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HomeMy WebLinkAboutReso 132-1979 'RESOLUTION NO. 132-79 GITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING CONTRACT AMEND- MENT NO. 7 TO "AGREEMENT, CONSULTING ENGINEERING SERVICES .IN CONNECTION WITH A PROGRAM OF WASTEWATER TREATMENT FACILITY UPGRADING, SOLIDS MANAGEMENT AND SANITARY SEWER SYSTEM EVALUATION SURVEYS, PROJECT C-06-1235, PROJECT C-06-1267" WHEREAS, the City Council of the City of South San Francisco, lead agency for Projects C-06-1235 and C-06-1267, authorized the execution of "Agreement, Consulting Engineering Services in Connection With a Program of Wastewater Treatment Facility Upgrading, Solids Management and Sanitary Sewer System Eval- uation Surveys, Project C-06-1235, Project C-06-1267" dated April 19, 1944, by Resolution No. 30-77, adopted March 23, 1977; and WHEREAS, the City Council of the City of South San Francisco, as lead Agency, authorized execution of Contract Amendment No. 1 on the 16th day of November, 1977; Contract Amendment No. 2 on the 4th day of January, 1978; Contract Amendment No. 3 on the 7th day of June, 1978; Contract. Amendment No. 4 on the 4th day of April, 1979; Contract Amendment No. 5 which is subject to ratification at a later date; Contract Amendment No. 6 on the 7th day of November 1979, and WHEREAS, this Amendment No..~_w~tl provide for an extension of the adminis- trative suppbrt services being provided by Reta/Nolte and Associates in connection with the construction of the North Bayside System Unit Wastewater treatment Plant Improvements and Solids Management Projects, as described in the Staff Report dated November 21, 1979; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that 1. Execution of Contract Amendment No. 7. The City Council of the City of South San Francisco, as lead agency of the projects above enumerated, does hereby authorized the execution of Contract Amendment No. 7 to "Agreement, Con- sulting Engineering Services in Connection With a Program of Wastewater Treatment Facility Upgrading, Solids Management and Sanitary Sewer System Evaluation Surveys, Project C-06-1235, Project C-06-1267," which Contract Amendment No. 7 is attached hereto as Exhibit "A". 2 Cost of Local Agency Share. The cities of South San Francisco and San Bruno shall bear the local agency's share of cost in accordance with the Joint Powers Agreement Formula. 3. Authorized Signatures. Robert S. Yee, Director of Public Services, is hereby authorized to execute Contract Amendment No. 7 to "Agreement, Consulting Engineering Services in Connection With a Program of Wastewater Treatment Facility Upgrading Solids Management and Sanitary Sewer System Evaluation Surveys, Project C-06-1235, Project C-06-1267" on behalf of the Cities and the participating agencies. 4. City Clerk's Endorsement. The City Clerk is authorized to endorse on the face 'of the Agreement executed as of April 19, 1977, herein more particularly de- scribed, the following: "Amendment November 21, 1979. See Contract Amendment No. 7." I hereby certify that the foregoing Resolution was regularly introduced and regular adopted by the City Council of the City of South San' Francisco at a Meeting held on the 21st day of November , 1979, by the following vote: AYES: Councilmen Ronald G. Acosta, Emanuele N. Damonte, and Terry J. Mirri ~--- NOES: None ABSENT' Councilman William A. Borba and Councilwoman Roberta Cerri Teglia ATTEST: City Clerk CONTRACT AMENDMENT NO. 7' · TO Consulting Engineering ServicEs Agreement made April 19, 1977 between the City of South San Francisco and RETA/Nolte Associates. This amendment concerns the engineering services for the design of centrifuge sludge dewatering facilities and ap- purtenances at the South San Francisco/San Bruno Wastewater Treatment Facility. The Engineer will provide those design services set forth in the letter of proposal dated October' 19, 1979, and identified as Exhibit A attached'hereto. It is expressly understood that the Engineer will assign of the described work under this agreement to the firm of George S. Nolte and Associates, a partner in the RETA/Nolte. organization. The City'shall assist the Engineer on this project by pro' viding all available records and information