79-1210 Warren and Van Praag -4.q- \ ta
PROFESSIONAL SERVICE CONTRACT
PARTIES TO THIS AGREEMENT, Made and entered into this 10th day of
CONTRACT December , A.D. , 1979 by and between the SANITARY DISTRICT
OF ENGIN, hereinafter referred to as the "Owner", and WARREN & VAN
PRAAG, INC. , Consulting Engineers-Architects , hereinafter referred
to as the "Engineer", WITNESSETH:
AUTHORIZATION The Owner by resolution duly passed and adopted by its proper
OF CONTRACT officers on the 10th day of DECEMBER A.D. , 1979,
authorized and directed the employment of the Engineer to represent
the Owner in all matters pertaining to review and update of the
Sanitary District of Elgin 's "Combined Sewer Overflow Study, June,
1975", to comply with the latest State and Federal Environmental
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Protection Agency Regulations.
DESCRIPTION Paragraph 1 - The Engineer shall provide services as follows:
OF SERVICES
A. The services outlined herein will involve sewers owned by
the Sanitary District of Elgin and sewers owned by the City of Elgin.
The Sanitary District as lead agency shall be the grantee in regard
to the EPA funded portion of the work. Both the Sanitary District of
Elgin and the City of Elgin shall approve in writing the provisions
of this Professional Service Contract.
B. Preparation of a Step I grant application for past and future
engineering work performed on this project. This application would
include the Letter of Intent (A-95) and a Plan of Study. The Sanitary
District or lead agency must execute the necessary documents which are
required as part of the Step I application. These include statements
concerning responsible governmental entity, the designated official
and a certification of local financing (Step I only) .
C. An evaluation of current I .E.P.A. and U.S.E.P.A. water
pollution regulations and their effect on the situation in Elgin.
The updated report shall comply with current E.P.A. regulations and
requirements related to Combined Sewer Overflows.
D. Review the recently completed District wide Facilities Plan,
also known as the 8 MGD plant expansion, and establish interface be-
tween existing and proposed facilities, including the northeast plant,
the 8 MGD expansion and district wide sludge disposal with the combined
overflow problem solution.
E. Determine the organic loading at combined overflow points
to establish minimum design flow rates for combined overflow treatment
facilities in accordance with Rule 602 of the Illinois Pollution
Control Board Regulations. Organic loadings will be sampled as follows:
I . Twenty-four hour flow proportional composite sample will be
collected at up to 12 overflow points for three days at each
point.
2. Flew signaling will be done using Marsh-McBirney Model VM265
portable flow meters.
3. Samples will be collected using Isco Model 1680 portable
samplers operated in the composite mode.
4. Samples will be analyzed for:
a) BOD
b) TSS
c) VSS
d) Selected heavy metals (1 day at each location)
e) Ammonia-nitrogen (1 day at each location)
f) Phosphorus (1 day at each location)
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F. Determine the volume, rate, duration and selected pollutant
concentrations of combined sewer overflows, particularly with regard
to first flush. Combined sewer overflow monitoring will be conducted
as follows:
1 . Discrete samples will be taken at 10 to 30 minute intervals
at four of the overflow points at least during storm events
of varying magnitudes.
2. Approximately 500 to 700 samples will be taken.
3. Combined discharge flow metering will be performed using
Marsh-McBirney Model VM265 flow meter.
4. Samples will be taken using Isco Model 1680 portable samplers
• operated in the discrete mode.
5. Samples will be analyzed for:
a) BOD
b) TSS
c) VSS
d) Ammonia-nitrogen
e) Phosphorus (if demonstrated to be significant by
organic loading sampling)
f) Selected heavy metals
g) Fecal coliform
G. Determine effect of combined sewer discharges on river quality
particularly with regard to dissolved oxygen as follows:
1 . Continuous reading of dissolved oxygen monitors and Isco
Model 1680 portable samplers will be installed at three
locations along the Fox River.
2. Discrete samples will be taken at 30 minute intervals at two
locations and 2 hour intervals at the third location during
and following rainfall events.
3. 150 to 250 samples will be taken and anlayzed for:
a) BOD
b) Ammonia-nitrogen
4. A continuous recording level gauge of the Manning Pipper
type will be installed in close proximity to the upstream
face of the Elgin dam.
H. identify and analyze methods to reduce and/or eliminate
combined overflow including the following:
1 . No action
2. Non-structural controls, such as:
a) Sewer flushing
b) Improved street sweeping
3. Operational controls
4. Isolation of separate and combined sewer systems
5. In-line storage
6. Sewer separation
7. Disconnection of roof drains
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8. End of pipe treatment such as :
a) Coarse screening
b) Coarse and fine screening
c) Swirl concentrator
d) Sedimentation
e) Physical/chemical treatment
9. End of pipe treatment at remote sites
10. Storage and/or treatment at the dry weather STP
11 . Relief sewers
12. Inovative solutions
I . Preparation of construction, operation end maintenance costs
for the various alternatives and determination of the cost-benefit ratio
of the various alternatives and a cost-effective analysis between the
various alternatives.
