HomeMy WebLinkAboutReso 87-1981RESOLUTION NO. 87-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
IN CONNECTION WITH THE CONSTRUCTION OF THE
SLUDGE DEWATERING FACILITIES FOR THE CITIES OF
SOUTH SAN FRANCISCO AND SAN BRUNO
that'
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Contract.
Execution of a Contract entitled, "Contract for Professional Engineer-
ing Services in Connection with the Construction of the Sludge Dewatering
Facilities for the Cities of South San Francisco and San Bruno" is hereby auth-
orized and a copy of said-Contract is attached hereto as Exhibit "A."
2. Signatures.
The Director of Public Services is authorized to execute said Con-
tract on behalf of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 5th day of August , 1981, by the. following vote'
AYES' Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
NOES:
ABSENT-
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
· City C
EXHIBIT "A" TO RESOLUTION NO. 87-81, adopted 8/5/81
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
IN CONNECTION WITH THE CONSTRUCTION OF THE
SLUDGE DEWATERING FACILITIES FOR THE
CITIES OF SOUTH SAN FRANCISCO AND SAN BRUNO
The following is an agreement between the CITY OF SOUTH SAN FRANCISCO,
CALIFORNIA, hereinafter referred to as "City" and GEORGE S. NOLTE AND
ASSOCIATES, a California corporation, hereinafter referred to as
"Consulting Engineer".
WHEREAS, City is acting as Lead Agency for a group of North Bayside
Discharges of San Mateo County, California consisting of the Cities
of South San Francisco and San Bruno in this particular project of
wastewater solids management improvements; and
WHEREAS, the Consulting Engineer is a duly licensed and qualified
engineer and is experienced as a Consulting Engineer in matters connected
therewith, and has offered services for the purposes specified in this~
agreement; and
WHEREAS, in the judgement of the City Council of said City it
is necessary and advisable to employ the services of said Consulting
Engineer for said purpose in connection with the proposed construction
of sludge dewatering facilities, hereinafter referred to as the "Project".
NOW, THEREFORE, in consideration of the promises hereinafter made
and exchanged, the parties hereto agree as follows:
1. Employment of COnsul. ting Engineer: City agrees to employ
Consulting Engineer and Consulting Engineer agrees to perform engineering
services for City in accordance with the provisions hereinafter contained
in this Agreement.
Consulting Engineer shall serve as City's professional engineering
representative in those phases of the Project to which this Agreement applies,
and will'give consultation and advice to City during the performance of
said services.
Consulting Engineer may employ the services of outside consultants
and subcontractors as is deemed necessary to complete work under this
Agreement in accordance with Part 2 of the Rules and Regulations attached
hereto as Appendix "D" and incorporated herein. The Consulting Engineer
shall be as fully responsible to the City for the acts and omissions of
his subcontractors and of persons either directly or indirectly employed
by ~hem, as he is for the acts and omissions of persons directly employed
by him.
The applicable portions of the REQUIRED PROVISIONS CONSULTING
ENGINEERING AGREEMENTS, 40 CFR, Part 35, Subpart E, Appendix C-I, attached
to this contract as Appendix D, shall be in effect as though set forth
fully in the body of this Agreement.
2. .Scope of Services: The Consulting Engineer shall provide basic
and special services for Step 3 - Construction Management as described in
the attached Appendix A.
3. Payment for Services: In consideration of the faithful perfor-
mance of this Agreement by Consulting Engineer, City agrees to pay
Consulting Engineer a fee composed of direct labor costs, allowable
indirect costs, and appropriate profit on these costs, The payment under
the Cost Plus Fixed Fee method of contract is estimated to be $13,285.36
direct labor costs, $22,173.26 indirect costs, $1,000.00 printing,
$2,500.00 subcontract costs, $1,376.00 surveying, $6,015.38 profit, for a
total price of $46,350.
These costs are further delineated in the attached EPA Form 5700-41,
Appendix B.
Costs in excess of the amounts estimated herein, eXcept for costs
resulting from changes in overhead rates, shall not be incurred by
Consulting Engineers without prior approval by City.
4. Progress Payments: Consulting Engineer shall submit bills to
the City every four weeks for work done in accordance with this Agreement.
Bills shall be due and payable to the Consulting Engineer within
thirty days from the date of City's receipt thereof. Bills shall be
itemized to show direct costs, indirect costs, subcontract costs and
prorated fixed fee.
5. ~ime of Performance: Consulting Engineer shall commence
immediately upon receipt of a Notice to Proceed from C{ty, and shall
complete all work required herein within three (3) months of the final
acceptance of the Project by City.
