HomeMy WebLinkAbout6142RESOLUTION NO. 6142
A RESOLUTION APPROVING AN AGREEMENT AMENDMENT
BETWEEN THE CITY OF PUEBLO AND HARRIS &
ASSOCIATES, RELATING TO CONSTRUCTION
MANAGEMENT SERVICES FOR THE PUEBLO WASTEWATER
TREATMENT PLANT, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
A certain Agreement Amendment to perform construction
management services for the City of Pueblo for Pueblo Wastewater
Treatment Plant, the original of which is on file in the office of
the City Clerk and made a part hereof by reference, after having
been approved as to form by the City Attorney, by and between the
City of Pueblo, a Municipal Corporation, and Harris & Associates, a
California Corporation, be and the same is hereby approved. The
awarding of the contract for the project set forth herein shall be
subject to the approval of the Colorado Department of Health, Water
Quality Control Division.
SECTION 2.
The President of the City Council, is hereby authorized to
execute said Agreement Amendment on behalf of the City of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the Seal of
the City thereto and attest the same.
Introduced January 25 f 1988
By SAMUEL CORSENTINO
ounc, man
APPROVED:
_ ,
res, nt of e City Council
ATTEST:
zi
y Cl er
6/23/87
AMENDMENT NO. 1
TO
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE CONSTRUCTION OF
WASTEWATER TREATMENT FACILITIES
THIS AMENDMEN�T made and entered into this � day of
:1aNa "vg y , Wig, by and between the CITY OF PUEBLO,
COLORADO, hereinafter referred to as "CITY" and HARRIS &
ASSOCIATES, Inc., Consulting Engineers, a California
corporation, hereinafter referred to as "HARRIS"
W I T N E S S E T H:
WHEREAS, CITY and HARRIS enter
November 2, 1984 whereby HARRIS is
management services in relation to
Treatment Facilities to insure
constructed in full compliance with
and specifications; and
.ed into an Agreement dated
to undertake construction
construction of Wastewater
that all facilities are
final construction drawings
WHEREAS, the Environmental Protection Agency has condit-
ioned their grant offers with the stipulation that all grant -
funded facilities be managed by competent personnel familiar
with wastewater facilities construction; and
WHEREAS, CITY and HARRIS desire to enter into an agreement
whereby the foregoing may be accomplished.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter set forth, the parties hereto agree
as follows:
HARRIS agrees to perform all of the work hereinafter
specified in this agreement, subject to and in accordance with
all of the terms and conditions hereinafter set forth, said
work being more particularly described as follows:
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ARTICLE 1
THE CONSTRUCTION TEAM
HARRIS, as Construction Manager, accepts the relationships
of trust and confidence established between it and the CITY by
this agreement. It covenants with the CITY to furnish its best
skill and judgment in furthering the interests of the CITY. It
agrees to furnish efficient project administration and to use
its best effort to coordinate all activities so that the
project will be completed in the best and soundest way and in
the most expeditious and economical manner consistent with the
interest of the CITY. HARRIS recognizes that the CITY intends
to employ the Designer, Sellards & Grigg, Inc. (S &G), to
perform certain services during construction, and will
coordinate such services with project activities.
ARTICLE 2
CONSTRUCTION NANAGER'S SERVICES
HARRIS will perform the following services, all of which
shall be performed in accordance with applicable EPA
requirements. Services will be performed on two grant projects,
being Grant C -08- 0343 -42 known as Schedule "D" and Grant C -08-
0343-43 known as Schedule "C ".
2.1 Design Development
2.1.1 Coordination and review with Colorado Department of
Health in conjunction with S &G.
2.1.2 Review of plans and specifications for ease of
bidding and effect on bidding costs, and
constructability.
2.1.3 Review of contract documents to ensure compatibility
with logical, legal and contractual responsibilities
of the Owner, the Engineer and the Engineer's
Inspectors, Contractors and the Construction Manager.
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2.1.4 Develop construction phasing strategy(ies).
2.1.5 Provide preliminary project budgeting and cash flow
scheduling.
2.1.6 Develop equipment delivery strategy(ies).
2.2 Contract Procurement
2.2.1 Develop competitive bidding interest in construction
contract.
2.2.2 Coordination and conduct of prebid conferences.
2.2.3 Coordination of bidding.
2.2.4 Bid review and recommendations for award of
contracts.
2.2.5 Coordination and conduct of preaward conference(s).
2.3 Construction Activities
2.3.1 Coordination and conduct of preconstruction
meeting(s).
2.3.2 Review, refinement and periodic updating of
construction schedules (typically monthly).