J. Selection of the most feasible solution and preparation of
preliminary design for the recommended solution including flow diagram,
unit sizes and hydraulic profile.
K. Prepare and deliver fifty (50) copies of a report summarizing
the study including the recommendations, estimates and other pertinent
items.
L. Attendance at two meetings each (if required) with the United
States Environmental Protection Agency and the Illinois Environmental
Protection Agency.
M. Attendance at a public meeting and a public hearing.
N. Establishment of an interface between the study outlined
herein and the regional (208) water quality management planning program
currently being undertaken by the Northeastern Illinois Planning
Commission (NIPC) .
TIME OF Paragraph 2 - The Engineer shall complete the work under
COMPLETION Paragraph 1 of this agreement within eighteen (18) months of
receiving from the Owner authorization to proceed.
PERSONNEL AND Paragraph 3 - The Engineer shall provide a project study team to
FACILITIES include, but not limited to the following personnel :
REQUIRED
1 . Project Manager
2. Civil/Sanitary Engineer(s)
3. Civil/Sanitary Technician(s)
4. Surveyor(s)
5. Draftsperson(s)
6. Secretarial and Clerical
The number of personnel utilized shall be adequate to complete the
project in accordance with Paragraph 2.
The Engineer shall provide all facilities, except as specifically
stated in Paragraph 1 , required for the completion of the services
involved including office space and facilities, vehicles, survey
instruments, and flow meters.
SUBCONTRACTING Paragraph 4 - Subcontracting.
Although no subcontracts are anticipated, various vendors will
supply printing, transportation, communications computer services,
laboratory analysis and equipment.
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COMPENSATION Paragraph 5 - Compensation.
Compensation for services under Paragraph 1B shall be the lump
sum of $700.
Compensation for services rendered under Paragraphs IC thru IN
shall be the actual cost which is estimated to be $256,040.90, plus
a fixed fee of $37,000.
Should the cost of completing the work under Paragraphs 1C thru IN
exceed that estimated, the Engineer shall be compensated for his extra
work at cost only with no increase in the fixed fee. The Engineer
shall not exceed the cost listed herein without specific authorization
of the Owner.
Should the scope of the work be changed from that described herein,
the Engineer shall be entitled to additional compensation and fixed fees
for completion of said additional work. The additional cost and fixed
fees shall be negotiated by the Owner and the Engineer. The Engineer
shall not proceed with any additional work without specific authorization
of the Owner and determination agreement on the costs and fees.
INVOICING Paragraph 6 - Invoicing.
A. Compensation for services rendered shall be due and payable
monthly and shall be based upon invoices submitted by the Engineer.
B. Compensation for services rendered under Paragraphs IC thru
1N shall be computed in the following manner:
1 . Actual Costs.
a. Direct labor (manhour) costs including any overtime
premium, actually incurred, times a provisional
multiplier of 2.3465 to cover indirect costs (over-
head) , plus;
b. "Direct Non-Labor Costs" shall mean transportation,
meal allowances, lodging, print and reproduction
costs, telephone expense, meter and equipment
rental , computer use charges and other costs directly
chargeable to the project . Travel in company pro-
vided vehicles shall be charged at $0.20 per mile.
c. Actual subcontractor invoices submitted for services
rendered, plus;
2. Fixed Fee.
a. A percentage of the fixed fee based upon the
Engineer's estimate of the percent completion
of the work.
C. Actual overhead costs for this work shall be determined by
the Engineer upon closing of accounting records for the year(s) in
which the work was performed. Compensation for costs incurred shall
be adjusted thereafter and payment made, returned, or credited. Records
are subject to audit in accordance with Paragraph 23.
D. Invoices shall be due and payable, in full , upon submittal .
Should invoices remain unpaid thirty days after submittal , they shall
be subject to an interest charge of l% per month of the unpaid balance.
E. The equipment to be used in the sampling and metering program
shall consist of four (4) Isco 1680 Series III samplers and four (4)
Harsh-McBirney VM265 flow meters with acquired accessories. The samplers
and meters shall be leased to the Owner cn a monthly basis. The rental
charges shall be applied to the actual purchase price of the samplers
and meters which shall become the property of the Owner when the total
monthly rental charges equal the purchase cost of the samplers and
meters.
F. Any questions or objections regarding invoices shall be
conveyed to the Engineer in writing within fifteen (15) days of sub-
mittal , cr such invoices shall he considered accepted as submitted.