6. Project Representation: Consulting Engineer and City shall
each designate in writing within ten (10) days from the date of execution
of this Agreement a representative who shall be totally responsible for
coordinating the efforts of their respective party with regard to the
performance of the work as set forth under this Agreement. Project
representation may be changed upon the mutual agreement of the City and
Consulting Engineer.
7. Responsibilities of City:
The City shall:
a. Provide full information as to requirements for the Project.
b. Assist Consulting Engineer by placing at his disposal available
information pertinent to the project including previous
reports and other data relative to the project; all of which
Consulting Engineer may rely upon in performing the services
agreed upon.
c. Guarantee access to and make all provisions for Consulting
Engineer to enter upon public and private property as required
for Consulting Engineer to perform services.
d. Provide routine inspection services for the subject project
including liaison with Contractor. Notify Contractor
when work is judged unacceptable.
-2-
e. Select and retain testing firms and laboratories, as required.
f. Organize and attend meetings including preconstruction conferences,
progress meetings and other job related conferences.
g. Review progress schedules and make determination regarding their
acceptability.
h. Maintain records of all correspondence, reports, submittals,
change orders, field orders, supplemental information for
clarification and interpretation of the Contract Documents,
progress reports, and other progress reports including job
diary and Contract Record Drawings information.
i. Review and approve Contractor's payment requisitions.
j. Review and approve guarantees, certificates, maintenance
and operation instructions/catalogues, with assistance from
Engineer.
k. Perform-Grant Administration Services for obtaining and complying
with all conditions of approval contained in any grants, rules,
~egulations or guidelines pertaining to the Project.
8. Additional Work: For any work directed by the City which is
not delineated in Appendix A, the Scope of Work will have changed and
the fixed fee will be subject to renegotiation. A supplemental agreement
or amendment to this Agreement shall then be entered into delineating
the additional work, associated provisions, and compensation for same.
The supplemental agreement or amendment to this Agreement shall be
preferentially executed prior to Consulting Engineer performing said
additional work; however, should this not be possible in the interest
of time, City shall give Consulting Engineer written authorization
for performance of services while the necessary documents are prepared. ~
Should an unusual amount of extra work be added to the construction
contract necessitating an increased level or amount of services by
Consulting Engineer as directed by the City; or should the construction
period be extended beyond one year requiring additional services by
Consulting Engineer as directed by the City, the costs of which exceed
the provisions of this Agreement, then a supplemental Agreement shall be
entered into and the fixed fee renegotiated as stated above.
9. Termination of Agreement: This Agreement may be terminated
by either party upon ten (10) days written notice in the event of substan-
tial failure of the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
If this Agreement is terminated for any reason during any phase of
construction, Consulting Engineer shall be paid for the reasonable value
-3-
of services performed by him up to the time of such termination. Said
reasonable value to be determined in the following manner:
a. Value of direct labor will be the Consulting Engineer's payroll
cost for service rendered to the date of te. rmination. Indirect
labor will be based on the appropriate contract rates and
overhead factor.
b. Value'of subcontracts will be the cost for subcontract work
incurred by Consulting Engineer to the date of termination plus
a 15 percent mark-up.
c. Value of profit will be a percentage of the contract fee .for
profit based on the percent expenditure of Consulting
Engineer's total estimated direct labor at the time of
termination.
Except as indicated above, Consulting Engineer's services for
the work shall terminate 90 days after final acceptance of the Project
or by mutual agreement of the City and Consulting Engineer. This contract
may be extended beyond that date by mutual agreement of the City and
Consulting Engineer.
10. Non%Assignability: Consulting Engineer shall not assign or
transfer this contract or any interest or obligation therein without
the prior written consent of City, and then only upon such terms and
conditions as City may set forth in writing.
11. Waiver: In the event that either City or ConsUlting
Engineer shall at any time or times waive any breach of this Agreement
by the other, such waiver shall not constitute a waiver of any other
or succeeding breach of this Agreement, whether of the same or any
other convenant, condition or obligation.
12. Insurance:
a. Consulting Engineer shall take out and maintain during the ·
life of this contract personal injury, bodily injury and
property damage liability insurance, including contractural
liability and auto liability, and shall protect City, its
elective and appointive boards, officers, agents and
employees and Consulting Engineer from claims for damages
for personal injury, including death, as well as from
claims for property damage which may arise from Consulting
Engineer's rendition of services under this contract,
whether such services be by Consulting Engineerior by
anyone directly or indirectly employed by Consulting
Engineer. It is agreed that such insurance as is afforded
by said policies of insurance shall be extended to include
the City of South San Francisco, its elective and appointed
boards, officers, agents and employees, with respect to the
rendition of services performed by the Consulting Engineer
-4-
or anyone directly or indirectly employed by Consulting
Engineer. The amount of such insurance shall be a combined
single limit in the minimum amount of One Million Dollars
($!, 000,000).