2.3.3 Reporting of and recommendations concerning any con-
struction delays.
2.3.4 Coordination and conduct of construction progress
meetings and reporting.
2.3.5 Coordinate and direct construction activities between
A /E, contractor, equipment suppliers, plant
operations and Owner.
2.3.6 Coordination of inspection activities with
construction.
2.3.7 Review inadequate construction work, make recommenda-
tions thereon and coordinate work to be redone.
2.3.8 Change Orders -- Establish and implement system for
preparation, recommendation, processing, negotiation
and submission of all contract change orders.
(Design Engineer shall design any change in design
concept.)
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2.3.9 Shop Drawing Processing -- Coordinate, establish and
implement system of shop drawing processing. (Design
Engineer will be responsible for review of all shop
drawings and submittals.)
2.3.10 Clarifications -- Establish and implement system for
processing of all contract clarifications. (Design
Engineer shall review and respond to clarification
requests.)
2.3.11 Progress Payments -- Establish and implement system for
preparation and processing of Contractor's monthly
progress payment requests.
2.3.12 Prepare Request for Reimbursement forms from EPA.
2.3.13 Cash Flow -- Prepare and update monthly project cash
flow projections.
2.3.14 Field Testing -- Schedule and review all field and
laboratory testing of materials utilized within the
project.
2.3.15 Payrolls -- Monitor all certified payrolls and Equal
Employment Opportunity requirements.
2.3.16 Prepare and submit written monthly progress reports
to include: progress summary, financial analysis and
update, scheduling difficulties and changes,
including a verbal presentation to the Supervisory
Committee.
2.3.17 Prepare and submit minutes on all meetings pertaining
to the contract.
2.3.18 As- Builts -- Review as -built markups prepared by Design
Engineer for complete project.
2.3.19 Management Procedures -- Utilize the systems and forms
as presented in the proposal and appendix to monitor
the Contractor's activities and progress.
2.3.20 Documentation -- Maintain complete project file system,
including progress photographs, video films and
aerial photographs as needed to provide record of
construction progress, as presented in the HARRIS
proposal for Step 3 Construction Management Services
and its appendix.
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2.4 Coordination of Final Acceptance and Startu
The Construction Manager will be intimately involved
in final approval of all construction and in startup
activities, including the following specific tasks:
2.4.1 Coordination, review and approval of partial
acceptance for work completed and turned over to
Owner prior to project completion.
2.4.2 Coordination and development of final punch list
items.
2.4.3 Coordination of construction approval and final
payment.
2.4.4 Coordination of startup activities with Owner,
equipment suppliers and A /E.
2.4.5 Scheduling of startup and startup services.
2.4.6 Assistance to the Owner in processing warranty
claims.
2.5 Final Report
HARRIS will prepare a final report upon project
completion which will include the following:
2.5.1 Financial summary of the construction contracts,
change orders, engineering services, Construction
Management services and direct purchase items.
2.5.2 Summary of project change orders.
2.5.3 Construction summary and schedule review.
2.5.4 Startup summary.
2.5.5 Summary of final acceptance.
2.5.6 Review and report on the general contractor,
subcontractors and major equipment suppliers.
2.6 Facilities:
HARRIS will furnish office facilities and equipment to
accomplish the management of the wastewater treatment
facilities construction. HARRIS will furnish adequate
office space to be utilized by Sellards & Grigg's
site staff and the CITY.
ME
ARTICLE 3
CITY'S RIGHTS AND RESPONSIBILITIES
3.1 The CITY shall provide full information regarding its
requirements for the project.
3.2 The CITY shall designate a representative who shall be
fully acquainted with the project and have authority
to approve project construction budgets, changes in
the project, render decisions promptly and furnish
information expeditiously.
3.3 The CITY shall secure and pay for wastewater facility
site approval, zoning approval and all necessary
easements, required for the construction, use or
occupancy of permanent structures or for permanent
changes in existing facilities.
3.4 The CITY shall furnish such legal services as may be
necessary for providing the items set forth in
Paragraph 3.3 and auditing services as required.
3.5 The CITY shall review and approve or disapprove all
personnel assigned to this project by HARRIS. No
change in construction management personnel will be
performed by HARRIS without the written consent of the
CITY.
3.6 The CITY may place its employees on the construction
site to observe the installation of equipment.
HARRIS will cooperate with the CITY and provide access
to the site and all records.
3.7 The CITY intends to employ the Designer, Sellards &
Grigg, Inc. to provide certain services. These
services include:
3.7.1 Assist CITY in technical analysis and make recommenda-
tions on technical aspect of award.
3.7.2 Provide office backup for interpretation of Plans and
Specifications.