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OWNER'S Paragraph 7 - Throughout the progress of the work on the project,
RESPONSIBILITIES the Owner shall :
A. Notify the Engineer in writing to proceed with the work
described herein.
B. Provide full information available as to the requirements for
the project.
C. Assist the Engineer by placing at his disposal all available
information pertinent to the site of the project, including previous
reports, records, drawings, maps, and other data which may be useful
to the Engineer in the preparation of preliminary studies, comprehensive
reports, and design and construction of the project.
D. Be responsible for providing access to and making all provisions
for the Engineer to enter upon public and private lands as required for
the Engineer to perform his work under this Agreement.
E. Examine all studies, reports, sketches, estimates, drawings,
specifications, proposals, and other documents presented by the Engineer
and render in writing, when required, decisions pertaining thereto
within a reasonable time so as not to delay the work of the Engineer.
F. Designate in writing a person to act as the Owner 's representa-
tive whom the Engineer may contact with respect to the work to be per-
formed under this Agreement; and such person shall have complete authority
to transmit instructions, receive information, interpret and define Owner's
policies and decisions with respect to materials, equipment elements and
systems pertinent to the work covered by this Agreement.
G. With the assistance of the Engineer, obtain approval of all
governmental authorities having jurisdication over the project and
such approvals and consents from such other individuals or bodies as
may be necessary for completion of the project.
ESTIMATES Paragraph 8 - Since the Engineer has no control over the cost of
labor and materials, or over competitive bidding and market conditions,
the estimates of construction cost provided for herein are to be made
on the basis of his experience and qualifications, but the Engineer
does not guarantee the accuracy of such estimates furnished hereunder.
INSURANCE Paragraph 9 - The Engineer shall maintain such insurance as will
protect him from claims under the Workmen's Compensation Acts and from
claims for bodily injury, death or property damage which may arise from
the performance of his work. The Engineer will furnish the Owner a
certificate of insurance.
LIMITATION OF Paragraph 10 - The Owner agrees to limit the Engineer-Architect's
LIABILITY liability, due to the Engineer-Architect's negligent acts, errors or
omissions, such that the total aggregate liability of the Engineer-
Architect shall not exceed $50,000 or the amount of the fee, whichever
is greater.
INDEMNIFICATION Paragraph 11 - The Engineer shall be indemnified in full by the
Owner for any loss or claim of any nature or expenses incident thereto,
including Attorney's fees and cost, resulting from the failure of any
other party working on this Project to (1) correctly and fully comply
with the directions of Engineer or (2) use reasonable care in the
method or sequence of operation of said Project. It is agreed, due
to the size and scope of the Project, that the failure of Engineer
to observe either of the conditions set out in this paragraph shall
not limit or lessen this indemnification.
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DELAY OF Paragraph 12 - Paragraphs contained herein which relate to fees,
CONTRACT completion dates, time schedules, interest rates, and similar matters
are based upon conditions prevailing at time of contract negotiations .
In the event that a period of more than six months is permitted to
lapse between the presentation of this document to the Owner and the
time at which the Engineer is given authority to proceed, this instrument
will be subject to review. Recognition of the need for such a review will
not, in itself, be a basis for voiding this document.
SUCCESSORS Paragraph 13 - The Owner and the Engineer each binds himself and
AND ASSIGNS his partners, successors , executors, administrators, and assigns to the
other party of this Agreement and to the partners, successors, executors,
administrators, and assigns of such other party, in respect to all covenant
of this Agreement; except as above, neither the Owner nor the Engineer
shall assign, sublet or transfer his interest in this Agreement without
consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of any public body
which may be a party hereto.
DETERMINATIONS Paragraph 14 - Determinations of service required and described
OF SERVICE herein and compensation for completing same were based upon state and
federal regulations in effect at time of execution of this contract.
Changes in these regulations which change the scope of services
required, subsequent to contract execution will require a contract
amendment.
GENERAL CONTRACT Paragraph 15 - General Contract Provisions
PROVISIONS
A. The Owner and the Engineer agree that the following provisions
shall apply to the EPA grant-eligible work to be performed under this
agreement and that such provisions shall supersede any conflicting
provisions of this agreement.
B. The work under this agreement is funded in part by a grant
from the U.S. Environmental Protection Agency. Neither the United
States nor the U.S. Environmental Protection Agency (hereinafter,
"EPA") is a party to this agreement. This agreement which covers
grant-eligibility work is subject to regulations contained in 40 CFR
35.936, 35.937, and 35.939 in effect on the date of execution of
this agreement. As used in these clauses, the words "the date of
execution of this agreement" mean the date of execution of this agree-
ment and any subsequent modification of the terms, compensation or
scope of services pertinent to unperformed work.
