basis of his on-site observations, he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the 'work of Contractor(s), and may disapprove or reject work as failing to conform to the Construction Contract Docu- ments. 5.3 Revi ew and approve shop drawi ngs, di agrams, ill u- strations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which any Contractor is required to submit, but only for con- formance with the design concept of the Project and compliance with the information given in the Construction Contract Documents; and receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. 5.4 Issue all instructions of the Owner to the Contrac- tor(s); prepare routine change orders as required; he may, as the Owner's representative, requi re special inspection or testing of the work; he will act as inter- preter of the terms and conditions of the Construction Contract Documents and judge of the performance there- under by the parties thereto and will make decisions on all claims of the Owner and the Contractor(s) relating to the execution and progress of the work and all other matters and questions related thereto; but the Engineer will not be liable for the results of any such interpre- tations or decisions rendered by him in good faith. 5.5 Based on his on-site observations,as an experienced and qualified professional and on his review of Contrac- -3- tor(s) applications for payment and supporting data, determi ne the amount owed to the Contractor(s) and approve in writing payment to the Contractor(s) in such amounts; such approvals of payment shall constitute a representation to the Owner, based on such observations and revi ew, that the work has progressed to the poi nt i ndi cated and that, to the best of hi s knowl edge, i n- formation and belief, the quality of the work is in accordance with the Construction Contract Documents, (subject to an evaluption of the work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in Construction Contract Documents, to mi nor devi at ions from the Construct i of! Contract Documents correctable prior to completion and to any qualifications stated in his approval), but by approv- ing an application for payment the Engineer shall not be deemed to have represented that he has made any exam- ination to de~ermine how or for what purposes any Con- tractor has used the moneys paid on account of the Con- tract Price. " 5.6 Conduct an inspection to determine if the Project is substantially complete and a final inspection (with the Owner, Proj ect Manager and Res i dent Engi neer in atten- dance) to determine if the Project has been completed in accordance with the Construction Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that the Engineer may approve, in writing, final payment to each Contractor. 5.7 The Engineer will not be responsible for the acts or omissions of any Contractor, any subcontractor or any of the Contractor(s), of subcontractors' agents or employees or any other person performing any of the work under the construction contract. 5.8 Prepare supporting documents for governmental grants, loans, or advances in connection with the Project. 5.'9 Submit weekly progress reports to the Owner. 5.10 Submit' monthly progress reports to the Owner, U. S. Environmental Protection Agency, Flori da Department of Environmental Regulation, and the U. S. Army Corps of Engi neers. 5.11 Submit weekly payroll certifications, as submitted by the Contractor(s), to the Owner. 5.12 Monitor Contractor(s)' submittal of required 257 Forms to EPA. 6. Resident Project Services Upon written authorization by the Owner, additional services as required by the Owner shall be furnished by the Engineer, including a regi stered profess i ona 1 engi neer to serve as the Res i dent Engi neeI'. Resident Project Inspector(s) will also be furnished and will act as directed by the Resident Engineer in order to provide more extensive representati on at the Project site duri ng construction. Such servi ces will be paid for by the Owner as indicated under Section III of this Agreement. The Resident Project Inspector is the Engineer's Agent and shall act under the supervision and direction of the Resident Engineer. He shall confer with the Resident Engineer regarding his actions; and shall generally communicate with the Owner only through the Resident Engineer. -4- The Resident Project Inspector shall: 6.1 Revi ew the progress schedul e prepared by. the Con- tractor for compliance with the contract and give advice to the Resident Engineer concerning its acceptability. 6.2 Attend pre-construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Resident Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. . 6.3 Serve as the Resident Engineer's liaison with the Contractor working principally through the Contractor's superintendent. Alert the Contractor, through his super- i ntendent, to the hazards i nvo 1 ved in accepting and acting upon instructions from the Owner or others, except such instructions transmitted through the Resident Engi- neer. Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. Assist the Resident Engineer in obtaining from the Owner additional details or information, when required at the Job site for proper execution of the work. 6.4 When requi red, assi st the Res i dent obtaining from the contractor a list of suppliers and sub-contractors. Engi neer in hi s proposed ,/ 6.5 Assist the Resident Engineer in obtaining field samples of materials delivered to the site which are requi red to be furni shed, and keep record of acti ons taken by the Resident Engineer. ~.6 Receive approved shop drawings and other submissions from the Resident Engineer; record data received, maintain a file of the drawings and submissions, and check con- struction for compliance with them. Alert the Contractor's superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advi se the Res i dent Engi neer when he be 1 i eves it is necessary to disapprove work as failing to conform to the Construction Contract Documents. ' 6.7 Conduct on-site observations of the work in progress for the Resident Engineer as a basis for determining that the Project is proceeding in accordance with the Construc- t i on Contract Documents, and report to the Res i dent Engi neer whenever he bel i eves that any work shoul d be rejected or specially tested, or that the work should be stopped to insure that the completed Project will comply with the requirements of the Construction Contract Docu- ments. Verify that tests, including equipment and systems startup, which are required by the Construction Contract Documents are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Resident Engineer appropriate details relative to the test procedures and startups. 6.8 Transmit to the Contractor the Resident Engineer's interpretations of the Construction Contract Documents. -5- -~ 6.9 Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommendations to the Resident Engineer, 6.10 Maintain at the job site orderly files fo correspon- dence, reports of job conferences, shop drawings and other submi ss ions, reproductions of ori gi na 1 contract documents i ncl udi ng a 11 addenda, change orders, fi e 1 d orders, and additional drawings issued subsequent to the award of the contract, the Resident Engineer's interpre- tations of the Construction Contract Documents, progress reports, and other Project related documents. . Keep a written record of hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general and specific observa- tions in more detail as in the case of observing test procedures. Record names, addresses and telephone numbers of a 11 Contractors, subcontractors and major material suppliers. Maintain a set of drawings on which authorized changes are noted, and deliver to the Resident Engineer at the completion of the Project. 6.11 Furnish the Resident Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved progress schedule. Consult with the Resident Engineer in advance of scheduled major tests, inspections or start of important phases of the Project. . 6.12 Review applications for payment with the Contractor for camp 1 i ance .wi h the estab 1 i shed procedure for thei r submission and forward them with recommendations to the Resident Engineer, noting particularly their relation to . the work completed and materials and equipment delivered at the site. 6.13 During the course of the work, assemble Guarantees, Certificates, Maintenance Operation Manual s and other required data to be furnished by the Contractor and upon acceptance of the Project, deliver this material to the Resident Engineer for his review and forwarding to the Owner. 6.14 Prior to inspection for substantial completion, submit to the Contractor a list of observed items requir- i ng correction. Conduct final inspection in the company of the Project Manager, Resident Engineer and the Owner and prepare a final list of items to be corrected. Verify that all items on final list have been corrected and make recommendations to the Resident Engineer con- cerning acceptance. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Inspector and assistants, the Engineer will endeavor to provide further protection for the Owner against defects and deficiencies in the work, but the furnishing of such resident project representation shall not make the Engi- neer responsible for construction means, methods, techniques, sequences or procedures or for the Contractor(s)' failure to perform the construction work in accordance 'with the Construc- tion Contract Documents. -6- 7. Preparation of Record Drawings Upon written authorization by the Owner"additional services shall be furnished by the Engineer, including preparation of a set of reproducible record prints of Drawings showing those changes made during the construction process, based,on the marked-up prints, Drawings and other data furnished by the Contractor(s) to the Engineer and which the Engineer considers significant. 8. Preparation of Operation and Maintenance Manual Upon written authorization by the Owner, additional services shall be furnished by the Engineer, including preparation of an Opera-- tion and Maintenance Manual in conformity with Environmental Protection Agency requirements for PL 92-500 projects. 9. Other Architectural-Engineering Services Upon written authotization by the Owner, the Engineer will perform other architectural-engineering services as required by the Owner, and/or the U. S. Environmental Protection Agency, to comply with State or Federal government regulations. 9.1 The Owner may. at any time. by written order, ,make changes within the scope of this Agreement for the ser- vices or work to be performed. If such changes cause an increase in the Engineers cost of, or time required for, performance of any services under this Agreement, whether or not changed by an order, an equitable adjustment shall be made and this Agreement shall be modified in writing. 