3.7.3 Review submittals and shop drawings for compliance
with the project Plans and Specifications and submit
reviewed material to the Construction Manager for
final action.
3.7.4 Review change order requests and submit reviewed
requests to the Construction Manager for appropriate
action.
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3.7.5 Review construction for compliance with permits,
including NPDES.
3.7.6 Provide all detailed field construction inspection.
3.7.7 Provide all detailed specialized inspections.
3.7.8 Provide the Operations Manual incorporating data on
the facilities as constructed.
3.7.9 Train CITY personnel assigned to the operation of the
facilities.
3.7.10 Provide startup assistance to CITY's operating staff.
3.7.11 Provide all required field surveying.
ARTICLE 4
FEES AND PAYMENT
4.1 As consideration for providing the services required
in this amendment, the CITY shall pay to HARRIS a fee
computed on a cost reimbursement basis. This cost
reimbursement contract must clearly establish a cost
ceiling which HARRIS may not exceed without formally
amending the contract and a fixed dollar profit which
may not be increased except in case of a contract
amendment which increases the scope of the work. As
consideration for providing engineering services as
described in this agreement, the CITY shall pay to
HARRIS the amount of HARRIS' direct labor costs
expended for this work as defined in paragraph 4.6 of
this agreement, plus a percentage of direct labor
costs for general overhead, plus limited direct
costs, plus a fixed dollar fee. It is the under-
standing of the undersigned that the 1.57 overhead
rate set forth in Attachment A is provisional only
and that the actual overhead rate(s) encountered by
HARRIS as determined by an EPA audit during the
period(s) of work will be used to determine final
billing.
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4.2 It is agreed that the cost ceilings for this
agreement are: Grant No. C -08- 0343 -42 = $1,026,628
Grant No. C -08- 0343 -43 = $ 202,961
TOTAL OF = $1,229,589
The fixed fee amount to compensate HARRIS for
contingencies, interest on invested capital,
readiness to serve and profit, shall be:
Grant No. C -08- 0343 -42 = $ 146,600
Grant No. C -08- 0343 -43 = $ 28,400
TOTAL OF = $ 175,000
This sum shall not be increased except in the case of
a written amendment which increases the scope of
work. If at any time HARRIS has reason to believe
that the costs expected to be incurred in the
performance of this con -tract in the next succeeding
sixty (60) days, when added to all costs previously
incurred, will exceed fifty percent (50 %) and again
at seventy -five percent (75 %) of the total amount
then allotted to the contract, HARRIS shall notify the
CITY in writing to that effect.
4.3 The actual costs paid to HARRIS under this agreement
shall not exceed the cost estimates contained in EPA
Forms 5700 -41 attached hereto and incorporated herein
by reference unless this agreement is amended by
written agreement of the parties. HARRIS certifies
that the cost ceilings and fixed dollar profits noted
above have been summarized on EPA Forms 5700 -41 and
that these costs reflect complete, current and
accurate cost and pricing data applicable to date of
this agreement. HARRIS' general overhead costs are
defined as those general and administrative costs,
inclusive of labor overheads, that were actually
incurred by HARRIS.
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4.4 For work performed under, this agreement, the CITY
shall pay HARRIS on a monthly basis the actual costs
incurred during the month plus a percentage of the
fixed fee based on the per cent of the work completed
by HARRIS to date of billing.
4.5 Progress payments will be made monthly by the CITY
within thirty (30) days from receipt of itemized
invoice from HARRIS. Invoice will contain itemized
listing of personnel, hours worked, direct labor
cost, overhead expenses, direct costs and a
percentage of the fixed fee. Progress payments shall
be for the invoiced amount, with no retention.
4.6 HARRIS provides the following listing of personnel and
direct hourly cost for each person and /or
classification. The hourly rates listed are the
maximum rates to be charged to the CITY during Fiscal
Year 85/86 ending September 30, 1986. Actual labor
rates may be lower for new employees hired into the
classifications listed.
James L. Parmley
Project Manager $ 32.71
Larry G. Timmer
Construction Manager $ 26.66
Field Office Engineer $ 20.19
Secretary
$ 9.00
ARTICLE 5
ASSUMPTIONS
5.1 Grant C -08- 0343 -42 (Schedule "D ")
A. The length of services is based on a thirty -
three (33) month construction period with one
(1) month of project mobilization and two (2)
months of project closeout.
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B. It is understood that the level of staffing may
change, either increase or decrease due to
changes in the contract strategies, the nature
of the contractor(s), the contractors approach
to the project, and funding limitations. After
mutual understanding of the requirement for
change between the CITY and HARRIS, the CITY may
request additional staff, services or duration
of performance from HARRIS.