b. Consulting Engineer shall also obtain ~nd keep in force and
effect professional liability insurance covering any loss
arising out of or related in any manner to any errors,
o~issions, or negligent acts of Consulting Engineer, its
employees, agents and subcontractors in the minimum amount
of One Million Dollars ($1,000,000).
c. Consulting Engineer shall not commence work under this
contract until he shall have obtained all insurance required
by Subsections (a) and (b) above, and evidence of such
insurance has been approved by City as to form, amount and
carrier, nor shall Consulting Engineer allow any subcontractor
to commence work on his subcontract unless such subcontractor
is covered by the policy of insurance obtained by Consulting
Engineer.
d. The policies of insurance required by subsections (a) and
(b) above shall also contain a provision indicating that said
policy shall not be cancelled except upon forty-five (45) days
written notice to the City.
e. City shall indemnify, save harmless and at Consulting Engineer's
request, defend Consulting Engineer, its employees, agents and
representatives from and against all claims, demands, actions,
causes of action, losses, damages, liabilities, costs and
expenses arising out of, or in any way connected with, the
work performed by any City employee, agent or representative
authorized by the City to work on this project.
f. Consulting Engineer shall indemnify, save harmless, and
at City's request defend City, its employees, agents,
and representatives from and against all claims, demands,
· loss damages, liabilities, costs, expenses, including
reasonable attorney's fees or obligations for or in con-
nection with injury or damage to any person or property
resulting from the negligent acts, errors or omissions of
the Consulting Engineer, including its subcontractors and
representatives, in its performance hereunder.
13. Notices: Ail notices hereinafter shall be in writing and
shall be sent by certified or registered mail, postage prepaid, addressed
as follows:
TO CITY:
DIRECTOR OF PUBLIC SERVICE
City of South San Francisco
400 Grand Avenue
South San Francisco, California 94080
-5-
TO cONSULTING ENGINEER:
GEORGE S. NOLTE AND ASSOCIATES
1700 "L" Street
Sacramento, California 95814
14 Responsibilities of Engineer:
a. Except as City may specify in writing, Consulting Engineer
shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent.
Consulting Engineer shall have no authority, express or
implied, pursuant to this Agreement t'o bind City to any
obligation whatsoever.
b. At all times during the term of this Agreement, Consulting
Engineer shall be an independent contractor and shall not be
an employee of City.
c. All products of consulting shall become the product of and
the property of the City and shall be delivered to the
City not later than thirty (30) days after the termination
date of this Agreement unless an earlier time is specified
for a particular product.
15. Non-Discrimination: No discrimination shall be made by
Consulting Engineer in the employment of persons to work under this
contract because of race, color, national origin, ancestry, sex, or
religion of such person.
16. Workers' Compensation: Consulting Engineer, by executing
this contract, certifies that Consulting Engineer is aware of the
provisions of Sections 3700 et seq. of the Labor Code of the State
of California requiring every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance
with the provisions of that Code, and certifies that Consulting Engineer
will comply with such provisions before commencing the performance of the
work of this contract. A certificate of insurance for said policy shall
be deposited with the City when the Consulting Engineer executes this
Agreement.
In case any work is sublet, Consulting Engineer shall require
subcontractor similarly to provide worker's compensation insurance for
all of the latter's employees, unless such employees are covered by
the protection afforded by Consulting Engineer. Consulting Engineer
indemnifies City for any damages resulting to City from failure of
either Consulting Engineer or any subcontractor to take out or
maintain such insurance.
17. Costs and Attorney's Fees: The prevailing party in any
action brought to enforce or construe the terms of this Agreement may
recover from the other party its reasonable costs and attorney's fees
expended in connection with such an action.
-6'
'1 ~1I ! liT
18. Agreement Contains All Understanding: This document, together
with the attached Appendices A through D~ represents the entire and
integrated Agreement between City and Consulting Engineer and supercedes
all prior negotiations, representations, or agreements, e£ther written or
oral. This document may be amended only by written i~strument, signed by
both City and Consulting Engineer. All provisions of this Agreement are
expressly made conditions. This Agreement shall be governed by the laws
of the State of, California.
IN WITNESS WHEREOF, the City of South San Francisco, State of California
as authorized by the City Council at its meeting held on ~M-AT ~ /~ I
has caused its corporate name to be affixed hereto by t.he Director of Public
Service and City Clerk of said City, and the Consulting Engineer have hereto
set their hands and corporate name the A~ day of ~~ , 1981,
at South San Francisco, California.