pertaining to the improvements and shall also provide necessary laboratory testing and monitoring activities. Work.will begin upon receiving authorization of nOtice to proceed with this effort and will be completed in accordance with a mutually agreeable ~chedule which wi. ll b~ -submitted by the Engineer for the City approval as an initial work item. For .the work specified here~ the City agrees to pay the Engineer fee composed of direct labor costs, allowable in- direct costs, and appropriate profit on these costs. The EXHIBIT "A" TO RESOLUTION NO. 132-79 ADOPTED November 21, 1979 EXHIBIT A RESOLUTION NO. 132-79 GEORGE S. NOLTE AND ASSOCIATES Civil and Environmental Engineers. o Planners o Surveyors October 19, 1979 City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Attention: Hr. Bob Yee Subj eot: South San Francisco/San Bruno Wastewater Facilities Engineering Services for Sludge 'Centrifuge Facilities Gentlemen: We are Pleased to submit this description of proposed engineering services for design of centrifuge sludge dewatering facilities and appurtenances at the South San Francisco/San Bruno Wastewater Treatment Facility. We understand that the proposed design project is necessitated by the need for an additional centrifuge to increase the reliability of the total. sludge disposal system. Recent failures of the existing centrifuge have highlighted the need for this additional facility. Our proposed scope of work and fee for the subject work is included in the following sections. Note that the work is divided into two major : areas including 1) Design Services and 2) Ancillary Services. We have specifically excluded pilot testing from the scope of work defined herein. However, should the City decide to proceed with the pilot study, we will be pleased to assist the City subject to the scope of work and fee basis agreed to at some later time. Design Services Scope of work will generally include all engineering efforts associated with design of sludge dewatering facilities including: 1. A centrifuge facility for dewatering digested primary and secondary sludges. The facility will include a centrifuge, polymer feed system, related piping and structural appurtenances including foundation pad and steel supporting structure. 2. Sludge pumping facilities including an "open throat" type pro- gressive cavity pump with all piping and connections. 3. Appurtenant electrical and instrumentation. We anticipate that work will be completed in two distinct phases generally as outlined for Basic Services in the American Society of Civil Engineers 106 K Street, Suite 200, Sacramento, California 95814 · {916}' 44§-5028 SAN JOSE · WALNUT CREEK · SOUTH SAN FRANCISCO · SAN DIEGO · SACRAMENTO Contract Amendment No. 7 Page 2 payment under the cost plus fixed fee method of contract is t° be $14,584.80 direct labor costs, $23,481,53 indirect costs, $4,200 subcontract costs, $6,183.67 profit, for a total price of $48,450.00. These costs are further delineated in the attached EPA forms 5700-41 and following exhibits. CITY OF SOUTH SAN FRANCISCO RETA/Nolte AND ASSOCIATES By City of South San Francisco 2 of 3 October 19, 1979 "Manual and Reports on Engineering P.ractice - No. 45". These phases are generally as described below. Preliminary Phase. During the preliminary phase of project development, the basic design criteria for the project will be established. Anticipated tasks that will be performed are as follows: 1. 'Evaluate sludge production and handling capabilities based on review of operational data and plant records. Establish system for monitoring and measurement of in-plant solids flow necessary to prepare current solids balance sheet. Define capabilities of composting system to remove solids and evaluate solids return rate from the compost site. Define centrifuge requirements to accommodate ¢omposting operations. 2. Evaluate and predict effects of current centrate and compost return flow on wastewater treatment process. 3. Complete basic predesign work related to selection of centrifuge equipment. Confirm the degree of predicted centrifuge dewatering, the solids capture rate and the quality of the centrate material which can be obtained under normal operational conditions. 