C. If, due to substantial deviation from the
assumptions listed above, the magnitude of the
work increases, HARRIS shall give notice of such
fact to the CITY and HARRIS and the CITY shall
negotiate an amendment to the contract based
upon the cost principles embodied in this agree-
ment.
5.2 Grant C -08- 0343 -43 (Schedule "C ")
A. The length of services is based on a twelve (12)
month construction period with one (1) month of
project mobilization and two (2) months of
project closeout.
B. It is understood that the level of staffing may
change, either increase or decrease due to
changes in the contract strategies, the nature
of the contractor(s), the contractors approach
to the project, and funding limitations. After
mutual understanding of the requirement for
change between the CITY and HARRIS, the CITY may
request additional staff, services or duration
of performance from HARRIS.
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C. If, due to substantial deviation from the
assumptions listed above, the magnitude of the
work increases, HARRIS shall give notice of such
fact to the CITY and HARRIS and the CITY shall
negotiate an amendment to the contract based
upon the cost principles embodied in this agree-
ment.
ARTICLE 6
SCHEDULE
6.1 The parties hereto agree that the completion of the
tasks required by this agreement will be completed
within thirty -six (36) months of contract execution.
6.2 Time is of the essence in this agreement.
ARTICLE 7
ASSIGNMENT OF CONTRACT
7.1 HARRIS shall not assign this contract or any portion
of the work without prior written consent of the
CITY. The CITY may grant or withhold such consent at
its sole discretion.
7.2 This agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
ARTICLE 8
INDEMNITY
HARRIS hereby agrees to indemnify and hold CITY
harmless of and from any claim, demand or loss incurred or
sustained by CITY as a direct result of any material breach of
this agreement by HARRIS.
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ARTICLE 9
INSURANCE
HARRIS agrees to furnish the CITY certificates of
insurance as carried indicating the limits of coverage on
errors and omissions. HARRIS shall provide written ten (10) day
notice of cancellation and /or change of policy.
ARTICLE 10
SPECIAL CLAUSES
10.1 Supersession
The recipient and the Contractor agree that this and
other appropriate clauses in 40 CPR 33.1030 apply to
that work eligible for EPA assistance to be performed
under this subagreement and that these clauses
supersede any conflicting provisions of this
subagreement.
10.2 Privity Of Subagreement
This subagreement is expected to be funded in part
with funds from the U.S. Environmental Protection
Agency. Neither the United States nor any of its
departments, agencies or employees is, or will be, a
party to this subagreement or any lower tier
subagreement. This subagreement is subject to
regulations contained in 40 CPR, Part 33 in effect on
the date of the assistance award for this project.
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10.3 Changes
10.3.1 The recipient may at any time, by written order, make
changes within the general scope of this subagreement
in the services or work to be performed. If such
changes cause an increase or decrease in the
Contractor's cost or time required to perform any
services under this subagreement, whether or not
changed by any order, the recipient shall make an
equitable adjustment and modify this subagreement in
writing. The Contractor must assert any claim for
adjustment under this clause in writing within thirty
(30) days from the date it receives the recipient's
notification of change, unless the recipient grants
additional time before the date of final payment.
10.3.2 No services for which the Contractor will charge an
additional compensation shall be furnished without
the written authorization of the recipient.
10.4 Termination
10.4.1 This subagreement 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 subagreement through no fault
of the terminating party, provided that no
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 consultation with the terminating
party prior to termination.
10.4.2 This subagreement may be terminated in whole or in
part in writing by the recipient for its convenience,
provided that the Contractor 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 consultation with the terminating
party prior to termination.
10.4.3 If termination for default is effected by the
recipient, an equitable adjustment in the price
provided for in this subagreement 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 Contractor at the time of
termination may be adjusted to cover any additional
costs to the recipient because of the Contractor's
default. If termination for default is effected by
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the Contractor, or if termination for convenience is
effected by the recipient, 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
Contractor for services rendered and expenses
incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by
the Contractor relating to commitments which had
become firm prior to the termination.
10.4.4 Upon receipt of a termination action under paragraphs
10.4.1 or 10.4.2 above, the Contractor shall (1)
promptly discontinue all affected work (unless the
notice directs otherwise), and (2) deliver or
otherwise make available to the recipient all data,
drawings, specifications, reports, estimates,
summaries and such other information and materials as
may have been accumulated by the Contractor in
performing this subagreement, whether completed or in
process.
10.4.5 Upon termination under paragraphs 10.4.1 or 10.4.2
above, the recipient may take over the work and may
award another party a subagreement to complete the
work under this subagreement.