CITY OF SOUTH SAN FRANCISCO, CALIFORNIA
S. Yee
Director of Public Service
·
GEORGE S. NCLTE AND ASSOCIATES
Authorized Agent for George S. Nolte
and Associates, a California
Corporation
Attest:
~City Clerk
-7-
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
(See accompanyln~, instruction.~ before completing, this form)
·
PART I-GENERAL
·
. GRANTEE
City of South San Francisco
3, NAME OF CONTRACTOR OR SUBCONTRACTOR
George S. Nolte and Associates
ADDRESS OF CONTRACTOR .OR SUBCONTRACTOR ('fnclude ZIP code)
Form A pprm'ed
OMB Ro. I58- R0144
2. G'RANT NUMBER
C-06-1267-140
4. DAZE Or ""O"OS^L
June 19, 1981
6. TYPE OF SERVICE TOBE FURNISHED
1700 L Street
Sacramento, California 95814
Step 32C°nstruction Management
Services
ESTI-
7. DIRECT LABOR (SpecttF lebor cete~oriee) MATED
HOURS
Engineering ManaRer 16
Senior Engineer 168
Cons truction Manager 520
Assistant EnRineer . . 180
Administrative Assistant 56
DIRECT LABOR TOTAL: ':.
·
PARTII-COST SUMMARY
HOURLY
RATE
$ 20.19
17.31
15.00
10.10
7.79
8. INDIRECT COSTS (Specify indirect cost poole)
Burden
Gene~a] and Administrative
o .
INDIRECT COSTS TOTAL:
9. OTHER DIRECT COSTS
TRAVEL
RATE
·
45~ s
Included in indirect costs.
Appendix C of this Agreement.
TRAVEL SUBTOTAL:
b. r',.C. UIP~'ENT, MATERIAl_S, SUPPLIES (Specify cete~ortee) QTY
Printing
ESTIMATED
COST
323.04
2,908.08
7,800.00
1 ,.818.00
436.24
ESTIMATED
x BASE =
COST
13,785.3.6 S'5,978.41
13, ?85.36 ' 16,194.85
Ret er to
COST
ESTIMATED
COST
ESTIMATED
COST
1,000. O0
TOTALS
- . - % * . .~- ,...,~. ·
. .,,,- .,,,., ~ ..: :.~,..-.,.~.:;-~
. ::'.'~,. , ~,:, ~.':' ..~-~:. ;~C~
.~ <..','...:..;~ ;..:
: :...~ ~,' 5:":~.
S 13~285.36
.. ~. :-:.'..;.',
.
,
s~,17~,~6
c. SOC-.CONTRACTS
KMT Engineers
EQUIPMENT SUBTOTAL:
( Elec tr ical)
SUBCONTRACTS SUBTOTAL:
d. Or,~.5 ~ (Specify cete~ories)
OTHER SUBTOTAL:
0 e.' OTHER DIRECT COSTS TOTAL:
· TOTAL. ESTU~.ATED COST
I t. PROFIT
t2. TOTA'L PRICE
E PA Form 5700-41 (2-76)
i. I
l,O00.O0
ESTIMATED
COST
!s ?.500.00
?, 500. OD
ESTIMATED
COST
~s
1,376 00
· ;
1,376.00
"-* 4 876 O0
'40,334.62
· .
~ 6,015.38
$46,350.00
PAGE t OF $
13.
,
PART III . PRI-CE SUMMARY
· COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES
(Indicate beale Ior pr/ce comp3~iaon)
OAfB No:
MARKET PROPOSED
PRICE(S) PRICE
PART IV-CERTIFICATIONS
14. CON TI~ACTOt3
.
141. HAS A I~ED~-~AL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY RFVIEW OF YOUR
ACCOUNTS OR IqECORDS IN'CONNECTION WITH ANY OTHER FEDERAl. GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHSt
~ Y ES ~ NO (If "Yea" ~ive name addrees and telephone number o! revlewinA of IIc~
·
Mr. War:eh Lum
Defense Comtract Audit Agency
415-327-8411 August 1980
14b .THIS SUMMARY CONFORMS WITH THE FOLLOW.lNG COST PRINCIPLES
14c.
As contained in 41 CFR 1-15.4
This proposal is subrmtted for u.~e in connection with and in response to (I)
'-'- . . 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) June 19, 1981 and that a financial management capability exists to fully and accu-
ra~,elv account for the financial transactions under this project. I further certify that I understand that the
suba-greement pr, ice may be subject to downward renegotiation and/or recoupment where the above cost and
pricing data Eave been determined, as a result of audit, not to have been complete, current and accurate as
/%: !f .-0.o..
Regional Manager
· ,
I,..,~",*;t',,, ~, tho: ! have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for ~nbagreernent award.
-(..
~,t TE O~ ExE. CUT,O~q
SIGhlATURE OF' REVIE'e, ER
TITLE OF REVIEWER
DATE OF EXECUTION
SIGNATURE OF REVIEWER
EPA Fo,m 5700-41 (2-76)
TITLE OF' IREVIEV~ER
PAGE Z OF ;
APPENDIX C
'STATEMENT OF CLARIFICATION
OVERHEAD RATES
(a) 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
b~low.