C. The rights and remedies of the Owner provided for in these
clauses are in addition to any other rights and remedies provided by
law or under this agreement.
RESPONSIBILITY Paragraph 16 - Responsibility of the Engineer.
OF THE
ENGINEER A. The Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordination of all designs,
drawings, specifications, reports, and other services furnished by the
Engineer under this agreement. The Engineer shall , without additional
compensation, correct or revise any errors, omissions or other deficiencie6
in his designs, drawings, specifications, reports and other services.
B. The Engineer shall perform such professional services as may be
necessary to accomplish the work required to be performed under this-
agreement, in accordance with this agreement and applicable EPA require-
ments in effect on the date of execution of this agreement.
C. Approval by the Owner or EPA of drawings, designs, specification
reports, and incidental engineering work or materials furnished hereunder
shall not in any way relieve the Engineer of responsibility for the
technical adequacy of his work. Neither the Owner's nor EPA's review,
approval or acceptance of, nor payment for any of the services shall he
construed to operate as a waiver of any rights under this agreement or
of any cause of action arising out of the performance of this agreement.
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D. The Engineer shall be and remain liable in accordance with
applicable law for all damages to the Owner or EPA caused by the Engineer's
negligent performance of any of the services furnished under this agree-
ment, except for errors, omissions or other deficiencies to the extent
attributable to the Owner, Owner-furnished data or any third party.
The Engineer shall not be responsible for any time delays in the project
caused by circumstances beyond the Engineer 's control . Where new or
advanced processes, methods or technology (see 40 CFR 35.908) are
recommended by the Engineer and are utilized, the Engineer shall be
liable only for gross negligence to the extent of such utilization.
SCOPE OF WORK Paragraph 17 - Scope of Work.
The services to be rendered by the Engineer shall include all
services required to complete the task or Step in accordance with
applicable EPA regulations (40 CFR Part 35, Subpart E in effect on
the date of execution of this agreement) to the extent of the scope
of work as defined and set out in the engineering services agreement
to which these provisions are attached.
CHANGES Paragraph 18 - Changes.
A. The Owner may, at any time, by written order, make changes
within the general scope of this agreement in the services or work to
be performed. If such changes cause an increase or decrease in the
Engineer's cost of, or time required for, performance of any services
under this agreement, whether or not changed by any order, an equitable
adjustment shall be made and this agreement shall be modified in
writing accordingly. Any claim of the Engineer for adjustment under
this clause must be asserted in writing within 30 days from the date
of receipt by the Engineer of the notification of change unless the
Owner grants a further period of time before the date of final payment
under this agreement.
B. No services for which an additional compensation will be
charged by the Engineer shall be furnished without the written
authorization of the Owner.
C. In the event that there is a modification of EPA requirements
relating to the services to be performed under this agreement subsequent
to the date of execution of this agreement, the increased or decreased
cost of performance of the services provided for in this acreement shall
be reflected in an appropriate modification of this agreement.
TERMINATION Paragraph 19 - Termination.
A. This agreement may be terminated in whole or in part in writing
by either party in the event of substantial failure by the other party
to fulfill its obligations under this agreement through no fault of the
terminating party; provided that no such termination may be effected
unless the other party is given (1 ) not less than ten (10) calendar
days written notice (delivered by certified mail , return receipt
requested) of intent to terminate and (2) an opportunity for consulation
with the terminating party prior to termination.
B. This agreement may be terminated in whole or in part in writing
by the Owner for its convenience; provided that such termination is
for good cause (such as for legal or financial reasons, major changes
in the work or program requirements, initiation cf a new Step) and that
the Engineer is given (1) not less than ten (10) calendar days written
notice (delivered by certified mail , return receipt requested) of intent
to terminate and (2) an opportunity for consulation with the terminating
party prior to termination.
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C. If termination for default is effected by the Owner, an
equitable adjustment in the price provided for in this agreement shall
be made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) any payment due to the
Engineer at the time of termination may be adjusted to the extent of
any additional costs occasioned to the Owner by reason of the Engineer's
default. If termination for default is effected by the Engineer, or if
termination for convenience is effected by the Owner, the equitable
adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide
for payment to the Engineer for services rendered and expenses incurred
prior to the termination, in addition to termination settlement costs
reasonably incurred by the Engineer relating to commitments which had
become firm prior to the termination.
D. Upon receipt of a termination action pursuant to Paragraphs
"A" or "B" above, the Engineer shall (1) promptly discontinue all
services affected (unless the notice directs otherwise) , and (2) deliver
or otherwise make available to the Owner all data, drawings, specifi-
cations, reports, estimates, summaries, and such other information and
materials as may have been accumulated by the Engineer in performing
this agreement, whether completed or in process.