9.2 The Engineer shall not furnish any services requir- ing additional compensation without written authorization from the Owner. II. Period of Service The Engi neeri ng servi ces under thi s Agreement will commence after written authorization from the Owner for each Phase, or with the execution of tne Grant Offer for the Step II Grant Services for the Project design, which ever occurs first, and will terminate upon written approval of final payment by the Owner to the Engineer, subject to the severability as written in Section XIII. Each Period of Service for each phase of the Professional Services. as detailed or outlined under Paragraphs 1 through 9 of this agreement shall be negotiated and agreed upon in writing between the Owner and Engineer prior to commencement. The Period of Service for the Engineering Services under the Final Design Phase shall be 180 days after authorization by the Owner. All other periods of services for the remaining phase shall be as shown on the project schedul e i1ttachment "B". If the Owner has requested significant modifications or changes in the scope of the Project. the time of performance and compensation to the Engineer shall be adjusted accordingly. The Project schedule computation. on the attached draft. schedule is an integral part of the compensated The anticipated profile schedule assumed is shown If the construction of the Project is delayed significantly for reasons beyond the Engineers control. the various rates of compensa- tion provided for elsewhere in this Agreement shall be subject to rene- gotiation. -7- Ill. Compensation The, engineering fees for the services to be performed for the Owner are fixed fees for (1) Preliminary Design Phase, 9 MGD expansion $87,535 or'12 ~1GD expansion $117,310;(2) Final Design Phase, 9 MGD expansion $204,249 or 12 MGD expansion $273,722; (3) Professional Engineering Services During Construction Phase. 9 MGD expansion $lln,272 or 12 MGDexpansion $131,D8; (4) Resident Project Services, 9 MGD expansion ,$230,857 or 12 MGD expansion $242,132; '(5) Preparation of Record Drawings, 9 MGD expansion j21,772 or 12 MGD expansion $23,482; (6) Preparation of Operation and Maintenance Manual, 9 MGD expansion $30,093 or 12 MGD expansion $36,542. Any other Architectural-Engineering Fees for services provided in accordance with paragraph 9 above will be negotiated with the Owner and processed as a change order to this agree- ment upon written authorization from the Owner to provide such additional services as defined in the Contract between the Engineer and the Owner that is now in effect. The compensation is expressed alternatively, relative to,a 9 MGD or 12 MGD expansion. The actual compensation shall be detennined. by the volume of exp~nsion de.sigriated in the EP,l\ grant offer. : 'In the event that there is a modification of the United States Environmental Protection Agency requirements relating to the services to be performed under thi 5 Agreement subsequent to the date of execut i on of thi s Agreement, the increased or decreased cost of performance of the services provided for in this Agreement shall be reflected in an appropriate addendum to this Agreement. A. Hourly Rates: The fees hereby estab 1 i shed may not be exceeded except as authorized in writing by the Owner. If the Owner requests additional personnel be, assigned to the project which will exceed the attached Project Budget sheets (EPA Form 5700-41) and/or fees established, the agreement shall be modifi~d accordingly. The hourly rates by labor category as shown below are hereby established as current average rates for budget preparation purposes. LABO'R CATEGORY Principal Project Manager Senior Engineer/Project Engineer Design Engineer/Sr. Spec. Writer/Surveyor Engineering Technician I Engineering Technician II Senior Draftsman/Spec. Writer Draftsman I Draftsman II/Surveyor Rodman Clerical Resident Resident Resident Res,i dent Engineer Project Inspector Project Inspector Project Inspector I II III AVERAGE SALARY RATE $40.00 19.50 13.50 10.00 8.50 7.50. 8.50 6.50 6.00 5.50 13.50 9.00 8.00 7.00 The overhead rates used to calculate fees are based on audited rates by the U. S.Environmental Protection Agency for the Fiscal Year ending September 3D, 1977. Should these rates be subsequently increased ~r decreased by the EPA, the rates herein will be changed accordingly. B. Direct Cost: (1) Travel costs directly related to this Project are calcul- ated at the current rate of $0.185 per mile. ,Mileage will be included in the fixed fee at the current rate and as necessary. The mileage rates used are based on current allowable rates established by the EPA. Should these rates be subsequently increased by the EPA, the rates herein will be changed accordingly. -8- (2) Other direct costs such as equipment, materials, supplies, (etc;) related to this project are included in the calculations of the budget sheets at estimated costs. IV. Personnel and facilities The Engineer warrants that they now have or will secure at their own expense, all personnel required to perform the services under this Agreement within the required completion dates set forth in Section II above. 'Such personnel are not employees of nor have any contractual relationship with the Owner. All personnel in the work shall be fully . qualified. . ,V. Subcontractors and Consultants The Engineer does not anticipate the need to hire subcontrac- tors and consultants to perform the engineering services contemplated under the terms of thi s Agn:ement in an amount to exceed $5,000.00. However, , if the Engineer is required to perform services under this Agreement~ outside of the normal range and scope of engineering services by the use of special consultants in other professional fields (by way of example, but not limited to, professional land surveyors, lawyers, accountants, archeologists, ornithologists and other types of special consultants) the Engineer and Owner shall negotiate the terms of employ- ing such subcontractors and consultants at the time their services become ,necessary. VI. Accounting Systems The Engineer shall have an accounting system which accounts for costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable project costs among projects. The Engineer must propose and account for costs in a manner consistent with his normal accounting procedures. VII. Reports of Work The Engineer shall present status reports on the projects in a format acceptable to the Owner. VIII. Payments to the Engineer Payments for engineering fees earned, for the various items of work performed shall be in accordance with the following schedule'and as outlined in attachment "A". A. Professional Engineering Services for Preliminary Design Phase The fixed fee amount of $87,535 - 9 MGD expansion or $117,310 - 12 MGD expansion for the project shall be earned based on a straight line projection at the-contract time period of six (6) weeks as specified in the authorization of the Board at the special meeting on March 12, 1980. During the Preliminary Design Phase the fixed fee amount shall be paid by the Owner to the Engineer in two (2) equal monthly payments. B. Professional Engineering Services During Final Design Phase The fixed fee amount of $204,249 - 9 MGD expansion or $273,722 _ 12 MGD expansion for the project shall be earned based on a straight line projection of the contract time period as specified in the Period of Service outlined .in Section II. During the Final Des5gn Phase, the fixed fee amount earned shall be paid by the Owner to the Engineer in equal monthly payments. C. Professional Engineering Services During Construction Phase The fiXed fee amount of $110,272- 9 I:lGD expansion or $131,178 _ 12 MGD expansion for each project shall be earned based on a straight line projection of the construction contract ,time period as specified in , ", , each of the construction contracts. During the construction phase, the fixed fee amount earned shall be paid by the Owner to the Engineer in equal monthly payments. D. Resident Project Services The fixed fee amount of $230,857,--9 MGD expansion or $242,132 '_ 12 MGD expansion for each project shall be earned based on a straight line projection of the construction contract time period as specified in ,each of the construction contracts, During the construction phase, the fixed fee amount earned shall be paid by the Owner to the Engineer in equal monthly payments. . E. Preparation of Record Drawings ,he fixed fee amount of $21,772 - 9 MGD expansion or $23,482 _ 12 MGD expansion for preparation of the record drawings for each project shall be earned in proportion to the percentage of completion of the drawings., ,The fee earned shall be paid by the Owner to the Engineer in monthly payments in proportion to the percentage of completion of the ' . record drawings. F. Preparation of Operation and Maintenance Manual The fixed fee amount of $30,093 - 9 MGD expansion or $36,542 _ 12 MGD expansion for preparation of the Operation and Maintenance Manual shall be earned in proportion to the percentage of completion of the manual. The fee earned shall be paid by the Owner to the Engineer in monthly payments in proportion to the percentage of completion of the 0 & M Manua 1. IX. Audit Rights The Owner reserves the right to audit the records of ,the Engineer at any time during the prosecution of this Agreement and for a period of "three years after final payment is 'made under this Agreement. x. Entirety of Agreement No alteration, change, or modification of the terms of this Agreement shall be valid. unless made in writing and signed by both parties hereto. This 'Agreement, regardless of where executed, shall be governed by and construed accordi ng to the Laws of the State of Flori da, XI. Ownership of Documents , A 11 reports, trad ngs, plans, sped fi cat ions, fi e 1 d booh, surveying information, maps and contract documents developed for pur- poses of this Project shall remain the property of the Engineer. The Engineer shall furnish the Owner with a certified copy of all documents and the Engineer shall be responsible for the integrity of the drawings and specifications. XII. Insurance The Engineer shall not commence work on this contract until he has obtained all insurance required under this paragraph and such insur- ance has been approved by the Owner. ' The Engineer shall maintain during the term of this Agreement the fo~lowing insurance; Automobile Liability Insurance covering all owned. non-own'ed, and hired vehicles in the amounts of not less than $100.000.00 per person and $300,000.00 ,per accident for bodily injury and $50,000.00 for property damage. !'