(b) The Consulting Engineer, as soon as possible, but not later
than ~ix months after the expiration of his fiscal year,, shall
submit to the City a proposed f£nal 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
Epgineer 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. .
(c) Allowability of costs shall be determined in accordance with
the provisions of 41 CFR 1-15.2 and 1.15.4.
(d) The results of each determination shall be set forth in a
modification to this contract, which shall specify: (1) the
agreed final rates; (2) the bases to which the rates apply;
and (3) the periods for which the rates apply.
(e) 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
appropriate adjustment when the final rates for that period
are established. To prevent substantial over- or underpayment,
and to apply either retroactively or prospectively, 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.
(f) 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.
· REQUIRED PROVISIONS
CONSUL?J,NG ENG:NF..ERI?';,G AGREEMENTS
I. C}c~cral
2. R. esr.onslbilit¥ or the Englntcr
Sco~ or.Work
4.
S.
9. Audit; Acc~s to R~ords
3. PHce R~uclion For DeFeclive Cosl or
Pricing
Su~ontr=cts
~r Slandards
Equal Employment O~rlun{ly
F'~ili~tion or SmMI or tdino~l)' Bu~in~
~ ~vtnsnt A~=[nst Co~:ingent
7.; .
S. Cop)'HgAts and Rights in
ne .-
the ~A ~ot-elt~ble worx ~ be ~~
under thio a~rrement ~d thmt mush pm-
~1~1~ of th~ ~Rreeme~t.
(b) The ~ork under t~.ls IFreement b
tonded tn part b)' & Rrant Irom Iht U.5. En-
~lronment~! ~otectlon ~Renry.'~elthtr the
ia} ~'he ~nglneeT '~hllt ~ ~pon~lhle let
the S~olt~loRil' quality, tKhnlr~l accuracy.
ail dqilzns, drralnxs. &pecl~:utlnGs.
~nd other s~rt'tceq rurnl~he~ b~ t~e
~'ltbou[ ~Cdttlon~! compen~a:lon. Correct o:
lb) The :ngineer sh~ll perrot~ suc~
compll%~ the ~or'~ required to b~ performed
ments In eCect on Lbo e&~'o: e~ecutton
this
lc) Approval by th~ Owl,~r Or ~PA
drawings. C~l~nm. ipecl~citlons, te~a.
~tshtd ~crrunder shRll J~O: In ~y wry
lleve the En~:n~pr ~ Frangibility rot th~
Owner's nor EFA'~ revS-w, e. ppru~al or
ceptknce or. nor pkTme~ for. Gny of the
leer, 6h~ll bt constr~ted ~ ope~te ~ h ~'alver
st~ce or th~ u~teemeflt.
the [~glneet's ne~llrent pe:~orma,sceor
or thc ~rvl~es lurntshed ~nder tb[~
mcr. t, tx:epS for e~cr~, osn~lnne or o:her
O:vn~r. O.vnrr.fu:nl~t, ed ~t~ o' e-y third
t~h~:o?~y Isce ~0 C~. 35D~5) r.t~ TC~m-
. ~et,ded by the ~',~g~nrer ~.d ere ~{lHlze~. the
~L'~ter ~h~ll t.~ {In~c ~,nly for Fr~m
~ence ~o the extent of ouch
The ~rvlce~ to b~ rendered t,y :~c ~n3:neer
~lc~ thc t~ ~r Step In Kcord~n:~ ~lth ap-
~u~n. Tt ~ In cheer on the dale o: cae:utlnn
~t v'o:k r~ ~e~ned ~d eeLOU: tn the engl-
meting ~e~lc~ ~greement ~ which th~e
(el ~c O'~nrr shay. &t any time. by vnl:-
work to be i,f:furm~, lf~uch ch&,,ae~
u~s huCre~qe er ~ecre~e I~ the ~t~r~eer'6
~nt s5~11 D9 mo~tP.~ In ~tttn~
~rttln~ ~ith:n ~0 C&)$ Jto~n the 0~ ~r
35 g37.-and 35 930 In erect on the cSs:e at ce:pt b$ the L't~ .7'.nter cf the ~,otlP. c&tlot~ or
~L~ ~eD[" ~eR~ the ~a~ Ot ezecutton me~: under thl) ug~ement.
f-.n ~ ~A rcquL~mtfl%~ rrl~tlr~ ~
.~h~te ~ 1~ ~ort ~J vrttt~E b)' ctthe~ ~&rt)'
~eemtn~ ~hrou~ nu fnul~ of t~e
In& p~rt;: ~rot'~d. That M quCb
tloo =~T ~ e~e-:~ uat~ the othe:
m~,t. rot,~= recetpt r~u~) o: Intent to
te~IG~e ~d t2t au o~rtunlt~ :or con-
~,) I ersni:~too.