E. Upon termination pursuant to Paragraphs "A" or "B" above, the
Owner may take over the work and prosecute the same to completion by
agreement with another party or otherwise. Any work taken over by the
Owner for completion will be completed at the Owner 's risk, and the
Owner will hold harmless the Engineer from all claims and damages
arising out of improper use of the Engineer 's work.
F. If, after termination for failure of the Engineer to fulfill
contractural obligations, it is determined that the Engineer had not so
failed, the termination shall be deemed to have been effected for the
convenience of the Owner. In such event, adjustments of the price
provided for in this agreement shall be made as provided in Paragraph
"C" of this clause.
REMEDIES Paragraph 20 - Remedies.
Except as may be otherwise provided in this agreement, all claims,
counter-claims, disputes and other matters in question between the Owner
and the Engineer arising out of or relating to this agreement or the
breach thereof will be decided by arbitration if the parties hereto
mutually agree, or in a court of competent jurisdiction within the
State in which the Owner is located.
PAYMENT Paragraph 21 - Payment.
A. Payment shall be made in accordance with the payment schedule
incorporated in this agreement as soon as practicable upon submission
of statements requesting payment by the Engineer to the Owner. If no
such payment schedule is incorporated in this agreement, the payment
provisions of Paragraph "B" of this clause shall apply.
B. Monthly progress payments may be requested by the Engineer
and shall be made by the Owner to the Engineer as soon as practicable
upon submission of statements requesting payment by the Engineer to
the Owner. When such progress payments are made, the Owner may with-
hold up to ten percent of the vouchered amount until satisfactory
completion by the Engineer of work and services within a Step called
for under this agreement. When the Owner determines that the work under
this agreement or any specified task hereunder is substantially complete
and that the amount of retained percentages is in excess of the amount
considered by him to be adequate for the protection of the Owner, he
shall release to the Engineer such excess amount.
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C. No payment request made pursuant to Paragraph "A" or "B" of
this clause shall exceed the estimated amount and value of the work and
services performed by the Engineer under this agreement, which estimates
shall be prepared by the Engineer and supplemented or accompanied by
such supporting data as may be required by the Owner.
D. Upon satisfactory completion of the work performed hereunder,
and prior to final payment under this agreement for such work, or prior
settlement upon termination of the agreement, and as a condition precedent
thereto, the Engineer shall execute and deliver to the Owner a release
of all claims against the Owner arising under or by virtue of this agree-
ment, other than such claims, if any, as may be specifically exempted by
the Engineer from the operation of the release in stated amounts to be
set forth therein.
PROJECT Paragraph 22 - Project Design.
DESIGN
A. In the performance of this agreement, the Engineer shall , to
the extent practicable, provide for maximum use of structures, machines,
products, materials, construction methods, and equipment which are
readily available through competitive procurement or through standard
or proven production techniques, methods or processes, consistent with
40 CFR 35.936-3 and 35.936-13 in effect on the date of execution of
this agreement, except to the extent that advanced technology may be
utilized pursuant to 40 CFR 35.908 in effect on the date of execution
of this agreement.
B. The Engineer shall not, in the performance of the work called
for by this agreement, produce a design or specification such as to
require the use of structures, machines, products, materials, construc-
tion methods, equipment, or processes which are known by the Engineer to
be available only from a sole source, unless such use has been adequately
justified in writing by the Engineer.
C. The Engineer shall not, in the performance of the work called
for by this agreement, produce a design or specification which would be
restrictive in violation of Section 204(a) (6) of the Federal Water
Pollution Control Act (PL 92-500) . This statute requires that no
specification for bids or statement of work shall be written in such
a manner as to contain proprietary, exclusionary, or discriminatory
requirements other than those based upon performance, unless such
requirements are necessary to test or demonstrate a specific thing, or
to provide for necessary interchangeability of parts and equipment, or
at least two brand names or trade names of comparable quality or
utility are listed and are followed by the words "or equal". With
regard to materials, if a single material is specified the Engineer
must be prepared to substantiate the basis for the selection of the
material .
D. The Engineer shall report to the Owner any sole source or
restrictive design or specification giving the reason or reasons why
it is considered necesssay to restrict the design or specification.
E. The Engineer shall not knowingly specify or approve the
performance of work at a facility which is in violation of Clean Air
or Water standards and which is listed by the Director of the EPA Office
of Federal Activities pursuant to 40 CFR Part 15.
AUDIT: ACCESS Paragraph 23 - Audit; Access to Records.
TO RECORDS
A. The Engineer shall maintain books, records, documents and
other evidence directly pertinent to performance on EPA grant work under
this agreement in accordance with generally accepted accounting
principals and practices consistently applied, and 40 CFR 30.605,
30.805 and 35.935-7 in effect on the date of execution cf this agreement.
