03-31-80 Special
QCitp of IBelrap JBcadJ
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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;
.',
:,
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,;
"
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I: '\.:,:,0' '<,.
Ii :7~1;"'-,-'
l~!~~;;;1~ ;~c
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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
-
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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:
~,( ,\~~~~~\
~ ~
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\... -
11