. .... -10- ::.\~ The Engineer shall maintain during the term of this Agreement, and for a period of two years after completion and acceptance of the Project, the fOllowi,ng insurance: Professional Liability Insurance in an amount not less than $1,000,000.00 (deductible permitted not in excess of $25,000.00) providing for all sums which the Engineer shall become legally ob 1 i gated to pay as damages for cl aims a ri sing out of the ' services performed by the Engineer or any person employed by him in connection with this Agreement. At the option of the Board, the Engineer shall apply for and obtain additional Professional Liability Insurance coverage in an amount of J, IM() J 11(,)() ,for a period of I years. All premiums for s lfch coverage sha 11 be pai d by the Boa rd. All Insurance Policies shall be issued by companies authorized to do business under the Laws of the State of Florida. ; The Engineer shall furnish certificates to the Owner, prior to the commencement of operations, which certificates shall clearly indicate that the Engineer has obtained insurance in the type, amount, and classi- fications as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the Owner. Compliance with the foregoing requirements shall not relieve the Engineer of his liability and obligations under this Agreement. XIII. Severability The Owner and the Engineer recognize and agree that the Owner is proceeding simultaneously under the provisions of Florida Statute 287.055, the Consultants Competitive Negotiation Act, with the competitive selection of an engineering firm to perform the required engineering work for the expansion of the Wastewater Treatment and Disposal Facility, as described herein. Because of the existing emergency condition, Engineer is specifically directed to proceed under the terms of this Engineering Contract., However, at such time as the Owner has completed the negotiations' and has entered into a Contract for Engineering Services as a result thereof; and in the event such contract is with' an engineering firm other than the Engineer, Engineer recognizes that the contract may be terminated by the Owner. The parties recognize the applicability of Appendix C-l to 40 C.F.R., Part 35, Sub-Part E dated September 27, 1978, and do expressly stipulate that the employment of another engineering firm other than the Engineer shall be deemed for the convenience of the Owner and that the Engineer hereby waives the right to an opportunity for consultation with the Owner as terminating party prior to termination; and further stipulates that the equitable adjustment provided in the above referenced Appendix C-l shall be an amount equal to the percentage of completion of services rendered ny the Engineer to the date of termination in relation to the amount of compen- sation provided for in the contract for the complete rendering of such services. Nothing described herein shall limit Engineer's rights to partic- ipate in the competitive qualification and selection process to be conducted by Owner under the Act. XIV. EPA Approval of the Contract This contract is contingent upon approval of the terms and conditions of the contract by the United States Environmental Protection Agency. -11- IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of 27 MM2-e.-1-I ICJ't'O , ATTEST: SOUTH CENTRAL REGIONAL WASTEWATER TREAT ENT AND DISPOSAL BOARD ATTEST: RUSSELL & AXON . ENGINEERS-PLANNERS-ARCHITECTS, INCORPORATED By Milton L. Hallman, Jr. Vice President and Southeas t Flori da Area Manager . APPROVED AS TO FORM: ~?:;efI APPROVED AS TO FORM: City of Boynton Beach Attorney Mayor Uate Ratified by City of Boynton Beach City of Delray Bea~h Attorney Mayor , Uate . Ratified by City of Delrav Beach ;1 -12- RUlES AND REGULATIONS 44091 ... ..,...... II IL." I T'\ b b8.S(:d on a constant cost P<=f unlt ot COD. , sumpUon. MPDUJlX C-I-REQUIllXD PROVISJOH'S_ CONSULTlNc; EHCINXDUNC AcR.l:l:N..DfTS 1. GeTH!ral 2. ResJl'Otl3lblllty of the Engineer 3. Scope of Work 4. Changea ~. Termination 8. RemedJe8 .,. Payment 8, ProJ<Ct 0e$1." 9. Audit; Acces4 to Records 10. Price RedutUoo for' Defective Cost or Pricing Data 11. Suboont.ru:ts 112. Labor Standa.rds 1 13. EQual Employment OpportunIty 114. Utlltz.atJon of Small or Minority Busl- n... 115. Covenant Axa.1nst ConUnaent Feea 18. Gratuities . .17. Pat.enta 18. CopyrIghts. and Rlihta In Da.ta I ',CENERAL ! Ca) The owner and the engineer agree that I the following provisions apply to the EPA I eranwlIgible work to be pe.rfonned UDder I th1a agreement and that such provIsions su- persede any con!l1c:Ung provisions of this agreemenL (b) The work under this agreement 1s funded in part by a nant trom the U.s. En- vironment.al Protection Agency. Neither the United State!l nor the U.S. Environmental Protection Agency (hereinafter. .'EPA") Is a party to this agreement. This agreement whIch covenan.nt-ellgible work is subject to regulatlom contained In 40 CFR 35.936. 35.937. and 35.939 In effect on the da.te of execution of this agreement. .As used In these clames, the words ..the date of execu~ tlon of thb agreement" mean the date of execution of this B.greement and any subse- quent modUlation of the terms, compensa. tlon or scope of servIces pertinent to unper- formed work. (c) The owner'a rights and remedle3 pro- vided In these clauses are in addition to any other rights and remedies proylded by lAw or this agreement. 2. JlT.S!'OlfSIBn...tTT or THE EN'CINEDl (a) The engineer shall ~ reBl>Onsfble for the professlon&l Quality, technical accuracy. timely completion. and the coordinatIon of all designs, drawlnp, specifications,. reports, and other servioes furnlshed. by the engl. . neer under thla agreement. The engineer ahBll, wIthout addlUonal compensation. CQI". tect or revise any errors, omissions. or other deflclencles In his deslgru, drawings" &ptc1!j. cations, report...s, and oUler services.. j (b) The engineer shall perfonn such 1'1"0- fesstonaJ. services na may be necessary to a,c. compl1.sh the work required to be performed under t.hia: agreement. in accordance with this agreement and appllcable EP A require. ments in effect on the. date of execuUon of this agreement. (e) The DWJ:u~r'a or EPA"s approval of drawlnp" designs, specUJcaUons. reports. and 1ncldenW engineering 'WOrk or m.aterl. als furnished hereunder shall not in any way relieve the engin~ of responsibility for the t.echnical adeQuacy of his work.. N ef~ thee the owner's nor EPA'. review. approval or a.ocept.a,noe of. nor payment for. any of the z;ervlces shall be <:on:strued to operate as a wa.1ver of any rights under this agreement or of any c:aw.e of a.cUon arlstna oul 01 lhe perlormance of thlA aV"eement.. (d) The ena1.neer &ha.ll bf': and shall rernaln lJable.1n a.ccordance wlLh appIlc:a.ble law, for all dama.ges to the owner or EPA cau.sed by the ene1neer'. nerJlienl performance of &nY of the aervkea furnished under th.1; agree- ment., exoept for errors. om.J.sslons or other defkJenc1ea to Ule extent. at.trlbutAble to the owner. owner.funU.i;hed d&ta or any third party. The enaineer shall not. be responsible tor any time delay. in the project uused by clrcumst..anoCs beyond the enidneeu'. con. troL Where lnnova.Uve proces.sea or tech. nJQue.s (.see to ern 35.008) arc recQl:I1J:nend. ed by the en~eer and .are used, Ule ene1. neer shall be Uable ooly fOF iTCWl nellla'ence' to the extent ol such use. !.:. aeon 07 woo The aervk:ea to be perfonned by the enrJ. neer shall Include all services r91u1red to complete. the task or Step in &ceordance with applIcable EP A fel'Uldlona (40 CFR Part 35. Subpart E In effect. on the date of executioo of thb a.p-eement) to the c:ztent of the scope of work as defined and set out In the engineering services a.greement to which these provlsJons are att.a.ched.. .., CHAlfCES (a) The owner may. at any time. by writ- ten order. ma.ke chlUlgeS within the reneraJ scope: of thl. agreement 10 the aervioe.l or work to be perfon::a.ed. U such chana't:3 cauae . an Increase or decrease in the enrlneer'. cost of. or time required for, performance of any aerv:1cea under thia a.greement, whetber or not changed by any order, an equJt&ble adjustment &h&ll be made and thb agree- zneot shall be modified lD writing aceord..lna'~ ]y. The engineer must assert &n,y cla.1J:n for adjustment under thLs cl.a.u.se in wr1tlna' within 30 days from the da.te of receipt by the engineer of the not1!Jca.tlon of chan.ae, unless the owner grants a further period of time before the date of final paymen~ \Ulder this agreement. (b) No services for which an addlUonAl compensation will be cha.rged by the eng1~ neer shall be flll'n15hed without the wrltt.en authorization of the owner. (e) In the event thAt there ls .. modJ!lca~ tfon of EPA TeQulrementa rel&tLnz to _the services to be performed under this ~ ment a.tter the date of execution of thla agreement.. the increased or- decrea.sed cost of perform.a.nce of the &ervices provided for m thLs agreement sh.a.lJ be reflected in an appropr1a.te modillcaUon of this agreem.ent. S. Tl:RMD"fATIO!f (a) Either pa.rty may t.ermlrate lhla agree. ment, in whole or In pa.rt., in writing, U the other party substantlally fa.ils to fulfill Ita obligation.! under this agreement throuah no fault of the term1.:1aUng puty. However. no such termina.tIon ma.y be effected unless the other part,. b given (1) not less than ten nO) calendar day. written notice (delivered. .by certllled J:O.&1l. return recelpt requested) of intent to te.rm.1nat.e and (2) an oPPOrtuni- ty - for consuJU.tJOll with Ute tamLnaUnr party belore tennlnaUon. (b) The owner nay t.erm1nate t.b.b agree. ment, 10 whole Ol' Ln part, In writing, fox Ita CODven1ence, if the t.erm.tn.a.t1on Is tor good cause (.i:uch a.s for legal. or t1.ru.nclal reasons, m.a.