The Engineer shall also maintain the financial information and data used
by the Engineer in the preparation or support of the cost submission re-
quired pursuant to 40 CFR 35.937-6(b) in effect on the date of execution
cf this agreement and a copy of the cost summary submitted to the Owner.
The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor,
Owner, and (the State water pollution control agency) or any of their
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duly authorized representatives shall have access to such books, records,
documents and other evidence for the purpose of inspection, audit and
copying. The Engineer will provide proper facilities for such access
and inspection.
B. The Engineer agrees to include Paragraphs "A" through "E" of
this clause in all his contracts and all their subcontracts directly
related to project performance which are in excess of $10,000.
C. Audits conducted pursuant to this provision shall be in
accordance with generally accepted auditing standards and established
procedures and guidelines of the reviewing or audit agency(ies) .
D. The Engineer agrees to the disclosure of all information and
reports resulting from access to records pursuant to Paragraphs "A"
and "B" above, to any of the agencies referred to in Paragraph "A"
above, provided that the Engineer is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any
supporting documentation on the pertinent portions of the draft audit
report and that the final audit report will include written comments
of reasonable length, if any, of the Engineer.
E. Records under Paragraphs "A" and "B" above shall be maintained
and made available during performance on EPA grant work under this
agreement and until three years from date of final EPA grant payment
for the project. In addition, those records which relate to any "dispute"
appeal under an EPA grant agreement, or litigation, or the settlement
of claims arising out of such performance or costs or items to which
an audit exception has been taken, shall be maintained and made available
until three years after the date of resolution of .such appeal , litigation,
claim or exception.
PRICE REDUCTION Paragraph 24 - Price Reduction for Defective Cost or Pricing Data
FOR DEFECTIVE
COST CR PRICING A. If the Owner or EPA determines that any price, including profit,
DATA negotiated in connection with this agreement or any cost reimbursable
under this agreement was increased by any significant sums because the
Engineer or any subcontractor furnished incomplete or inaccurate cost or
pricing data or data not current as certified in his certification of
current cost or pricing data (EPA Form 5700-41) , then such price or cost
or profit shall be reduced accordingly and the agreement shall be modified
in writing to reflect such reduction.
B. Failure to agree to a reduction shall be subject to the
Remedies clause of this agreement.
SUBCONTRACTS Paragraph 25 - Subcontracts.
A. Any subcontractors and outside associates or consultants
required by the Engineer in connection with the services covered by
this agreement will be limited to such individuals or firms as were
specifically identified and agreed to during negotiations, or as are
specifically authorized by the Owner during the performance of this
agreement. Any substitutions in or additions to such subcontractors,
associates, or consultants will be subject to the prior approval of
the Owner.
B. The Engineer may not subcontract services in excess of thirty
percent of the contract price to subcontractors or consultants without
prior written approval of the Owner.
LABOR STANDARDS Paragraph 26 - Labor Standards.
To the extent that this agreement involves "construction" (as
defined by the Secretary of Labor) , the Engineer agrees that such con-
struction work shall be subject to the following labor standards
provisions , to the extent applicable:
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A. Davis-Bacon Act (40 U.S.C. 276a-276a-7) ;
B. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) ;
C. Copeland Anti-Kickback Act (18 U.S.C. 874) ; and
D. Executive Order 11246 (Equal Employment Opportunity) ;
and implementing rules, regulations and relevant orders of the Secretary
of Labor or EPA; and the Engineer further agrees that this agreement
shall include and be subject to the "Labor Standards Provisions for
Federally Assisted Construction Contracts" (EPA Form 5720-4) in effect
at the time of execution of this agreement.
EQUAL EMPLOYMENT Paragraph 27 - Equal Employment Opportunity
OPPORTUNITY
In accordance with EPA policy as expressed in 40 CFR 30.420-5, the
Engineer agrees that he will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, age or
national origin.
UTILIZATION Paragraph 28 - Utilization of Small and Minority Business
OF SMALL AND
MINORITY In accordance with EPA policy as expressed in 40 CFR 35.936-7, the
BUSINESS Engineer agrees that qualified small business and minority business
enterprises shall have the maximum practicable opportunity to partici-
pate in the performance of the EPA grant-assisted contracts and sub-
contracts.
COVENANT Paragraph 29 - Covenant Against Contingent Fees.
AGAINST
CONTINGENT The Engineer warrants that no person or selling agency has been
FEES employed or retained to solicit or secure this contract upon an agreement
or understanding for a commission, percentage, brokerage or contingent
fee, excepting bona fide employees. For breach or violation of this
warranty the Owner shall have the right to annul this agreement without
liability or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
GRATUITIES Paragraph 30 - Gratuities.