,
(b) *~[S ~r~tnCt,[ m~}' 1)~ t~rn~tJJ~t~d
rot.;n r~cGl~t reque~t~ o~ Intent ~
l~nt~ ~n~ C2~ ~n OppOrtUnity /ct
t~;rfll
'(c) I~ t~:r,~tu~tlon for dt~ult ~s e~ccted
br the C~n~=. ~tt e~'~:t~ ~dJ.~st~: lA
n~N~ ~e ~dJust~ to thc e~:cat of n~,) ~clt-
/t,c~,J.le n trainable pro~t for srr~lc,..~ or
· .pr'glee~ ~rtetl (ul:i?~ thr l~otl:e Olrrct,q
Itt [,rtfor~Jt~K tht~ a~rreznent, whether CO~-
~r~tt, [~) cr (bi ~fl'~e. the O~ner n~ny toke
o~er tl,t ~'ork ~nd ~ro~ecutt the f.~mo to
n. f,tt~erwl~c. A~,~ ~ork tnkelt over by tho
Iht ~'~tec'~ rl~Y. ~-d th~ O~tr will
I~rt~te~ thq ~t~rln~r fro~ RII clo~q
Li,Ftt~ect'a .~'ork.
ill Jr. ~C~r ~fmlnatton for fnllu~ ot the
Iq ~eter~n~ that the ~toeer h~ f,ot
f~ll~, tl~a ~rmln~tloh sb~! ~ de.ed
: ·
·
.
t~;~e~ th~ O'~nrr n~d tt~ ~rrt,~rer
Ir the rattles ~::::n ~,.:,,~11) at. ce. er In .!
court or con~p~ttnt J, tr~lctl~n ~'lM~lfl the
Stab Iff which Iht Owner Lq It~l~.
(I} .~ayc~ent. :J.,,l: .%e n~aJe Lq I¢cer~r~ro
th~ ~ree~eNt. tt)~ paym~:~t
(bi r. lo~thly p:o~ p~)-ment.s
tn%de, tho C, wfser n1',~ w;thhoNI
I~fa:tor$' come, etlon b7 tl:e l:n~lnerr
thi% nFre:~ent. Wi:=a the O'~r~r <?tcrm!n~
Iici:on ol th~ O's. ncr. ~ thG11 :~1C~ t~ th"
supj)lcrncr, t.e~ Gr r.:cc'~3~tl'~ b7 ~uch
I,~Y:n-::t t:t~dcr t:U~ J,~'ccment
CINI~)~ D;ai~st the Owner Iri~ln~
Iott I, Lhcr~ln.
tho l:J~l:ln~er &h~lJ. Io the cxlc~,t
ri)lite, proriucL% n~terl=~s, cons~r~ctlolt
~vntl=ble throt}[:h con'petltlre pre-rime.t.
e~eet on thc dnte of e~reuLIon of ti,I)
~ent. e~ce~t ~ the e~tc~t thnt
tcchz~o/c~ ~y be ~tl:f~ed pur=uet~t to
Cb) Tho ~cihecr th~ll r~ot. I,~ the
r(,~qnce o: the work rnliod for by this
lUCh ~1 h rerittlrn tho t~ or
D~ncht~, proCtKt~, m~terl~Is.
ntetho~% tqul~m~nt. ¢,~ pr~emM ~'hlch Rte
~:drh ~',-dd ~N re'.lfltil~r I,I vl,.In:l,..
tJ,,:s t'u,l'r,,: ~q': {1'1. I'~ ].t.,l. '1 hf~
er~w~,r.%tc ~ mpcct~;e tl, h~. ee tn
F:c;,at~ t('. t~b~L~tlu~ th~ b~l~ f.,r thc
(dC ~'~e C~:ur~r b~ql; r.';mr[ b. the 0
Hy c~ ~??~.v~ ~. I~r[m~ t,~ ~orl:
or '.S'~rr ~;ts,t:~:d~ ;,nd ~l.t:~ J~ ;L' %~'J by the
r~
the
ot ut,dit n&:et~c)'(i~).
Bnd (h) Gbove. tO ~n~ ~r ~l,e nKe,,:l~ r,--
I~ ~() ~ "~"~ tl)~e~1 un~r ~n CPA
mc~t .~ r.~ r.~t~tng out o~ ~och ~er[orm-
&ncr. or c~'~ ~r 1~ ~ ~htch m~ ~dtt
IltlK~Llon. rl~ ~ e~Mptlhn.