4. Evaluate the need for an additional sludge conditioning or holding tank to pretreat centrate, compost return and supernatant return based on the results of rational criteria. Should a pretreatment or holding unit be found necessary to a~oid plant upsets, the basic design criteria for this facility can be established at this time. 5. Establish .performance requirements for centrifuge equipment including the polymer feed system and elements of sludge pumping and cen~rate return systems. 6. Preliminary layouts, sketches, outline specifications, and pre- liminary cost estimates will be prepared. This information, along with preliminary studies, design evaluations, and other appropriate information will be submitted to the State as a 10% submittal. Design Phase. Subsequent to approval of the 10% submittal by the State and the City, detailed design will be commenced. Basic services that will be included during the design phase are: 1. Conferences. Meetings with the State and City will be held to review and finalize the design criteria prior to beginning of detailed design. 2. Special Services. We will assist the City in planning for, and in procurring services to obtain, the necessary field information for design. This information may include soils investigation, surveys, or other special studies GEORGE $. NOLTE AND ASSOCIATES Civi! and £nvironm~,n~al Engineers · Plann~'rs · Sur~'eyo~s City of South San Francisco 3of 3 October 19, 1979. 3. Submittals. Ail required submittals, including 50% and~ design review reports, will.be prepared for City and State review. 4. Contract Documents. Complete detailed plans.and specifications will be prepared along with an engineers estimate for the subject' facilities. We will furnish the City with 30 sets Of contract 'documents. Additional sets would be available at commercial printing rates. Estimated Fee. We propose that compensation for all engineering services shall be on a "cost plus fixed fee" basis. Our estimated fee for design services is $39,250 based on the above described scope of work. Ancillary Services Prior to completion of design and award of contract, several ancillary tasks must be completed in accordance with requirements of the Clean Water Grants Program. Items and estimated engineering fees for completion of these services are summarized below: Item Estimated Fee ($) 1. Management-Plan for Construction 2. Plan fOr Operation 3. Draft Supplement to the O&MManual 4. Modify Revenue Program $ 800 1,400 6,000 1,000 TOTAL $9,200 Please contact me .if you have any questions or comments regarding this proposal summary. Very truly yours, GEORGE S. NOLTE AND ASSOCIATES Bruce G. West Assistant Regional Manager /ps GEORGE S. NOLTE AND ASSOCIATES Civil and Environmental En~l~neets ' Planner.~ · Surve~'or~ r__ _ ,,..u:~ uK r'KILJ~' :~UMMAK¥ I-ORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved · (See accompanying instructions before completing this form) O,%[B /VD. 158-R0]44 PARTI-GENERAL I. GRANTEE C~ty of South San Francisco 3. NA'M~' OF CONTRACTOR OR SUBCONTRACTOR · RETA/Nolte and Associates S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Znclude ZZP' 120 Burlingame Office Center 1633 Old Bayshore Hwy Burlingame, CA 94010 Z. GRANT NUMBER 12-06-1235-1:20 4. DATE OF PROPOSAL 11/8/79 6. TYPE OF SERVICE TOBE FURNISHED Step 2 Services Centrifuge Facilities 7. DIRECT LABOR CSpecifx labor categoriee) Rng~ n~.~r/Manag~r DIRECT LABOR TOTAL: INDIRECT COSTS (Spec/fy i, cHrect coat pools) Burden G~.~_ral ' .~ Admi D.~ .~rativa_ -"----' 9. OTHER DIRECT COSTS · a. T~AV£L. (]) TRANSPORTATION (2) pi- ~,~-~ INDIRECT COSTS TOTAL: PART ii-COST SUMMARY ESTI- HOURLY ESTIMATED MATED TOTALS HOURS RATE COST 480 15.80 7,584. O0 312 B 65 2 698 80 · 88 7 02 617 76 120 11 00 1,320 00 · .:..~....: . :~:~ ,.~:,-'i,:~.,.-.'=,.,~ ~ .... ,..,,,, ,, .., .~,u,~?.,~,e~.~,~'. ~ 14,584 . 80 RATE x BASE = COST __ __- _-_]4,5a4.ac< 5,104.68 - ~' ' ' 35t ,'. ' - ' -';M~X ~'.".' r~,' ..)~; . '~ '% 126t 14 584 8C 18~376 85 .'. '.':'~ .... '"~";'.:-,'.-'"'>- ' ' ' ;" .'.' ,'..:', ,',. · '~ '"'~ ~ "'~-~'7~: ........· :" ...z.::' ,'..~.. ';, V.~.::"':: ":',,-~,.:.~..? 'v: ....... / ':'.-",:~ S23, aBl_ .53 Included in direct cost $ TRAVEL SUBTOTAL: J" -,'.,".';': j' '"',:.:,;._." :t:',.i': :'""~"':' ' $ b. EQUIPM~'NT. MATERIALS. SUPPLIES (Sp~'cifF cet.'