A. If it is found, after notice and hearing by the Owner that
gratuities (in the form of entertainment, gifts, or otherwise) were
offered or given by the Engineer, or any agency or representative of
the Engineer, to any official , employee or agent of the Owner, of the
State, or of EPA with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or the
making of any determinations with respect to the performance of this
agreement, the Owner may, by written notice to the Engineer, terminate
the right of the Engineer to proceed under this agreement or may pursue
such other rights and remedies provided by law or under this agreement,
provided that the existence of the facts upon which the Owner makes such
findings shall be in issue and may be reviewed in proceedings pursuant
to the Remedies clause of this agreement.
B. In the event this agreement is terminated as provided in
Paragraph "A" hereof, the Owner shall be entitled (1) to pursue the
same remedies against the Engineer as it could pursue in the event of
a breach of the contract by the Engineer, and (2) as a penalty in
addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount (as determined by the Owner) which shall
be not less than three nor more than ten times the costs incurred by
the Engineer in providing any such gratuities to any such officer or
employee.
-11-
PATENTS Paragraph 31 - Patents. If this agreement involves research, develop-
mental , experimental , or demonstration work and any discovery or invention
arises or is developed in the course of or under this agreement, such
invention or discovery shall be subject to the reporting and rights pro-
visions of Subpart D of 40 CFR Part 30, including Appendix B of said
Part 30. In such case, the Engineer shall report the discovery or
invention to EPA directly or through the Owner, and shall otherwise comply
with the Owner 's responsibilities in accordance with Subpart D of 40
CFR Part 30. The Engineer hereby agrees that the disposition of rights
to inventions made under this agreement shall be in accordance with the
terms and conditions of aforementioned Appendix B. The Engineer shall
include provisions appropriate to effectuate the purposes of this con-
dition in all subcontracts involving research, developmental , experimental ,
or demonstration work.
COPYRIGHTS AND Paragraph 32 - Copyrights and Rights in Data.
RIGHTS IN DATA
A. The Engineer agrees that any plans, drawings, specifications,
computer programs, technical reports , operating manuals, or other "Sub-
ject Data" (as defined in Appendix C to 40 CFR Part 30) are subject to
the rights in the United States, as set forth in said Appendix C, in-
cluding the right to use, duplicate and disclose, such manuals, etc. ,
in whole or in part, in any manner for any purpose whatsoever, and have
others do so. For purposes of this article, "grantee" as used in said
Appendix C shall refer to the Engineer. If the material is copyrightable,
the Engineer may copyright such, as permitted by said Appendix C, and
subject to the rights in the Government as set forth in Appendix C, but
the Owner and the Federal Government reserve a royalty-free, nonexclusive,
and irrevocable license to reproduce, publish and use such materials,
in whole or in part, and to authorize others to do so. The Engineer
shall include provisions appropriate to effectuate the purpose of this
condition in all subcontracts expected to produce copyrightable "Subject
Data".
B. All such "Subject Data" furnished by the Engineer pursuant to
this agreement are instruments of his services in respect of the project.
It is understood that they are not intended or represented to be suitable
for reuse on any other project. Any reuse by the Owner without specific
written verification or adaptation by the Engineer will be at the risk
of the Owner and without liability or legal exposure to Engineer. Any
such verification or adaptation will entitle the Engineer to further
compensation at rates to be agreed upon by the Owner and the Engineer.
SIGNATURES IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement the day and year first above written.
OWNER: ENGINEER-ARCHITECT:
The Sanitary District of Elgin Warren & an Praag Inc.
aures t� Van P aag, Pr- - •ent
ATTEST:
/ 1
By: i _ , A !',. me-.