}aI" ch.anga in the work or program reo-- QWrements. lnIUaUon of a new step) and the engineer is Biven (1) oot less tha.n teo. nO) calendar days wrltt.eD DOUce (delivered by noDAL atGISTD. VOL ~ NO. I_WEDNESDAY. SlPTfMUa"O, 1978 ~, 44092 certllled mall. return receipt requested) of lntt:nt to tennlnate. and (2) an opportWllly for cOrulultatlon with the tennlnatlng party before termtnatfon. ee} If the owner tennlnat.ea tor default.. an eQuJtable a.dJuslment in the price provJded tor In thla ap-ttmenl _hall be made. but (1) no amount .hall be a.llowed for anticipated protlt on unperformed aernces or other work, and (2) any payment due to the engI. neer .t the tlme of termination may be ad. Justed to the extent of any additional costa the ownCJ' lncura because of the enR1neer'a default. If the entdneer terminates tor de- fault or 11 the owner term1n.a.tea for convene ience, the equitable adJust.tnent 8hall In. clude a reasonable profit for servlce8 or other work ~rtormed. The equitable ad. Jwtment for any termlnaUon 5halJ prOvide for payment to the engineer for services rendered and experuse!l Incurred before the tenn1naUo~ In addition to termination ut- tlement COIits the engineer "reasonably Incurs relatlng to commitments which ha.d. become finn before the termlnaUon. - Cd) Upon receipt of a termfnatlon action under paragraphs (a) or (b) above, the engt~ . neer shall (1) prompUy dJBconUnue all ser. vtces affected (unless the notice directs oth. erw1.se), and (2) deltver or otherwise make available to the owner all data. draw1ngs. spec1!1caUons. reports. eatlmatea. summar. Jea and such other lnfon:D.aUon and mated. alB' as the ena1neer may have accumulated !h perfonnJ.ng this agreement: whether com. pleted or in procesa.. (e) Upon termination under paragrapha; (a) or Cb) above, the ,owner may take over the work and prosecute the same to comple- tion by agTttment with another party or otherwbe. Any work the owner" takes OVer lor completion -will be completed at the owner's risk, and the owner will hold harm. less the engineer from all claims and dam. ages artslna out of improper USe of the eng1. nee,.', work.. (f) U. after termlnatlon for laflure of the engineer to fulfill contractual obIlgatlolUJ, It 1B determined that the engineer had not 80 faIled, the terminatfon sh&Jl be deemed to have been effected for the convenJence of the owner: In such event. adjustment of the prlce provided lor In thLs a.greement shall be made" aa paragraph (c) .of this clause pro- videa. .. Jtna:DIZS Except aa th1a agreement otherw1.5e pro- vides. ILll cla.lm$. counter-clalma, disputes. and other matters in Question between the owner and the engineer arising out 01 or re.. latlni" to thla agreement or the breach of It will be decided by arbitration 11 the Parties hereto mutually agree, or In a court of com. petent JurlsdlctJon within the State In which the owner fa located. '7.J"AYJalIrr (a) Payment shall be made In accordanee with the pAyment schedule Incorporated In thIs agreement as BOOn ... practicable Upon aub.m.l.&sJon of statements requea:t1n&' pay. ment by the engineer to the owner. It no such payment schedule b mCOl'POrated in t.h.1s ~ent,. the payment pron,lona of paragraph (b) of this clause shall apply. (b) The engfueer may reQuest monthly proi'TeSS paymenta and the" ownerahall make them aa aoon ILlI practicable upon sub- mission of .tatements requesting payment by the enaineer to the owner. When lruch pl"O~ payments are made. the owner may RULES AND REGULATIONS w1lhhold up to ten (0) percent of the you. chered amount untU SAtisfactory completion by the engineer of work and servJces within . step called for under thb agreement. When the owner determlnea: that the work under th1.s agreement or any Bpecllled ,tuk hereunder 1a substantially complete and that the amount of retained percentages .Is In excess of the amount considered by him to be adequate for h.ls protection, he ahall release to the engineer such eXCe&8 amount.. (c) No payment request .made under para. IrT&ph (a) or (b) of this clause shall exceed the ~tl.mated amount and value of the work and "aemc:es performed by the enK1neer under this agreement. The engineer &ha.ll prepare the estimates of work performed and shall supplement them with such aUJ> POrting data a.s the owner may reqUire. . (d) Upon aat1&factory completion of the work performed under thla aiTeement" as a condition precedent to fl.na1 payment under th1s agreement or to settlement upon t.ermJ. DAtion of the agreement, the endneer shall execute and deliver to the owner a release of all claJ.ma aga1n.st the owner arising under or by virtue of th1s agreement" other than .uch claJ.ma, 11 any. &!l lnay be Bpec1!lca.lly exempted by the engineer from the opera allon of the release In stated amounts to be set forth therein. a. PRo.n.cr >>UIClf (a) In the performance of this agreement, the engineer shall: to the extent practJcable, provide for maxLmum uae of .structures. ~. chlnes. product!:, materlals, "construction methods, and equipment which are read.11y avallable through competitive procurement, or through standard or proven production technh:~uea, methods, and processe:l, consIst- ent w:lth 40 CFR 35.936-3 and 35.936-13 in effect on tlie date of execution of thls"iL.aTee-- ment, except to the extent to whIch lnnova. tlve technology Inay be used under 40 CPR 35.908 in elfecton the da.te of execution of th.l.s agreement. .' (b) The engineer shall not. In the perform. .ance of the work under thlB agreement" pro- duce a des1an or specl!tcaUon which would require the use of structures, machines. products, miLterla.b, construction methods" eQwpment. or J)roce&.'Je3; which the enatneer knoWB to be ava.1lB.ble only from & sole aource. unlesa the ens1neer has adeqWLtely Justl!ied the use 01 a sole source In wrlt1ng. (c) The ena1.neer shall not,.in the peiform. ance of the work under tb.1s agreement. pro- duce a design or apec1ficatlon which would be restr:lctfve in violation of see. 204(aX6) ot the Clean Water Act. "I'b.1!J statute l"eQu.1.re!I that no speclflcatlon forbJds or statement of work ahall be wr1tte.n in such a m.an.ner as to contain proprietary, exclualonary, or ais. crtm1natory l"eQu1rementa other than" those based upon .,perfonnance. unless web re- Quirements are neces&a.r'J' to test or demon. atrate & specUlc tbing, or to Provide lor nee- es.ury tnterch.&ngeabWty of part.a: and equJpm"ent, or at le8.st two brand Dames or "t.n.denamea of comparable Quality or utUlty are l1.!rt.ed and are followed by the words "or equal" With "regard to .mate:r1als" if a single nlaterlal ta BJ>eClliecL the engineer must be prepared to substantla.te the ba.sb for the selectJon of the material. (d) The engineer shall report to the owner any sole.soutee or restrlctJve design or specl. fJcaUon Irtvlng the reason or reasons why It 1& necessary to restrict the deslBD or Bpeclti- caUon. (e) The rnrlneer aha.U nol knowlnalJ' speelty or approve the perlormance of work at a fa.cllJty whIch 14 In vlolatlon of clean aIr or water standards and which fa Jisted by the DIrector of the EPA OltJce of Federal AcUv1Ues under 40 CPR Part 15. .. AtJ1)IT; Acass TO Jt.r;C()'!Ds . (a) The engineer shall malnta.1n boob, records," documents. and other evidence dJ. rectly pertinent to perfoimanee on EP A arant work under thla ~ment In a.ccord~ ance with lenerally .accepted account~" prtnc.Jples and practlcea corulstenUy aJ):- pJJed, and 40 CPR 30.605..30.805," Md 35.935- 'I In effect on the date of execution of th1a agreement... The eI18ineer shall aho main. taJn the flnancJa11nlormatlon and data U&ed by the engineer in the preparation Dr sup. }>Ort of the OO5t subm.l.s8lon required under 40 CPR 35.937-6(b) in eflect on the date of execution of thb azreement an~ a copy of the coot sUl:lll:D.&ry submJtted to the owner. The U.s. Environmental Protection Agency, the Comptroller General of the UnJted States, the U.8. Department of Labor, owner, and (the State water POllution con. trol agency] or any of their duly authorized. repre3entatlves shalJ have a.c.Ceo.8 to such books. records, documents. and other evi. dence for 1napectlon, audit, and copyin&'. The. engineer will provJde proper fa.c1lJUea for such 8.CCe33 and lnspectlolL (b) The engineer agrees to include para. graphs (a) through Ce) of thLs clause In aU his contracts and all tier BUbcont.ra.cta dJ. recUy related to project perfonna.nce that are in excess of $10.000. (c) Audits conducted unde.r th1.s provision aha.U be in accordance with generally ac- cepted audlt1nz sla.ndJLrds and established procedures and auldellneil of the re-view1na or audit 8.gency(Jes). (d) The engineer agr~ to the disclo.sUTe of aU tntonnaUon and repom resultt.nz from access to records under paragraph.!; ,(a) and Cb) of thJ.s clause, to any of the aa-encfea referred to In paragraph Ca), provIded that the engineer 18 afforded the opportunity for an audit exit conference and an opportunJty to comment and Bubmtt any 5Upporttng doc.- umentation on the pertinent portions 01 the draft audit report and that the final audit report w1lllnclude written eomments of rea.- aonable length. U any, of the engineer. " (e) The engineer shall maintain a.nd make avafiable records under paragraphs (I.) and Cb) of th!s cJ.a.us.e during performance on EPA In"&Dt work under th!a agreement and unW 3 ye&n!l from the date of" final EP A grant payment for the project. In addltlon,- those record3 whlch rels.te to any "Dispute" appeal under an EPA grant. agreement., to lItlgatlon,.to "the settlement ot cla.!m.ll a..ru,.. 1ng out 01' BUch performiLnce, or to co.s:t.s or Jtems to which an audit exception has .been taken. 1lha.l1 be malntalned and made .valla. ble unUl 3 yean after the date of resolution of such appeaJ. lIti&:ation, claim., or excep. tlolL " 10. :r:aICE lU:tJt1CTIOlf }'Ox :o~ COST OJl J'JUCDfQ DATA. (7'7lu clatUe U ap;,ltcab~ if fh,e amount of thu a.{17U7n.nlt e:rCUlU 1100.000.); (a) If the owner or EPA determInes that "any price, includln.4' Profit. DesroUated In connection with thh a.greement or &IlY cost reimbunable under t.hia; agreement was" m.. c:reased by any sl.gnl!lcant Sl1IIU becau&e the engineer or any Bubcont.ra.ctor furnJshed 1n. complete .or 1naccurate coat. or prlcl.na' data fEDEIlAl. UGISTEIl, VOL 43, NO. lla-WEDNESDAY, SErnMIOEK 77, 1971 (a) IUt is tound., after notice and hearing, by t.he owner that the engineer, or any at the engineer'8 agents or representatives, al- tered or gave gratuJtfes Un the form ot en. krt.a.1nment. g1[ts, or otherwise), to any oln_ cia]. employee. or agent of the owner. of the Sta~. or of EPA in an attempt to &ecure a cont.ra.ct or favorable treatment In award_ mg, amending... or. maklog any detennlna_ tJons !"elated to the perlonnanc.e of this agreement. :the owner may. by wr1tten tloUce"to Ule engineer.. terminate the right at the engineer to Pl"oceed under this agree- ment. The owner may also Pursue other rights arid remedies that the lawOl' thls agreement Provides. However. the exIstence 01 the fs.cts Upon whIch the owner ba.ses .uch Ilnd.in.p .shall be In issue and tnay be reviewed in proceed!ri8s under the J"e.tnedle.s clause ot this ~nt. Cb) In the event thIs agr-eeznent is termi_ nated a.s provided 1n pahlgraph (a) hereof. the owner .shall be entItled: Cl) To pursue the S&lne remedies ai"ainst the engineer as It could Pursue in the event of a breach of the contract by the engineer. and (2) as a penaJ- ty, In add.Jtlon to any other damages to whlch Jt may be enUtled by Jaw, to exempla_ . ry damages in an a.mount (as detennlned by : the owner) which sh.a.ll be not less than 3 l nor more than 10 times the costs the engi_ neer incura in Providing any .such In'atuitJe3 I to any such oUlcer or etnployee. 