.t;ories) Printinq and Data System Charges EQUIPMENT SUBTOTAL: C. SUBCONTRACTS Elect. Engi. ncer --- SUBCONTRACTS SUBTOTAL: OTHER ($peclfF catelJor~ea) QTY COST ! OTHER SUBTOTAL: _ e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 11. PROFIT $2. TOTAL PRICE E PA Form $70.0-41 (2-76) ESTIMATED '~,'.',3', ~ .a. . ::.~ ...... ,.. ;,. ' ..,:-. · :. '::'..'"'.,~:-: --' .... . :.. ESTIMATED , "',"::i ! '?',' COST ,:.,,.- . 1,000 " .. , · ,. ESTIMATED COST ,":' ~' 3,200 "": ~ .~. o .,~ ,~.'~ ,- ~' ~... ..,- ;. . 3 .'; ,'," .,.:.-.:.'..~ ":::-'..:':::.'j.: ' ESTIMATED C DST ,; ..,: ,:,. ,-' '.r-"-':: L!::::: · , ,'< ,, .,,4,.' -,.':~..~. o .,., . · ,.. ~ ·..:..., .,, - s ~=,_2_00._. 0 J1 s 4 2, ?66. $ 6,183.67 ~ 48,450.00 pAGE t OF 5 COMPETITOR°S CATALOG LISTINGS, IN-HOUSE ESTIMATES. PRIOR QUOTES UARKE:T PPOPOSF"D (Zndtcate b. ai9 [or price co~aHaon) PRIC ElS) PRIC [ :...: - j:h.-~. , .... :/,'/-.. · -..-.~--~. -~-~- x~..' -:: ~.-.~.--4:h.~.:-_'--~ -:...u .:--'.~ :-....~..,..~ .~.-: .].~ .:~-.~.,.~..:L~.~:-- ~,:L.,~.;c.. ::-...--:~...~(;~-.'~;:~;..:..~.:~.~; ¢~.h~:]~.;~e(f~..~,:.~-~:~,-~.%.~ ~ PART IV-.CERTIFICATION5 ' CONTRACTO~ HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY R~VI~W OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTH~ F~D~AL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS Ms. Rosemary Maron State of California State ContrOller Division of Audits 14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES As contained in 41 CFR 1-15.4 [~ NO ~ "Faa" ~iva nam~ add~aa and tel~hone n~be~ o[ ,avie~in~ ollic~ Completed July 1979 (916) 322-7445 14Co This proposal is submitted/or use in connection with and in response to (1) · This is to certify to the best of my knowle( and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2). November 8, 1979 and that a financial management capability exists to fully and accu-. rarely account for the financial., transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and' ' pricing data have been determined, as a result of audit= not to have been complete, curren~ and accurate as'" of the date above ..... OAT[ OF' EXECUTION SIGNATURE OF PROPOSER TITLE OF PROPOSER I ~.Gi~ANTEE REVIEWER -' I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for s-bngreement award, DATE OF EXECUTION SIGNATURE OF Re'vIEWER 16. EPA REVIEWER ~Happlicable} TITLE OF REVIEWER DATE OF' EXECUTION EPA Form 5700-41 (2-76) SIGNATURE OF' REVIEWER TITLE OF REVIEWER PAGE 2 OF INSTRUCTIONS In comoleting 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 to all subagreements. Part tl is applicable to all subagreements requiring a cost review pursuant to EPA grant regulations. Part I!! 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 ! - 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 subcontractor'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 !1 - 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 accounting or estimating system. 40 CFR 30.710 co. ntains general cost principles applicable to subagreements under EPA grants. Pursuant to that section, all subagreements awarded to profit-making organizations are subiect to the cost principles of 41 CFR 1-15.2. Architect-engineer and construction contracts are subject also to 41 CFR 1-15.4. Item 7 - Direct Labor Direct labor costs normally include salaries at a. reKular time rate. Overtime premiums should be identified separately on an attachment. Incurrence of unanticipated overt/me costs requires the approval of the grantee at the t/me of incurrence. If s/gm'f/cant overt/me is known to be needed at the time of comp/et/on of the cost review form. the reasons therefor, labor categories, rates and hours should, be identified on an attachment. A/so included is the cost of partners' or pnnc/pals' t/me when they are d/rect/.v engaged in set-/lces to be rendered under the contract. In case the full t/me of any emO/oyee is not to be devoted to work to be performed under the con~ract, only the cost of actual time to be applied should be included. The compensation of a partner or principal shah be included as direct cost only for the time that he is expected to be en~aged directly in the performance of work under the