~tciNu ~ATA
fThI3 r. to~J: (3 oppUcobte U the on,Dual o/
this c~ee~nt ~eedJ ;JO0.OOO.)
fa) ~r th~ ~r or [PA de~rml~e t~.~t'
&ny price. Icc~udl~ ~ro~t. n~otl~,~
~nne:t~o~ ~2~ thl~ ~r~ment or ~fly C~
~n~ln~ or ~ &ubcoD:rK~w turn:shed
C~tlon oC cu~c'nt c~t or prlcln~ n~
~ 5T0~l). then ~uc~ prlce'~ c~t or
(~;O~--5~e the c~rme~t (~ ~ub~ct to
lecture cos~ ~ ~tn~ dG:~ ~b~lttrd tn con-
~Cl~ ~th ccrfa(n ~ub~:,~t3. the
~c*) .)
It.
t~ Any eu~n:~tc~ ~ out.,'~e ~-
]n~lvld'Jm~ or D~ ~ ~('re K~I~c~:I7
ldenti~ r~d GR~ ~ durl~g
~ ~ ~m ?~L~:ly sut~o~z~d by the ~'ner
~y ~u~.t~Jt~ 13 or '~dl:lo~.~ ~ ~uch
~lll t~ a:bJ~t ~ tb~ ~or ~provnl o~ the
(b) ~ ~.~oeer ~n7 ~o~
~t. tr thc O~er anO the Engineer
bc[ebr ~) of the ~z~tr~t price ~ aub-
~]t~n e~val ag th~ ~er.
'J'o t.~,-' ez'.ent thst thls egrePrnent Involves
"con~:r'uction" (a.~ el~pe~ by the ~Kret~y
~f Lh~r). the ~ngln~r e~rees that ~uch
co~troctl~n work sl:a;l beaubJcct ~ the fnl.
]owlr,.~ l~r ~nd~ pro~lons, to ~e
etten~
1~3 ~v~-~con Act {(0
{h) C~n~r~ ~ork lIot~ ~nd ~f~y
~ndar~ Act {G0 ~.~.C. ~2~-333);
Ir.) Co~lin~Antl-~lc~b~ Act (lB US.C.
8~4i:
tall ~xrruttve ~der ri3~e
-~e~t opportunl~y):
.n~ Implementln~ rules, re~utatlo~.
'cie-ant orC~ of the ~retL~ or L~r or
~A: e~.1 tho ~;ln~r t~her ~ thst
lhf~ G~ent Ih~ll Includ~ Ind be e'Jb~ect
~ the '~t ~fld~r~
e~l[~ )~Is~d Co~t~ctlon C~nt~" (EPA
RUL,~5 AND RSC, Ub~TIOHS
·
rial) of thl3
111 iCCn:d,xrJce with }'P,% ~OIICy ~5 e~J, rer~
;,Ioy~ or appltcunt for e:np!oy~nent
ot ~ce. religion, color. Atz. ~o or ~tlo~!
' In ~coed~nce with EPA policy ~q
In 40 CD'~ 35 930-9. tho ~n~lneer price3 that
pt&c'ttcab:e op~ttunlty to p~rt~ctp~ In tho
performance o: ~PA G~ant-~s~ted
15. Co~ AC~sT Co~I~C/~T
~e EnRln~r w&~ants that no neT>On
KIIIJ~ ~e~c)' h~ b~n eml,:oy~ or rct~::ed
~ ~llcl~ or ~ore thle cuntrnct u;~on
agr~men~ or unde~tan¢:n~ ~or R comm:s-
&lan. per:entre, b~:.:err~e, or
or ~lol~Uon o~ thL~ ~r~nty the Owr. er
h~ve the ~&ht ~ l~ul tht~ e&reem~.nt with-
out liability or lo I~ dlscre:lon ~ etduct
~rom the contr~t p~ce or to~lCeratlor~.
othe~ise r~ovet, the full ~lnOUn~ of Auch
co~%%lon, p~ent~e, brokerage, oF cnn-
fluent t~.
{~) Jf It l0 found, nf~ef~otl?e nad
by tho Owner that gr~t~tltles (In the form
ente~l~tment, ~1[~, or otht~lse~
o~trcd Gr ElreO by the ~n~lneer. or ~ a~ent
~r rcprcsen~tlve of the En&ln~r.
o~cJnt, emp:oyee or ~pcnt at the Owe:ct.