'r l'r. PA.TENrs i II thb a8Teetnent tnvolves research. dt!vel- opment.al, experilnental, or demonstration work and any dhcovery or invention a.rlses or 1s developed In the course of or under t.hh JlE1"eement. such invention or d1seovery shall be Subject toO the reportlng and lights prOvisions of subpart D of 40 ern part 30, in effect on the date of execution of this agreement, including appendix B of part 30. In such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and sha.U otherwise comply \VIth the owner'". -responslbllltfe3 in accordance with SUbpart D of 40 CPR part 30. The eIlg1neer agTees that the disPOsition of rights to inventioIl3 made under this agreement shall be in accordance with the ternu; and condftlons of appendfx B. The en- gineer shall Include awropriate patent pro- v1s101l3 to B.C.h.leve the PUlJ>Ose of this condJ- tfon to all subcont.raets involvfng research. . development.&J, experimental. or delllo~tra_ tlon work. or data not current a.s certJ/Jed in his ceTtUI. catJon 01 CUlTf'..nt COl>t or Prtclni' data (EPA torm 67()0.....41). then lIuch price. cost.. or profJt .haJJ be reduced accordingly and the agreement IIhall be rnod1fJed in Wrltlnz to reflect .uch reductJon. (bJ Fallure to agree on a redueUon shall be .ubJect to the remedJes clause of thb aaTeeme.nt. (NotL-Sf~ Ole aureement U .ubkct t/) reduction under thb claw~ bv Tt~on of tk- fecttw COlt or Pricing data .ubmftted in conn<<ttOK 1D1.th c~rta.fn .ubcontrac~ the e:nvf~er. ma~ 1DiIh t/) ~nclu.ck a. clau.s~ ~" ~a.ch ..Uch .ubcontract reqUiring ~ ,fubcon~ tnu:tor to lfP1Jropriale1v fnrkmnt.l1l the tnui- ft.<<T. It u abo ~Ckd that an}' "ubcontrtJ.Coo kn' .1lbJect to .uch ind.emntftcation 10tll gm- trallv reqadre .ub6ta.ntiaZIy nmUar inckmnl_ /icalion for d.t:fectft1e co.d o.r prfc1.ng data re. qtdred to be "ubmttkd bll hu loWer tic ..ub- contTClCton. ) 11. SUBOOlfTJlACTa Ca) Any subeontra.ct.on and outside 8.&.S()o da.tes or COnsultan13 required by the engi_ neer In connection with services Under this a.areement wUl be limited to such individ_ uals or firms IUI were speclfJcally Jdentfned and A.greed to dUring .negotla.tlons. or as the owner apeelffcally autharizes dur1ng the performance af this a&reement. The owner must give Prior approval tor any substltu. Uona in or additions to such sUbcontractera, LS8Ocla.tea. or consultants. Cb) The engineer !nay not subcontract aei. \'toes In ..excess of thirty (30) percent (or - J>ercent, U the owner and the e~. beer hereby agree) of the contract Price to aubcontn.cton or consultants without the OWDer'a Prior written approval. J J. LABoR SrA.NDA.JUJS To the extent that this agreement tn- \'elves "construction" (as defined by the Secretary of Lft.bor), the engineer agrees that Bueh construction work shall be subject to tM rollowinK" labor standards PTOvisJons. to the -extent applicable: . Ca.). P'avU-Bacon Act (40 O.s.C. .276a- rUla-Vr. - Cb) Contract Work Hours and Salety StandVds Act (40 U.6.C. 327-333); . (c) Copeland AntJ..K1ctba.ek Act (18 UB.e. 117.); and Ctl) ExecutIve Order 11246 (Equal Empl.oy- ment OpoortunJty); and hn,plementing rules. regulatIons, and relel'ant orders 01 the Secretary of Labor or- :EP A. The enxlneer further agrees that thls agreenient shall Include and be lSUbJect to the "Labor Standards ProvisIons for Feder_ a.lly Assisted Constructian Contracts" CEPA form 572o,-4J In effect at the time of execu- Uan of t.h1s .agreement. 13. tQtJAL bO"LoT:M1:ln' OP2'OR'l't1Nrry In &ocord.anoe With EPA polley as .ex- Pressed In ",,0 CPR 30.420-5, the en&tneer &gTeea that he wlll not d1scrlm1nate agalnst any ,emplOYee or applicant lor emploYmelJ,t because of race. rellgfon. COlor. sex. age. or national 0Z"f:gin.. .J.... t1'rILtt.AT1o~ 0,. SMA1.L AJfD Jln9"cnurr BU"sIlfZs8 In aoCord.anoe wfth. EPA poUcy AS ex- Ph'2i8ed . Ln .fO CPR 35..936-7. the engineer aUeea that-QualLned small bus.lnes.s a.nd J:nf- Dent)' busJness enterprlse:i UutU have the .tna.xlmum Practicable OPportunity to par. RULES AND REGULA nONS 111 111L.n/'It./'( I " tfcfpate In the performance of EPA Jrrant- asslst..ed contracts and 8ubcontracta. 44093 J a. CRA1'UnIl:s pro(rn.rns (whIch are substJultfaJly paid for W1th E.'PA cr-ant funds). technical J"eporta, operating- manum, &lid other work lIubmJ~ ted with a atep 1 tacflllles plan or with . step 2 or step 3 an.nt application or which are specfljed to be deUver~ under thia agreement or which l.J"e developed or pr()o duced and paM for under. thia ap-eement (reteri-ed to in thJa claw,e 8.3 "SubJect Data..) are subject to the nghta In the UnJted States, as Bel forth in subpart D of 40 cPR Part 30 and In appendIx C to 40 CPR part 30, in effect on the date of execu. tlon of thIs 8.gTeement. These rfghta Include the right to Use, duplicate, And d1sclose such 5UbJect data, in ~hale or tn Part, in any manner for any purpose whfl.t.seever. and to have othera: do 80. Por purposes of this clause. "grantee.. as Wed in appendJx C refers to the englneer. 11 the matu1aI 15 co- Pyrfght.&bJe. the engineer may copyright It, as appendJx C pennlt.3, subject to the right. in the Government In appendIx C, but lhe Owner and the Federal Government reserve II. roYalt.Y-free, nonexclu.sJve. and IrreVocable license to reproduce. publIsh. and USe such mAterla.ls. in whole or in Part, and to autho- rize othera: to do sa. The engJneer shall in. clude appropriate ProvisIons to achIeve the purpose of this condition in all subcontract.! expected to produce COP.YrightabJe subject data. <b) All such SUbject data turnlshed by the enrlneer pursuant to this agreement are in- struments of hi! services in respect of the project. It is understood tha.t the engineer does not represent such subject data to be suJt.able for reuse on any other project or lar any other pUrpose. 11 the awner reuses thl!! subJect data without the engineer'. lope. cl!k: wrftten verificatIon or adaptation. 5uch reUSe W1ll be at the risk of the owner. with. out liability to the engineer. Any such ver. 1ffcaUon or adaptatIon will entitle the engi. neer to further compensatIon at nte3 _ il._~,=~. upon by the owner and the engineer. J a. COVEl'fA1'f1' AGAIl'fBT CONTINGDi'T ~ The engineer warrant.&; that no persan or aeUInz aieney hu been empJoyed or re- tained to .solidI. ar secure this contract Upon an agreement or understanding lor a COlD- mission, percentage. brOkerage. or contin. &'ent fee, excepting bon-. fJde employees. For breach orv:JalatJon of thfs warranty the owner shall hllve the rhl"ht to annul thb &lrteement wJthout llabUity or in its dJ.scre.. Uon to deduct frarn the i:ont.ra.ct price or C01l3Ideratlon, ar otherwise recover. the full amount of aueh conunl.ssJon,. percentage, brokel1l.g'e, or contingent lee. Ja. OOPYlUCHTa A.JfD JUGHrs D'l DA1:'A. ta) 'rbe engineer agrees that .a.oy Plans. drawings,. desJgns" speclfJcatJans. computer . fEDERAL REGJsn~ VOL 43, NO. JU-WEDNESDAY, SEPTEMBER. 7T, J97B , Accacnmem: "Il" PROJECT SCHEDULE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT & DISPOSAL FACILITIES EXPANSION "OF TREA1;ffiNT & DISPOSAL FACILITIES 9 MGD New Flow Calculations, pre-Application Conference, Step II Grant Application March 13 - April 15, 1980 Request to be added to DER FY 80-81 Priority List March 13 April 15, 1980 DER & EPA Review of Application April 15 - July 31, 1980 . August 1 - August 31, 1980 Board & Cities to Review & Accept Grant Offer Board to Authorize Engineers to Proceed with Final Plans & Specifications September 1 - September 30, 1980 DER to Review & Approve Preliminary Design November 1 - November 30, 1980 Surveys & Soil Test October 15 - November 15, 1980 Prepare Final Plans & Specifications October 15 - April 15, 1981 SCmVT&D Board & Cities Reviews March 15 - March 31, 1980 May 15 - May 31, 1980 June 15 - June 30, 1980 October 1~ - October 31, 1980 January 1 - January 15, 1981 March 15 - March 31, 1981 DER/EPA Review & Approval of Step III Grant Application with FY 81-82 Funds April 15 - November 30, 1981 Receive Grant Offer December 1 - December 31, 1981 Accept Grant Offer January 1 - January 31, 1982 Advertise for Bids February 1 - March 31, 1982 Receive Bids & Tentative Award April 1 - April 30, 1982 DER/EPA Review of Bid Documents May 1 - July 31, 1982 Award Construction Contract & Issue Notice to Proceed August 1 - August 15, 1982 Construction Time August 15, 1982 - August 15, 1984 Start Up August 1 - September 3D, 1984 This project schedule is the best estimate of the Engineer as of the effective date of this contract. This schedule is subject to changes' by circumstances beyond the control of Engineers, including but not limited to, Force Majeore and the possible actions of any or all agencies reviews required by this expansion schedule. PROJECT SCHEDULE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT & DISPOSAL FACILITIES EXPANSION OF TREAT}~NT & DISPOSAL FACILITIES 12 MGD New Flow Calculations, pre-Application Conference, Step II Grant Application March 13 - April 15, 1980 Request to be added to DER FY 80-81 Priority List March 13 April IS" 1980 April 15 July 31, '1980 . August 1 - August 31, 1980 DER & EPA Review of Application Board & Cities to Review & Accept Grant Offer Board to Authorize Engineers to Proceed with Final Plans & Specifications DER to Review & Approve Preliminary Design Surveys & Soil Test September 1 - September 30, 1980 November 1 - November 30, 1980 October 15 November 15, 1980 Prepare Final Plans & Specifications October 15 - April 15, 1981 SCRWT&D Board & Cities Reviews March 15 - March 31, 1980 May 15 - May 31, 1980 June 15 - June 30, 1980 October 1~'- October 31, 1980 January 1 - January 15, 1981 March 15 - March 31, 1981 DER/EPA Review & Approval of Step III Grant Application with FY 81-82 Funds April 15 - November 30, 1981 Receive Grant Offer December 1 - December 31, 1981 Accept Grant Offer January 1 - January 31, 1982 Advertise for Bids February 1 - March 31, 1982 Receive Bids & Tentative Award April 1 - April 30, 1982 May 1 - July 31, 1982 DER/EPA Review of Bid Documents Award Construction Contract & Issue ,Notice to Proceed August 1 - August 15, 1982 Construction Time August 15, 1982 - November ~5, 198 Start Up November 1 - 'Dec",mber 31, 1984 This project schedule is the best estimate of the Engineer as of the effective date of this contract. This schedule is subject to changes by circumstances beyond the control of Engineers, including but not limited to, Force Hajeore and the possible actions of any or all agencies reviews required by this expansion schedule. COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS . (See 8ccorr.panyin& instructions before comp~~tjn~ this form) PART I-GENERAL 1. GRANTEE South Central Re . Wastewate 3. NAME OF CONTRACTOR OR SUBCONTRACtOR Form Approved OMB No. 158-ROJ44 z. GRANT NUMBER Russell & Axon i er Plan 5. ADDRESS OF CONTR....CTOR OR SUBCONTRACTOR (1nc1udo ZIP code) 4. DATE OF PROPOSAL. 