contract and only if it is the firm's normal practice to charge such time directly to aH lObs. The rate of compensation of a partner or principal shall be commensurate with the cost of employing another qua/ih'ed person to do such work. but the salary port/on shaft not exceed the actual salary rate of the individual concerned. Distribution of profits shall not be included in the rate of compensation. Enter in block 7 the categories of professional or technic. personnel necessary to per'form each major element-of work und( the contract scope of services. Estimate man-hours for eac category and extend them by the wage rates to be paid during th actual performance of the work. Current rates, adjusted fc projected increases, if any, should be used tot the actual categorie of labor contemplated. All projected increases should be supporte by recent experience or established personnel policy. Enter in the far right column the total estimated direct labor cos Supporting' records to be maintained by the contractor an which must be submitted or made available to the grantee or EP upon request include: a. The method of est/matin8 proposed man.hours. C. The computation technique used in arriving at propose labor rates. The specific documents, books, cu' other records used a factual source material to develop proposed man-hours an, labor rates. d. Detailed rate computations which were used in computin the information submitted on the form. If in block 14a. the contractor has checked "No." a brie narrative description of the methods used in arriving at items through d above shall be included on an attached sheet. Item 8 - Indirect Costs Indirect costs may consist of one or more.pools of expense which are grouped on the basis of the benefits accruing to the co-. objectives represented by the distribution base or bases to whic, they are a/located. S/hca accounting practices vary. the use c particular groupings is not required, tVeither is the use of an particular allocation base mandatory. However, it is mandatory thz the method used results in an equitable allocation of indirect costs t the cost objectives which they support. Normally, the firm's ~ccounting system and est/mating practice w/H determine the mthod used to a/locate overhead costs. The firm' established practices, if in accord with generally accept~ accounting principles and PROVIDED THEY PRODUCE EQUITAaL, RESULTS IN THE ClRCUf~fSTANCES. will generally be acceptec Proposed overhead rates should represent the firm's best est/mat of the rates to be experienced during the contract per/od. The, should be based upon recent experience and be adjusted for know, factors which will influence experienced trends. Common overhead groupings are overhead on d;rect labor an~ general and administrative expenses. The first grouping usuaH. includes employment taxes, fringe benefits, holidays, vacation, ida t/me, bonuses, etc.. applicable to direct labor. The second genera/i. includes the remaining costs which because of their incurrence fo common.or joint ob/actives are not readily sub/ecl to treatment a: direct costs. It is expected, however, that proposal groupings wA correspond w/th the firm's normal method of accumulating ind/rec costs, (Under some accounting systems, the first ~rouping would b~ inc/uded instead under item ?.) No special categorization is require~ provided the results are realistic and equitable. Direct salaries are the normal distribution base for overheat costs, but in some circumstances other bases produce mor~ equitable results. As in the case of overhead costs group£n~s. method to be used will depend upon the firm's normal practices the equity of the results produced in the circumstances. EPA Fo,m 5700-41 (2-76] PAGE 3 OF' 5 In rna case ol muJr/-oranci7 ~/rms, lo, hr ventures or expected t, Sat overhead cost5 applicable to the s~ib~ where ~rk ~5 to be peHorm~ w/H be pro~s~. Company-wide, P~nt venture, or affiliate ~te ave~eJ may not be appropriate. The ' rate5 should be taiior~ to the work I~at/on~ The all, ate overhead costs mo~ pr~isely. The rate proposal should be based 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 normally used by the firm for allocation of indirect costs. Enter the indirect cost rate for each pool and extend each one by the-rate base to which it applies to arrive at the estimated indirect costs to be incurred during the actual performance of the work. If the direct labor total from block ? is not used as the rate bas~. for any of the indirect cost pools, the rate base used must be explained on an attached sheet. A brief narrative statement 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 the firm's policies regarding the pricing and costing of principals' time. 