t~e St~:e. or dC ~PA with a v)c~' ~'~:d
curln~ ~ contract or securing ~Rvornblo
?~ent with re, pict to t~e r.~Gr(llng or ear:ed-
with t~,ect to the per~ormn~zce o: tht~
the E~glneet. IermlnR:e thc rl~ht of. the
~nLtneer ~o pr~cd under th~ ~,Cree~eht cr
~7 pu~ue much other r~hte and
~rovl~e~ b7 law Or Under this
Prct'Jde~. That the cxLctr::ce ot thc fhctn
~n which tho Owl~cr mr, k~ nu:h
~h~ll be In l-~ue at~d ~.aT bc ~cvlc'-'ed In pro-
tt?Jl~F~ pu~t~hnt to thc ~cmedlm cl~tt~e
thl~
(b) ]~ tho cve;~t ~his n;r~emel~t
nat~ ~a pto',lOed In p~m~roph (~)
the Owner ahall be entitled (I) to ~'ar~:~
the ~me ~tm~dl~ against the ~nclr,{*et
could ptmmue In the event n~ a breach o~ the
CnntrK& by the ~nglneer. and {3) R~ n pen-
· lty I~ md~tlon ~ nny o:her d~mn;:ts
whlch It ma~ be en:ltled b7 la~'. -to
exempla~ damages In an omount Ins g~ter-
Inln~d b~ the Owner) ~'htch -hAil be mot.
Je~ then ~hr~ nor more thnn ten time4 the
crab lncu~ed bl the ~nElnc~r In provldlnc
iPy ~tlCh E~tultit~ ~o ~ny much o~lccr or
lT, P~TZ~TO
Jr th~ o~ee~ent lnvnTves re~Arc~, devt1*
~ork ~nd any ~l~overy or Jl~ventJcT~
z~eelnent, such Inventl~.n or discovery
be ~ub)~C to the lt~rtlj~ and ll~h~
ilon~ .oT &:)brar~ ~ o~ 40 CFR i'art 30. In
e~t on the dste or executlo[a of t~l~
~nt. lnclu~ln2 Rppe.d~ Dot raid ~rt 30.
In Juc~ ~. ~he Engineer ~hall report the
¢~o'~e~ or Invention ~ Ri'A dltKtly or
th~ouFh the Owner. ~nd ~hsll otherwlFe
ply ~lth the ~nqr'a te~on3tbl]ltl~
cordince with 1~ld Oub~ D of
l~xrt 30 '3 he En;tne,:r hereby l~gre~ float :he
~n(:,,r t!llr, fl_..-tt~.,npr, t .~?,~11 be In acce.¢xr.:a
ttot~ed Appentlla ~1 The Engln~r ahnil
cludo p?O~'l~l()=L'~ &pproprlhCo to c~u~ta the
~tlr~,~t& Of Iht3 C(,~Gl:lO~ I11 ail ~U?~on:rf.c~
men~l, or demotk~trotlo~ work.
1~1 Th~ ~nKtnett i~eel that &ny
~r~lnKq. ali',lEns, ape¢lflc~tlor~~ comp, tar
with D~PA Krant fund.), trchnlcnl
e~mth~g mRnt:~l~, and Other ~vntk
t*lth ~ ~tcp I l'~cllltt-~ Platt Ct with ~ S~p 3 .
epeclficd to be d~llvered' t~r, Cer tS:s
p~l~ for ~,nCer thtq o~eem~nt ffefe~d to
J~t ~ the rt;hL~ Irt the lYf,lied S:~t~, ~ t~t
such ~hJ~t bat~. In ~h~!e or ht ~tt.
&ny m~nner roi nny pur~e ~'hnt,,oerer. and
have other~ d~ ~. ~r ~utp~e~ of th~
cie, "Cr~z~tee" tl us~ In &~ld A~pend:x C
Lh~11 refer to, tt.e ~:~tneer. Ir th~ ll~ste;:~l
co;,yrl~h~n~le, the ~n~ln~cr nm~
&uch. a~ pern~ltLPd by ~a~d Ap~ez:dl'Z C.
st:b;rct to the rlch'~ In t~e G~vernnJent
~ree. T~C~ClU~IvP ~nd [rr'e~T~ 11cen~
reprc~:,re, p~lbll~h an~ u%e ~tlch
Jn ~'hole or In'D~rt. ~ncl to ~Uthorl%e
'e~o~ ~;,ro~l~t~ Io ~e~t~m&e the ~u~e
or thlq co:,dttton In ~11 sL~bc~n~c~ c~prcted
(bt Al! s.ch Cuble~ ~t~ f~rn~5~J by
~n~ncer ~u.~u~n: to thl~ ~ret~t
~r(,trct It I~ t~W~Prst~ t~t the
~t,1:nb~- f~,r ret,r~ cn ~ny oth,r ~ro~ect ~r f~:
thc O.,t.er nn(t v:ltS(,t~: 11~5111ty ~ the
z-Ill en~l:le thc ~;';1rcer to f~ttht;
~'r,~ ~nd thc
VOL. 41, NO. ~31~W[DNE$0AY. DfCE.~.~fll 3~, 1976