6. TYPE OF SE"VICE TO BE FURNISHED South Central Regional Wastewater Treatment }'Disposal Facilities Step II - g MGD EXPansion of Plant Preliminary Engineering and Preparation of Final Plans & Specifications. PART II.COST SUMMARY 167 N.E. 2nd Avenue Delray Beach, Florida 33444 7.. OIRECT LABOR (Speclly labor c.teQorl..) ESTI- MATED HDUF'l:S .- 00 68 200 710 /24 40/36 DIRECT LABOR TOTAL, *?~~;.~1b't, e. INDIRECT COSTS (Specl/y Indirect eo 51 poDIa) RATE" INDIRECT COSTS TOTAL, 9. OTHER DIRECT COSTS 8. TRAVEL .' 1) TRANSPORTATION (2) PER DIEM 7 200 Miles @ 0.185 TRAVEL SUBTOTAL: b. EQUIPMENT. MATERIALS. SUPPLIES (Specify c.te~orJe.) QTY EQUIPMENT SUBTOTAL, c.suaCONTRACTS Soil Bori n s SUBCOHTRACTSSUBTOTAL: d. OTHER (Specify ceteSorl...) Printin Costs OTHER SUBTOTAL, e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATEl? COST 1,. PROFIT 12... TOTAL PRICE E PA Form 570a..4:1 (2-76) HOURLY RATE ESTIMA'TEO COST $40.00 19.50 13.50 10.00 6.50/8.50 8.50/10.00 $ 8 000 14 976 16 200 27 100 41 079 5 640 :~~?r,!Jt~~f;Y;11E 332 COST ESTIMATED COST $ $ $ 'fOT ALS IIi ....~.",...'l...:.,...-." *1;~~i~;-X"~~ ;JIi $ 982 l;r~:;::::::t~;?:,~~~~:;;:-::ry s 4 $260 522 31 26 291 784 PAGE 1 OF 5 , . CO~T OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved (See DccOlr.panying instructions before completing this farm) OMB No, 158-R0144 PART I . GENERAL I. GRANTEE 2. GRANT NUMBER South Central Regional Wastewater Treatment & Disposal Board C-120406020 3. NAME OF CONTRACTOR OR SUBCONTRAC"rOR 4. DATE OF PROPOSAL Russel 1 & Axon . Engineers . Pl anners . Architects Incorcorated 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (lncluda ZIP c.ode) .. TYPE OF $E~VICE TO BE F U RN ISHE D South Central Regional Wastewater 167 N.E. 2nd Avenue - Treatment & Disposal Faci 1 ities Del ray Beach . Fl ori CIa Ste.p 1 I -12 MGD Expansion of Pl ant 33444 Prel imi nary Engi neeri ng and Preparation of Fi nal Pl ans & Speci fi cati ons . . PART II. COST SUMMARY ESTI~ HOURLY ESTIMATED "'OTALS 7. DIRECT LABOR (Specify h.bor C..trlorl..) MATEO . HOURS RATE COST Prin,.in~l )J;n San nn Sln nnn . Pro,iect 11anaoer 152 19. 50 2?41;4 Senior Enqineer 800 13 50 24.100 Engi neer 558 10.00 35.580 Draftsman/ Surveyor .. 286/3 0 6.50/8. 50 50 419 I:st1mator/ Spec. Wri ter 60/54 8. 50/ti ~ 460 DIRECT LABOR TOTAL, $151 223 ESTIMATED ~~~~~~.j;.';..,?~f{:_' e. INDIRECT COSTS (Specify Indirect co., poole) RATE . BASE = COST ~~i:e~~~'~-f;J;:',~~"\",":""'" , Frinno R. r.:onor~l Arlmini~j- . .,e:" ~ '" ??~ S10n ooe: lilll ~ INOIRECT COSTS TOTAL, If;'i","/0:": ti~':'--!~/i}E7~:;5-2ft1: I$JQn QQJ; 9, OTHER DIRECT COSTS ESTIMATED B. TAAVEL COST ~ (1) TRANSPORTATION 7.?Ofl Mi1o~ ra n lAJ; i 1 ~~? (2) PEA OlE"" S TRAVEL.5UBTOTAL, ~1 ~'l? . SUPPL.IES (Speclly c#flegorle.) QTY COST - ESTIMATED b. EQUIPMENT. MATERIALS, COST S S {~Ir.h_" }-:~.2:~~~~{;-~/ >,.-..",..~ ..;1---...: <".. . EQUIPMENT SUBTOTAL: ' , ,~ ~f~~~'~~~J~1i. . ESTIMATED c. SUBCONTRACTS COST ::'01 I Bon ngs s3 500 SUBCONTRACTS SUBTOTAL: <.".' S~ e:nn ESTIMATED d. OTHER (Sp.cUy cateSori..) COST Printino r.n~t~ . S, 1 pI'; Survevs 'onn OTHER SUBTOTAL: 1'", ,,'':,.'1 :..,,,\,.... S? npl'; e. OTHER DIRECT COSTS TOTAL, It,"" . ':if'C',."~"",, ?-'CC', I', S I'; OlA '0. TOTAL ESTIMATE~ COST :S'l4Q 1 ~I; 11. PROFIT 1$ 111. AQI'; .'- TOTAL PRICE !SiQl.O'l? E PA Form 5700-41 (2.76) PAGE 1 OF 5 . . COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMEtHS UNDER U,S, EPA GRANTS (See accompanying instructions before camp/,din&, this form) PART I-GENERAL 1. GRANTEE z. CRANT NUMBER C-1204 4. DATE OF PROPOSAL Form Approved OMB No. 158-R0144 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) South Central Regional Wastewater Treatment & ,Disposal Facilities St~p 'III - 9 MGD Expansion' of Plant Professional Engineering Services During Construction PART II-COST SUMMARY 167 N.E. 2nd Avenue Delray Beach, Florida, 33444 7. DIRECT LABOR (Speclty labor clI,e,orh.a) ESTI~ MATEO HOURS ESTIMATED COST HOURL.Y RATE ineer e Technician Clerical DIRECT LABOR TOTAL, 8. INDIRECT COSTS (Speclfy Jndi,."c' coat poDIa) Fri INDIRECT COSTS TOTAL: ,~;:";rf%1[KE22?:;tl"7;Y_ 9. OTHER DIRECT COSTS a. TRAVEL > (I) TRANSPORTATION 4000 Mi es @ 0.185 (2) PER ClEM $ $ 740 ESTIMATED COST $ 1 000 850 1 850 ESTIMATED COST $ TRAVEL SUBTOTAL, b. EQUIPMENT. MATERIALS, SUPPLIES (Sp.elly (:.'elorl..) QTY COST Reproduction Te ephone L.S. L.S. 51000 .850 EQUIPMENT SUBTOTAL, c. SUBCONTRACTS SUBCONTRACTS SUBTOTAL: $ d. OTHER (Speclly ClUellorle_) ESTIMATED COST $ OTHER SUBTOTAL, e. OTHER DIRECT COSTS TOTAL" 10. TOTAL ESTIMATE~ COST 11. PROFIT 12. TOTAL PRICE E PA Form 5700.41 (2-76) !L~;t:F-'~~?t.}).,.~-:-:-~ . ~$ * Includes 8% for salary increases during duration of project. -(OTALS lili ...~~~~.~,-..~ ~(i;'ov. .~~ t;i,~" :-.'~ ~~\~t~~~ll . I~~ PAGE 1 OF 5 . COST OR PRICE 5UMMARY FORMAT FOR 5UBAGREEMENTS UNDER U.S. EPA GRANTS (See accompanying instructions before comp~eting this form) Form Approved OMB No, 158-R0144 PART I. GENERAL 1. GRANTEE 2. GRANT NUMBER South Central R tew 3. NAME OF CONTRACTOR OR 5UBCONTRAC"rOR C-120405020 4. DATE OF PROPOSAL 157 N.E. 2nd Avenue, Delray Beach, Florida 33444 d 6. TYPE OF SERVICE TO BE FURNISHED South Central Regional Wastewater Treatment & Disposal Facilities Step III - 12 MGD Expansion of Plant Professional Engineering Services During Construction PART II-COST SUMMARY Russell & Axon E P a 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (lnc;ludo ZIP code) En Dr ESTI. MATED HOUR!. HOURLY RATE ESTIMATED COST fOTALS 7. DIRECT LASOR (Specffy ,.-bor c:,,'e~orle.) s s II DIRECT LABOR TOTAL, 111 e. INDIRECT COSTS (Specify Indirect coat pool.) TRAVEL SUBTOTAL: ESTIMATED COST IHDIRECT COSTS TOTAL:. . 9. OTHER DIRECT COSTS a. TR....VEL .' (1) TR....NSPORT....TION (2) PER OIEM 925 s s b. EOUIPMENT. MATERIALS. SUPPLIES (Specify Cll',,~or/e.) Reproduction Tele hone EQUIPMENT SUBTOTAL. c.SUBCONTRACTS ESTIMATED COST S SUBCONTRACTS SUBTOTAL: s d. OTHER (Specify cateAor;,,_) ESTIMATED COST s OTHER SUBTOTAL: e. OTHER DIRECT COSTS TOTAL, 10. TOTAL ESTiMATE!? COST 11. PROFIT 12. TOTAL PRICE E PA F corm 5700.41 (2-76) 'S ~{?i]j~~7-:~~;:~~~X:~~~ PAGE 1 OF 5 * Includes 8% for salary increases during duration of project. . COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS . (See accompanying instructions btdore compl.t:ting this furm) . . PART I-GENERAL 10 GRANTEE South Central Re ional Hastewater Treatment & Dis osal Board 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 2. GRANT NUMBER Form Approved OMB No, 158-R0144 4. DATE OF PROPOSAL Russell & Axon, En ineers, Planners, Architects Incor orated 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (1nc1udo ZIP c:ode) 6. TYPE OF' SEI=IVICE TO BE FURNISHED South Central Regional Wastewater Treatment & Disposal Facilities Step III- 9 MGD Expansion of Plant Record Drawings and Preparation of o & M Manual PART II.COST SUMMARY 167 N.E. 2nd Avenue Delray Beach, Florida 33444 ' 7.. DIRECT LABOR (Specify Jabor elJte~orl".) al DIRECT LABOR TOTAL, 8. INOtRECT.COSTS(Speclly Indirect co61 pool.) Frin e and General Administration INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS a.. TRA.YEL ~ 1 TRANSPORTATION (2) PER 'DIEM TRAVEL SUBTOTAL, b. EQUIPMENT. MATERIALS."SUPPL.IES"(Spec;;f[y ClJt",orl".) ~... EQUIPMENT SUBTOTAL, Co SUBCONTRACTS SUBCOHTRACTSSUBTOTAL: d. OTHER (Sp.c:.lty ea,_sod..) OTHER SUBTOTAL, c. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATE~ COST 11. PROFIT 12. TOTAL PRICE E PA Form 5700-"1 (2-76) ESTI. MATED HOURS. HOURLY RATE ESTlMA.TED COST ESTIMATED COS,T -.., $ 24 894 ESTIMATED COST $ ESTIMATED COST $ ESTIMATED COST $ 5 ESTIMATED COST . TOTALS lit ~{~J. 524 894 5 450 1 136 S} 586 ",~:~~f~~::J:;Y;J~~z-~'~~-8 S 1 704 5 46 308 5 5 51 865 * Includes 8% for salary increases during duration of project. RATE" x "BASE = 1. 263 519 710 QTY' COST $ PAGE 1 OF 5 'COST'OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (See accompanying instructions belore compT(::tjn~ this f0rm) - . PART I-GENERAL Form Approved OMB No, 158-80144 ,. GRANTEE 2. GRANT NUMBER South Central ReGional Wastewater Treatment & Di~nn~al Rn~rd C-120406020 3. NAME OF CONTRACTOR OR SUBCONTRAC"rOR 4. DATE OF PROPOSAL Russell & Axon EnGineers Planners Architects Incornorated 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (1ncludo ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED 167 N.E. 2nd Avenue Delray Beach, Florida 33444 South Central Regional Wastewater Treatment & Disposal Facilities Step III - 12 MGD Expansion of Plant Record Drawings and Preparation of o & M Manual . . PART II.COST SUMMARY ESTI- MATED HOURS . 7.. DIRECT LABOR (Specify J.bor cateto,;..) HOURLY RATE Pr . JPr Proiect Enoineer Electrical Fnoinppr Granhics DesiGner Draftsman Snec. Writer/ Cledcal 40 S " Q <;0 "If;n, 1"1 <<n' RO "1 <;n ?RO ~q <;0 1464 f; <;0 ?40/~ ~ DIRECT LABOR TOTAL. e. INDIRECT COSTS (Speclly Indlrect.cost poore) RATE x BASE = . 1. 263 S 22 804 Frinqe ano General Administration INDIRECT COSTS TOTAL: '.,.'0, 9. OTHER DIRECT COSTS &. TRAVEL (1) TRANSPORTATION (2) PER DIEM 637 Miles @ 0.185 TRAVEL SUBTOTAL: ~ b. EQUIPMENT. MATERIALS~ SUP,PLlES (Specify cllte~orle.). I QTY . COST . S . EQUIPMENT SUBTOTAL: c. SUBCONTRACTS SUBCOHTRACTSSUBTOTAL: d. OTHER (Speclly C#!lle~orJlI.) Gr~nhi r<; Printinn 'Inri M;rrn',nnll" S ~ ~~ ~~ ~~~g~~~:~~~~ ? :fifiO 00 """,-.'''''-'-\ h"'.,''-'' q '\ 1 ~ nn~~~1~~~~~t~01~?~/ n nnn.,uo'.= ,.,">~F.<<.' ".. " " "-"",, ~ t~';"",",,};:4",,,,),;.'L~. ESTIMATED S ~ *8 COST ~;~~':i.[~1: ~"" S ? R R01 ';'<<~ , :,~;. ;'i"; ,,:;:;, ;;';:' ; ,,<:':.";:; -/0, S 28 801 m ,-;~,; -..',,' ::c' ,,, ~f.~~i::;?:<:~~.:: ' "'C ,;';';' ,""c~i,:, J~: ESTIMATED ." COST ESTIMATED COST 1,Q S S " A . TOTALS :-< ;,c ;.",....,;;; ~~:r' ~ff: ' :0 .~~~~ "~< .~i,.y :; .:.~: ;' ,. ", ?:~~;~~:j?; 7~: . -"",:,<:'::':'~'" . ,:,<;", ',".<, '., -' 1 OQQ S ~., ""7 IS /:;' I!", , ~ f;n:n?4 ~n^ , ;,;;~ ':"';:"~':l' '\" ": S , A7n I ',.',i; ;., I ,"0 ' ; ; "., ,-': " !,..-'<<' " ' :.,<~:;:'.'>< S OTHER SUBTOTAL:. c. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATEC?' COST 11. PROFIT 12. TOTAL PRICE E PA Form 5700..(1 (2-76) * Includes 8% for salary increases during duration of project. ESTIMAT'ED COST S ",",,< ESTIMATED COST S ,.' -' S ESTIMATED COST S . PAGE10F5 . . C'OST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (See l1ccoTTopanying inslructions before comp~f;;:ting this form) PARTI.GENERAL ,. GR....NTEE South Central Re ional Wastewater Treatment & Dis osal Board 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 2. GRANT NUMBER C-12040602 .4. DATE OF PROPOSAL Russell & Axon En ineers Planners Architects S. ADDRESS OF CONTRACTOR OR SUBCONTR~CTOA (1nc~u~o.