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 costs. Supporting recor~ts to be maintained by the contractor and which must be submitted or made available to the grantee or EPA upon request include: Detailed cost data showing overhead accounts, allocation bases, and rate computations for the preceding fiscal 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. Company budgets, budgetary cost data, 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 costs: Travel costs, including transportation, Iodgfng, subsistence, and incidental expenses incurred by personnel or consultants while in a travel status in connect/on w/th the performance of services required by the contract. The cost principles genr~lly require the use of less than first class air accomodabon$ and a/$o limit the cost of private aircraft. b. Equipment, Ma ter~a/s, and Supplies long distance telephone, telegraph, and cable expenses to be incurred in connection with the performance of services required in connect/on with the contrac£ (2) Reproduction costs including blueprints, b/ack and white prints, ozalid prints, photographs, . photostats, negatives; and express charges. Commercial printing, binding, artwork, and models. (4) Special equipment. c. Subcontract& d. Other. D/rect costs, if any, not included above. Enter in blocks 9a-d ali other direct costs proposed..Travel costs entered must be supported by an attachment .which ~dentifies the number of man-trips proposed and the estimated cost per man-tr,p for both local and long distance transportabon. The number of days and the rate per day must be. provided to support the per diem shown. Each subcontract and consultant agreement must De identified separately in block 9c. For each subcontract in excess of $]0,000. this EPA Form §700-4! completed and certifi~ ¥ the subcontractor shall be appended. Enter in the far right column on line 9e the total of all ott._. Jirec! costs (ga-d). Supporting data to be maintained by the contractor and which must be submitted or made available to the grantee or EPA upon request include: a. basis for other direct costs proposed, · - b. factual sources of costs, rates, etc.. used in computing the proposed amount of each cost element. Item 10 - Total Estimated Cost Enter the total of ali direct labor, indirect costs, and other direct costs from items 7.8, and 9. Item 11 - Profit : - .. · ,4 fair and reasonable provision forprofit cannot be '~nade by simply applying a certain predetermined percentage to 'the total est/mated cost. Rather. profit will be est/mated as a dollar, amount after considering:. .... · a. degree of risk, b. nature of the work to be l~erformed, c extent of firm's investment, cf. subcontracting of work, and e. other criteria. The Federal Procurement Regulations cost principles ~ :cable to subagreements w/th profit, making organizations (4 ] CF -] 5.2 and ]-25. 4) d/sallow certain types of costs which are sometimes incurred by firms in the normal conduct of their business. Examples' of cost5 which are not allowable under these cost principles include. but are not limited to, entertainment, interest on borrowed capitai and bad debts. Because the Government considers "profit" to be th,,.. excess of price over allowable costs, such computation can indicatc- a higher profit estimate than the ~'rm's e~perienced profit as ii' customarily computes it. The contractor may separately disclose to the grantee its customary computations. Enter the dollar amount of profit in block II. Item ! 2 - Total Price Enter the total of item ! 0 and item ! 