Helen Kaye l�s, Secretary
(SEAL (SEAL)
-12-
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved
(See accompanying instructions before completing this form) OMB No. 153-R0144
PART I-GENERAL
h GRANTEE 2. GRANT NUMBER -
•
Sanitary District of Elgin
'3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4.DATE OF PROPOSAL
Warren & Van Praag, Inc. September 6, 1975
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include ZIP code) = 6. TYPE OF SERVICE TO BE FURNISHED
•
8303 West Higgins Road - Combined Sewer Overflow Study and
Chicago, Illinois 60631 • Update Including Metering and
. Sampling
PART I1-COST SUMMARY
ESTI- HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) MATED RATE COST TOTALS
HOURS
Principal 180 $ 21 . 15 5 3,807.00 P.;-7-:C:7-7- 7.7-7.--
Project Manager _ 1248 17.44 21 ,765. 12 .. .;-e-,�-:�-. : -
Pro'ect En• ineer 932 14.80 13,793.60 v-- __ -
Engineer 884 11 .37 10,051 .08
• Tech./Surve or 1108 10,36 11 478.88 � > -
=
Draftsmar 360 8.20 2,952.00
Secretarial 368 5.50 2,024.00 ;s 65,871 .68
ESTIMATED wc:, ��
B. INDIRECT COSTS(Specify indirect cost pools) RATE x BASE = COST _ • �
P C 0 H & Salary Fringe 1 .0375 $ 65,871 .68 x68,341 .87 K"
Corp. OH ,309 65,871 .68 20,354.35
INDIRECT COSTS TOTAL: ,r - '_„ is 88 696.22
9. OTHER DIR.EC T COSTS
a. TRAVEL ESTIMATED ` -% -V-'
I COST
(I) TRA`:SORTATION 11 , 0O Mi . 1$ 2,070.00 - _;�i
(2) PER DIEM 300 Lunches at $5.00 $ 1 ,500•00 -• ....--”,....--z...—
. -
TRAVEL SUBTOTAL: c = Y`.__:-�i. .z=+�S 3,570.00 <_ z -�Y
ESTIMATED -.`. _
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify eetegorles) QTY COST COSTF:4::.,=-:-:---;�,.":.,i°.' `<
Flowmeters 4/9Mo, s s24,740.00 - •'- )--
Samplers 7/9Mo. 15,062.00 ~ -_
i DO Monitors 3/9Mo. 5,251 .00 „•:-...-,..-:::::-.1:-
- • I -
'
Expendable Equip. - 2,000.00
EQUIPMENT SUBTOTAL: . _ - 47,053.00 [..-=-------------; -
C.SUBCONTRACTS ESTIMATED - "'`-;"'—”'-'-•
COST ? -
Lab Analyses 1000 Samples @ $40 Ea. 540,000.00 - `^ •• ^+ .-.
Printing 650.00 I =. __
Computer 20 Runs @ $500 Ea. 10,000,00 r7---!,--.---.---:------.----:- -
1 SUBCONTRACTS SUBTOTAL: I..- ..' . ...: .-. 5 50,650.00 1.-.77:.•-•.:---,--:1:-; --
d. OTHER (Specify celegorles)
Telephone $ ESTIMATED
COST
I
200.00 • ---=
�
7 OTHER SUBTOTAL: I P - # -, t —:T.-c.�- S 200.00
e.'OTHER DIRECT COSTS TOTAL: c_ '�- ; •
-- • 1_1",--:.:7:f.-77.-7.:17: 74.,_ S 101 ,473.00
110.TOTAL ESTIMATED COST --'S 256,040.90
111. PROs-IT fs 37,000.00
;t2. TOTAL PRICE 293,040.90
PA FormPAGE 1 OF S 5700-41 (2-76) -
r .
0.'73 No. c .-: ,.
•
PART 111 -PRICE SUMMARY
LCOMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PP.lOR QUOTES MARKET PROPOSED
!3` (Indicate baste for price co�erlson) PHICE15) PRICE
•
�+.:--.�•• ••:,
r` ~~L vs_-v �,.
• G 7.---71
i `may Zi"._
•
. t: _ . ���
PART IV-CFRTIFICAT)ON5 -
14. CONTRACTOR i •
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OP. LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
in YES Q NO(If"Yea"Sive name address and telephone n`.ber of reviet.ina otlice)
USEPA - Office of Audit
1 North Wacker Drive
•
Chicago, Illinois 60606
)CD-THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Title 41 Chapter 1 - Public Contracts - Property Management
Subpart 1-15.2 & 1-15.4 Federal Procurement Regulations
-
)4c-
- This proposal is submitted for use in connection with and in response to (I) Request by the
Sanitary District of Elgin " •
. 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.); August 31 , 1979 and that a financial management capability exists to fitly and accu-
rately account for the financial: transactions under this project. I further certify that I understand that the
subagreemenf price may be subject to downward renegotiation and/or recoupment where the above cost and
pricing data have been determined, as a result of audit, not to have been complete, current and" ccurate as
of the date above.
`-
(3) September 6, 1979 �,� ) ��
DATE OF EXECUTION - 51GNATURE OF PROPOSER/
Manager - Chicago Office
TITLE OF PROPOSER
14. GRANTEE REVIEWER -
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for snbagreement award. .
i t2//OA,
agete...")L
DATE OF EXECUTION 5IGNAT OF REVIEWER
lal,*1-1.-1 ...e..
TITLE OF REVIEWER
16_ EPA REVIEWER (If erpp(Ir.Sle)
OATF OF EAECUTIOrt SIGNATURE OE REvtEMErt
TITLE OE R E V I E E.
PAGE 2 OF 5