~Ip' code) 167 N.E. 2nd Avenue Delray Beach, Florida, 33444 Form Approved OMH No. 158-R0144 Incor orated 6. TYPE OF SERVICE TOBE FURNISHED South Central Regional Wastewater Treatment &'Disposal Facilities SteP III -9 MGD Exparsion,of Plant Resident Project Services PART II.COST SUMMARY '7. DIRECT LABOR (Speclly l.hor cereRor/".) ESTI- MATED HOUR~ ESTIMATED COST HOURLY RATE Res i dent Pr Technician Clerical 2080 520 520 16 640 3 900 2 860 DIRECT LABOR TOTAL, ~~tj~}fi6:~~: 8. 1NDIRECT COSTS (SpecJfrlndirect CO lit pool.) RAT-E . - x BASE = , . ESTIMATED. COST tOTALS ., 5 88 030 :-. Frin e Benefits and Overhead 1. 263 s 88 030 5 111 182 INDIRECT COSTS TOTAL: ~SI1~~:fZn~c,;'~:G~:~.( 9. OTHER DIRECT COSTS 8. TRAVEL ESTIMATED COST 2 960 5 5 2 960 ESTIMATED COST 5 1,750 950 ~ TRANsF>ORTA.TION 5 (2) PER DIEM TRAVEL SUBTOTAL, b. EQUIPMENT. MATERIALS. SUPPLIES (Speclly e.te~orl&.) OTY COST Record Drawin s - Xerox Co ies Telephone Service ec ronlC a ln9 ys em L.s. L.S. 51,750 950 , EQUIPMENT SUBTOTAL: c. SUBCONTRACTS 5 SUBCOHTRACTSSUBTOTAL: 5 d. OTHER (Spedry clIlegorlea) ESTIMATED COST 5 OTHER SUBTOTAL, e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATE~ COST 11. PROFIT 12.. TOTAL PRICE E PA Fan" 5700..n (2-76) * Includes' 8% for salary increases during duration of project. s ~',.~f::'~t';~;~~~~,~.::"~~ PAGE 1 OF S COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (See 8ccorr.pl:wying ins/ructions be/ore compJe.,ing this form) PART I-GENERAL 1. GRANTEE South Central Reoional Wastewater Treatment & Disposal ,Board 3. NAME OF CONTRACTOR OR 5UBCONTRAC'rOR F arm Approved OMB No, 158.R0144 2. CRANT NUMBER C-120406020 4. DATE OF PROPOSAL Russell & Axon, Enqineers, Planners, Architects 5. ADDRESS OF CONTRACTOR OR :~BCONTA"CTOR (1nc1udo _~IP c~d(t) 167 N.E. 2nd Avenue .- Delray Beach, Florida 33444 Incorporated 6. TYPE OF SERVICE TO BE FURNISHED South Central Regional Wastewater Treatment & Disposal Facilities Step III - 12 MGD Expansion of Plant Resident Project Services 7. DIRECT LABOR (Specify '..bar c8te~(Jr18.) PART II-COST SUMMARY Prn;prt M. Rpd tipnt- R . -'- .L T ,<. T Resident Project Insoector II Technician / Clerk Cleri cal DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Sp~cJly indirect co.., pool.) Frinop if-< "nti , lead INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS 8. TRAVEL (1) TRANSAORTAT'ON Hl nnn Mnp~ '" 01Ql; (2) PER DIEM TRAVEL SUBTOTAL: b. EQUIPMENT. MATERIALS..SUPPLIES (Speclly ClJft!l1or/~.) n n Teleohone Service F' m; c Pani nn ",vc t-pm EQUIPMENT SUBTOTAL: c. sueCONTRACTS .. ':' , SUBCOHTRACTS SUBTOTAL: d. OTHER (Speclly cftleAorie_) ESTI- HOURLY ESTIMATED MATED HOURS RATE COST 100 S lQ r:n S l,Q<;O 2282 1"1 <;0 30 807 "l?10 QOO ?A,AQO 2125 RM 17.000 520 ,7.50 3.900 , 520 5,50 2m ~ RATE x BASE::: - ESTIMATED COST 1?1; S 91' ?41; s 111; S07 t:j:/i ESTIMATED COST ? ??n S ~.f "~,,. S ? ??n << QTY , COST ES!V.4ATEO .COST l "' S 1 7<;0 S 1 :750 l.S 950 950 l.S 1 406 1 406 ,':Hif'<':::;.,.':'..:f ','I: 4 106 ESTIMATED COST S ,<<< :'" <-, .'.'. S ESTIMATED COST . TOT ALS .1 S 92 246 *8' li~ ":"; S "~n' , ::;","E":i:;'::,. ~';, ,Co; .', :, ;c; ::j~ ,; " ,',. ~-, ;:;,' ':;:~ :,:;,::::.,;~ " ',,'0-. "';'''; :.. ;;:::; ~,o< :,C';:' :;: I: '\.:,:,0' '<,. Ii :7~1;"'-,-' l~!~~;;;1~ ;~c ,tr ~\{::~~, i.' OTHER SUBTOTAL: e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATEI? COST 11. PROFIT 12.. TOTAL PRICE E PA Farm 57DD..41 (2.76) S-tf~ : hi "-Cd :"l,,: -:i". ,,:,,", S ",:,< ~ 1..'.."..:;:"..",.." ,j-,i:.":, ' !' ;'<;;:",:'.~;<j;;'~~ S 7 1I?t; S ?ll; lAQ ?l;QII'l ?4? : l<? * Includes 8% for salary .increases during duration of project. PAGE 1 OF 5 . r c>~m "I',...'...... o\rn ^'tJ l\"-I~Ol#' PART III . PRICE SUMMARY l3, . COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR OUOTES (lndicate b.If" /0' pdcl:I comp.d.on) MARKET PRlCEt51 PROPOSED PRICE Ii - ~- ",... ~':.r~".."; ~t~i~i~~~ ~:f",;"'f..."....,....e.,.:,!11';f"'.t,.,,,"', lill PART IV-CERTIFICATIONS ~:'€~I0-...(:~!~~,~.:g>.;r~,;r:~:::r:.: S U.CONTRACTOR 1'4.. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNT-S OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHSl . DYES [XJ NO (11 ..y.... IJlva n.eme lidd,e.. .nd 'elephon_ number 01 TevlewlnlJ of/lc_) U.S.E.P.A., Southern Audit Division NOTE: 345 Courtland Street, N.E. .. Atlanta, Georgia 30308 Audit #E2aW8-05-026~80368, dated 12/20/77 (last audit) EPA will be auditing April, 1980 I4b. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES CFR-4l-l5.2 and 15.4 and FMC 74-7 14c. This proposal i~ submitf.ed fOt u~e in connection with and iQ response to (1) souro CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD-EPA GRANT., This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) March 19, 1980 and that a financial management capability exists to fully and accu- ratelyaccount forthe financial transactions under this project. I further certify that J understand that the subagreement price may be su"bject to downward renegotiation and/oJ recoupment where the above cost and pricing data have been determin"ed, as a result of audit, not to'have been complete... current and accurate as of the date above. (3) March 27, 1980 DATE OF EXECUTION SIGNATURE OF PROPOSER Milton L. Hallman Jr. Vice President ana Southeast Florida Area ManaRer TITLE OF PROPOSER 1_.5GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for sub~greement award. March 27, 1980 DA TE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 1&. EPA REVIEWER (11 app1icebl~) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER E Pol Fo,m 5700-.41 (2-76) PAGE 2 OF 5 In completing this form, CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS. Many items are not. self-explanatory. Attach additional sheets if necessary. Use only the applicable portions of this form: Part I is applicable 10 all subagreements. Part II ;s applicable to all subagreements requiring a cost review pursuant to EPA grant regulations. Part III is applicable to all subagreements where review is based on price comparison (i.e., price analysis). Part IV certifications will be executed as required by the regulations and by the instructions for each block. PART I - GENERAL Item 1 - Enter the name of the grantee as. shown on the grant agreement. Item 2 - Enter the grant identification number shown on the grant agreement (or assigned to the project, if no grant agreement has yet been executed). Item 3 - Enter the name of the contractor or subcontractor with whom the subagreement is proposed to be executed. Item 4 - Enter the date of the contractor's or subcontracto;'s" proposal to the grantee. Item 5 - Enter the full mailing. address of the contractor or subcontractor. Item 6 - Give a brief description of the work to be performed under the proposed subagreement. PART II - COST SUMMARY This portion of the form is to be completed by the contractor (or his subcontractor) with whom a subagreement is proposed to be executed, unless that subagreement is a formally advertised, competitively bid, fixed price contract. Nothing in the fOllowing discussions should be interpreted as recommending the inclusion as direct costs any items normally treated as overhead costs in the firm's ~cco~nting or estimating system. 40 eFR 3Q.710 contains general cost principles applicable to subagreements under EPA grants. Pursuant to that section, all subagreements awarded to profit-making organizations are subject to the cost principles of 41 eFR 1-15.2. Architect...engineer and construction contracts are subject also to 41 eFR 1-15.4. Item 7 - Direct labor Direct labor costs normally include salaries at a.regular time rate. Overtime premiums should be identified separately on an attachment. Incurrence of unanticipated overtime costs requires the approval of the grantee at the time of incurrence. If significant overtime is known to be needed at the time of completion of the cost review form, the reasons therefor, labor categories, rates and hours should be identified on an affachment. Also included is the cost of p3rtners' or principals' time when they are directly engaged in services to be rendered under the contract. In case the ful! time of any employee is not to be devoted to work to be performed under the contract, only the cost of actual time to be applied should be included. The compensation of a partner or prinCipal shall be included as direct cost only for the time that he is expected to be engaged directly in the pedormance of work under the contract and only if it is the firm s normal practice to charge such time directly to all jobs. The rate of compensation of a partner or principal shall be commensurate with the cost of employing another qualified person to do such work, but the salary portion shall not exceed the actual salary rete of the individual concerned. Distribution of profits shall not be included in the rate of compensation. EP,l Form 5700-41 (2--76) Form App,o...d O.llll No. 1.~6./(OU4 INSTRUCTIONS Enter in block 7 the ca1egories of professional or technical personnel necessary to perform each major element of work unde.r the cOlJtract scope of services. Estimate man.hours for each category -and extend them by the wage rates to be paid during the actual performance of the work. Current rates. adjusted for projected increases. if any, should be used for the actual ca1egories of labor contemplated. All projected increases should be supported by recent experience or established personnel policy. Enter in the far right column the total estimated direct lal(or cost. Supporting r~cords to be maintained by the -contractor and which must be submit1ed or made available to the grantee or EPA upon request include: 3. The method of estimating proposed man.hours. b. The computation technique. used in arriving at proposed labor rates. c. The specific documents, books, or other records used as factual Source material to develop proposed man-hours and labor rates. d.. Detailed rate computations which were used in computing the information submitted on the form. If in block 14a, the contractor has checked "No," a brief narrative deSCription of the methods used. in arriving at items a through d above shalf be included on an attached sheet. Item 8 - Indirect Costs Indirect costs may consist of one or more pools of expenses which are grouped on the basis of the benefits accruing to the cost objectives represented by the distribution base or bases to which they are allocated. Since accounting practices val)'. .the use of particular groupings is not required. Neither is the use of any particular allocation base mandatory. However. it is mandatory that the method used results in an equitable allocation of indirect costs to the cost objectives which they su/?port Normally, the firms accounting system and estimating practices wl7! determine the mthod used to allocate overhead costs. The firm s established practices, if in accord with generally accepted accounting principles and PROVIDED THEY PRODUCE EQUITABLE RESUL TS IN THE CIRCUMSTANCES, will generally be aeeepled. Proposed overhead rates should represent the firms best estimate of the rates to be experienced during the contract period. They. should be based upon recent experience and be adjusted for known factors which will influence experienced trends. Common overhead groupings are overhead on directlaber and general and administrative expenses. The first grouping usually includes employment taxes, fringe benefits, holidays, vacation, idle time, bonuses, etc., applicable to directlaber. The second generalli includes the remaining costs which because of their incurrence for common or joint objectives -are not readily subject to treatment as direct costs. It is expected, however. that proposal groupings will correspond with the firms normal method of accumulating indirect costs. (Under some accounting systems, the first grouping would be included instead under item 7.) No special categorization is required provided the results-are realistic and equitable. Direct salaries are the normal distribution base for overhead costs, but in some circumstances other bases produce more equitable results. As in the case of overhead costs groupings, the method to be used will depend upon the firms normal practices and the equity of the results produced in the circumstances. PAGE 3 OF S In ,:h,.. raSE- of multi,branch firms, joint Yl'nfUft".