1. PART I11 - 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 price comparison is used as a basis for award of a subcontract. Item 13 - Competitor's Catalog Listings, In-House Estimates, Prior Quotes Enter sources of all competitive bids or quotes recewed, or catalogs used and their prices, or in-house est,mates made, if appropriate, for comparison. Attach additional sheets' if necessary. particularly for purchases of several different items. Enter in the far right column the proposed pr/c( r the subagreement. EPA Form 5700-41 (2-76) PAGE 4 OF 5, PART IV - CERTIFICATIONS Item 14 - Contractor - FOR USE. BY CONTRACTOR OR SUBCONTRACTOR ONLY Complete this block only if Part II has been completed. · Complete this block only if Part II has been compieted. Enter the specific cost principles with which the cost summary of Part !1 conforms. Cost principles applicable to subagreeme~ts 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 CFR 1-15.2, and, for architect-engineer or construction contracts. 41 CFR 1-15.4. (I) Describe the proposal, quotation, request for price adjustment or other submission involved, giving approDriate identifying number (e.g., RFP No. ). (2) Enter the date when the price negotiations were concluded and the contract price was agreed to. 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. showin~ 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 Reviewer- FOR USE BY GRANTEE ONLY If required by applicable grant regulations, the grantee must submit the signed form for EPA review prior to execution of the subagreement. Item 16 -EFA Reviewer- FOR USE BY EPA ONLY EPA Form 5700-41 (2-76) PAGE S OF S EXHIBIT C Overhead Rates (a) (b) (c) (d) (e) The allowable indirect costs under this contract shall be obtained by applying overhead rates to direct labor costs or to other bases agreed upon by the City and the Consulting Engineer, as specified below. · . The Consulting Engineer, as soon as possible, but not later than six months after the ex.Diration of his fiscal year, shall submit to the City.a proposed final overhead rate or rates for that period based on the Consulting Engineer's actual data. Determination of overhead rates for each period' by the Consulting Engineer and the City shall be undertaken as promptly as practicable after receipt of the Consulting Engineer's proposal. Final determination of these overhead rates shall be based upon final audit. Allowability-of costs shall be determined in accordance with the provisions of 41 CFR 1~15.2 and 1-15.4. The results of each determination shall be set forth in a modification to this contract, which sha.ll specify' (1) the agreed final rates; (2) the bases to which the rates apply; and (3) the periods for which the rates apply. Pending establishment of final overhead rates for any period, the Consulting Engineer shall be reimbursed at negotiated provisional rates as provided in the contract, subject to appr. opriate adjustment when the final rates for that period are established. To prevent substantial over or under payment, and to apply either retroactively or prospec- tively, provisional rates may, at the request of either party, be revised by mutual agreement. Any such revision of negotiated provisional rates provided in the contract shall be set forth in a modification to this contract. EXHIBIT D Statements of Clarification aJ B~ C~ Ail company-wide indirect costs which are considered allowable by federal government accounting practices are accumulated in a single pool and the sum is divi- ded by total company wide direct labor costs. Principals time is charged only when directly applied to the project and then charges are based on actual salary plus the same multipliers as other employees' Normal in-region travel costs and per diem costs are included in indirect expenses as calculated above. Normal for this project is. considered to-be a'maximum of one day of per diem and one man-trip to the site per week. The indirect cost rates used have been established through audit by the State of California in July, 1979, as actual rates for 1978 and provisional rates for 1979. A new HUD audit is anticipated in the summer of 1980 to establish actual rates for 1979 based on final calendar year results for 1979. Significant overtime costs are not anticipated at this time. Should factors develop where overtime costs be- come significant, labor categories, rates, and estimates of time will be submitted for City approval.