\ or alhhates. it is CApt-CIt'd that overhead costs applicable 10 the spt'clhc IDeaf/Dn(s) ""her~ worA is to be per/ormed will be propo!.ed Compan)',wid~, joinl yen/ure, or affiliate rate averages ma)'.not be appr~pfl~te,. The NIles should be tailored to the work locatIOns, The objectIve IS to allocate overhead costs more precisely. , The'rllte proposed should be ba.~ed on cost data from the most recent fiscal periods updated to reflect changes in volume of 'business or operations. Enter in block 8 the indirect cost pools normatly used by the firm for allocation of indirect costs. Enter the indirect cost rate for each pool and exlend each one by the' rate base to whichilapplies to arrive at the estimated indirect costs to be incurred during the actual performance of the work. If the direcllabor tolal from block 7 is not used as the rale base for any of the indirect cost poots, the rate base used must be explained on an attached sheet A brief narrative sta1ement outlining the firm's policies and practices for accumulating indirect costs and the method used to . compute the proposed rate or rates shall accompany the form. Include comment on 1he firm's policies regarding the pricing and costing of principals' 1ime. The normal accounting treatment of principals' salaries, the annual amounts, and the hourly charge rate, if used, should be discussed. Enter in the far right column the total estimated indirect cost~ Supportin'g records 10. be maintained by the contractor and which mU5t be submitted or made available to the grantee or EPA upon request include: 8. Detailed cost data showing overhead accounts, allocation bases, and rale computations for the preceding ~iscal period. If more than six months of the current fiscal period have elapsed, cost data for this period should be included as one of the three periods. b. Comp::my budgets, budgetary cost dala, and overhead rate computations for' future period(s). Item 9 - Other Direct Costs The follOwing items are illustrative of costs normally included in this category-of c,!sts: 8. Travel costs, including transportation, lodging. subsistence, and incidental expenses incurred by personnel or consultants while in a travel status in connection with the performance of services required by the contract. The cost principles genrally require the use of less than first class air accomodations and also limit the cost of private aircraft b. Equipment. Materials, and Supplies (1) Long distance telephone, telegraph. and cable expenses 10 be incurred in connection with the performance of services required in connection with theconlract (2) Reproduction costs including blueprints, black and while prints, ozaJid prints. photographs. photostats, negatives; and express charges. (3) Commercial printing, binding, artwork, and models.. (4) Special equipment Co Subcontracts. d. Other. Direct costs, ifan~ not included above. E P A F Drm 5700."1 (2-76) ,....""...J,....p.... OMD ^'D. /j'.H014 [n1l:r in blocl:s 9a,d all other direct cosh propo~ed, lravt'1 cost~ entert:d must be SUPPOr1ed by an allathmcnt which idenlifies. tht number of man.trips proposed and the estimaled cost per man.trif for both locaf c,nd long dislance transpor1ation, The number of day~ and the rate per day must be provided to support Ihe per dierr shown. Each subcontract and consultant agreement must bE identified separately in block 9c. For each subcontract in excess 01 $10,000, this [PA Form 5700-4] completed and certified by the subcontraclor shall be appended. Enter in the far right column on line ge the total of all olher direct cosls (9.-<1), Supporting data to be maintained by the contractor and which must be submitted or made available to the ,grantee Qr EPA upon request indude: 8. basis for other direct costs proposed. b. ,factual sources of costs, rates, etc., used in computing the proposed amount 01 each cost element. II Item 10 - T alai Estimated Cost Enter the tolal of all direct labor, indirect costs, and other direct costs from items. 7.8, and 9. Item 11- Profit A fair and reasonable provision for profit cannot be made by simply applying a certain predetermined percentage to th~ total estimated cost. Rather. profit wJ1l be estimated as B dollar amount after considering: II. degree of risk. b. nature of the work to be performecl, c. extent of firm's investment. it. subcontrac/ing of work, and e. other criteria. The Federal Procurement Regulations cost principles applicable to subagreements with profit.making organizations (41 eFR 1-15.2 and 1-15.4) disallow certain types of costs which are som~times incurred by firms in the norma/conduct of their business, Exampll!!S of costs .which are notJiJllowable under Jhese cost principles include, . but are not limited to, entertainment, interest on borrowed capital and bad debts. Because the Government consi'clers "profit"to be the excess of price over allowable costs, such computation can indicate a higher profit "estimate than the lirm's experienced profit as it customarily computes it. The contractor may separately disclose to the grantee its customary-computations. Enterthe dollar amount of profit in block II. Item 12 - Total Price Enter the total of ilem 10 and item II'. PART III - PRICE SUMMARY This portion of the form is for use by a grantee when price comparison (i.e., price analysis) is utilized in subagreement review. It may also be used by a contractor when pri,ce comparison is used as a basis for award of a subcontract. lrem 13 - Competitor's Catalog listings, In.House Estimates. Prior Quotes Enter sources of all competitive bids or Quotes. received, or ca~alogs used and their prices. or in.house .estimales made. if appropriate, for comparison. Attach additional sheets if necessary, particularly for purchases of several different items. Enler in the far right column the proposed price for the subagreement. PAGE 4. or $ rIP"" Arp'IP".d 01118 NIP, Jj6,ROJlf PART IV - C[RTIFlCA nONS Item 14 - Contraclor - fOR USE BY CONTRACTOR OR SUBCONTRACTOR ONLY a. Complete this block only if Part II has bei!n completed. b. Complete this block only if ~art II has been completed. Enter the specific cost principles with which the cost summary of Part II conforms. Cost principles applicable to subagreements with various types or organizations are identified in 40 CFR 30.710. Cost principles applicable to subagreements with profit-making organizations are those at 41 erR 1-15.2.. and.. for architecl-engineer or construction contracts, 41 CFR 1-15.4. .- c. (1) Describe the proposal, quotation, request. for price adjustment or other submission involved, giving appropriate identifying number (e.g.. RfP No,----l. ' . (2) Enter the date when the price negotiations were concluded and the contract price was agreed 10. The responsibility of .the contractor is not limited by the personal knowledge of the contractor's negotiator if the contractor had information reasonably available at the time of agreement" showing that the negotiated price is not based on' complete, current and accurate data. (3) Enter the date of signature. This date should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to (not to exceed 30 days). Item 15 -Grantee Reyiewer~FOR U~E BY GRANTEE ONLY. If required by applicable grant regulations, the grantee must submit the signed form for EPA review prior to execution of the subagreemenl Item 16 - EP~ Reviewer-fOR USE BY EPA ONLY . ~ EPA FOlm 5700~} '2~76) PAGE SOFS RESOLUTION NO. ~-80 A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OF PALM BEACH COUNTY, FLORIDA, AUTHORIZING AND DIRECTING NALCOLM T. BIRD, CHAIRMAN OF THE BOARD TO MAKE APPLICATION FOR A STEP II GRANT FOR FEDERAL ASSISTANCE 'UNDER PUBLIC LAW 92-500 CONSTRUCTION GRANTS PROGRAM - EPA PROJECT C-120406020 WHEREAS, THE SOUTH CENTRAL REGIONAL ~IASTEWATER TREATNENT AND DISPOSAL BOARD, representing the Cities of De1ray Beach, F10rida and Roynton Beach, F1 ori da has dec1 a red an emergency as rega rds expans i on of, ,the exi s ti ng South Centra1 Regiona1 Wastewater Treatment and Disposa1 P1ant; and WHEREAS, it is deemed necessary and advisab1e to seek federal assistance and/or state assistance for such expansion; NOW, THEREFORE, BE IT RESOLVED by the South Centra1 Regiona1 Wastewater Treatment and Disposa1 Board; Section 1. The South Centra1 Regiona1 Wastewater Treatment and Disposa1 Board hereby authorizes the firm of Russe1l & Axon, Engineers- Planners-Architects, Incorporated to prepare the application by the Board to the United States Environmental Protection Agency for a Step II Grant under the Wastewater Construction Grants Program, Public Law 92-500, for the expansion of the existing South Centra1 Re9ional . Wastewater Treatment and Disposa1 P1ant. Section 2. That Malcolm T. Bird, Chairman of the Board, is hereby designated as the Board Representative under said application and authorized to execute the application itse1f and all forms, \ letters, certificates and documents as the Environmental Protection Agency may reasonably request in connection with the grant application. APPROVED AND ADOPTED BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, PALM BEACH COUNTY, FLORIDA, this 27th day of March, 19SI). ATTEST: FOR THE SOARD: ~,( ,\~~~~~\ ~ ~ '/~ V~~~;-CI \... - 11