10.4.6 If, after termination for failure of the Contractor
to fulfill contractual obligations, it is determined
that the Contractor had not failed to fulfill
contractual obligations, the termination shall be
deemed to have been for the convenience of the
recipient. In such event, adjustment of the
subagreement price shall be made as provided in
paragraph 10.4.3 of this clause.
10.5
question between the
arising out of, or rel
the breach of it will
the parties mutually
competent jurisdiction
recipient is located.
Remedies
Unless otherwise provided in this subagreement, all
claims, counter - claims, disputes and other matters in
recipient and the Contractor
ating to, this subagreement or
be decided by arbitration if
agree, or in a court of
within the State in which the
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10.6 Price Reduction For De fective Cost Or Pricinq Data:
10.6.1 The Contractor and subcontractor, where appropriate,
assure that the cost and pricing data submitted for
evaluation with respect to negotiation of prices for
negotiated subagreements, lower tier subagreements
and change orders is based on current, accurate and
complete data supported by their books and records.
If the recipient or EPA determines that any price
(including profit) negotiated in connection with this
subagreement, lower tier subagreement or amendment
thereunder was increased by any significant sums
because the data provided was incomplete, inaccurate
or not current at the time of submission, then such
price or cost or profit shall be reduced accordingly
and the recipient shall modify the subagreement in
writing to reflect such action.
10.6.2 Failure to agree on a reduction shall be subject to
the Remedies clause of this subagreement.
10.7 Audit; Access To Records
10.7.1 The Contractor shall maintain books, records,
documents and other evidence directly pertinent to
performance on EPA funded work under this
subagreement in accordance with generally accepted
accounting principles and practices consistently
applied, and 40 CFR Part 30 in effect on the date of
execution of this subagreement. The Contractor shall
also maintain the financial informa tion and data
used in the preparation or support of the cost
submission required under 40 CFR 33.290 for any
negotiated subagreement or change order and a copy of
the cost summary submitted to the recipient. The
United States Environmental Protection Agency, the
Comptroller General of the United States, the United
States Department of Labor, the recipient and (the
State) or any of their authorized representatives
shall have access to all such books, records,
documents and other evidence for the purpose of
inspection, audit and copying during normal business
hours. The Contractor will provide proper facilities
for such access and inspection.
10.7.2 If this is a formally advertised, competitively
awarded, fixed price subagreement, the Contractor
agrees to make paragraphs 10.7.1 through 10.7.7 of
this clause applicable to all negotiated change
orders and subagreement amendments affecting the
subagreement price. In the case of all other types
of prime subagreements, the Contractor agrees to make
paragraphs 10.7.1 through 10.7.7 applicable to all
-is-
subagreements he awards in excess of $10,000, at any
tier, and to make paragraphs 10.7.1 through 10.7.7 of
this clause applicable to all change orders directly
related to project performance.
10.7.3 Audits conducted under this provision shall be in
accordance with generally accepted auditing standards
and with established procedures and guidelines of the
reviewing or audit agency(ies).
10.7.4 The Contractor agrees to disclose all information and
reports resulting from access to records under
paragraphs 10.7.1 and 10.7.2 of this clause to any of
the agencies referred to in paragraph 10.7.1.
10.7.5 Records under paragraphs 10.7.1 and 10.7.2 above
shall be maintained by the Contractor during
performance on EPA assisted work under this
subagreement and for the time periods specified in 40
CFR Part 30. In addition, those records which relate
to any controversy arising under an EPA assistance
agreement, litigation, the settlement of claims
arising out of such performance or to costs or items
to which an audit exception has been taken shall be
maintained by the Contractor for the time periods
specified in 40 CFR Part 30.
10.7.6 Access to records is not limited to the required
retention periods. The authorized representatives
designated in paragraph 10.7.1 of this clause shall
have access to records at any reasonable time for as
long as the records are maintained.
10.7.7 This right of access clause applies to financial
records pertaining to all subagreements (except
formally advertised, competitively awarded, fixed
price subagreements) and all subagreement change
orders regardless of the type of subagreement, and
all subagreement amendments regardless of the type of
subagreement. In addition, this right of access
applies to all records pertaining to all sub -
agreements, subagreement change orders and subagree-
ment amendments:
1. To the extent the records pertain directly to
subagreement performance;
2. If there is any indication that fraud, gross
abuse or corrupt practices may be involved; or
3. If the subagreement is terminated for default or
for convenience.
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10.8 Covenant Against Contingent Fees
The Contractor assures that no person or selling
agency has been employed or retained to solicit or
secure this subagreement upon an agreement or
understanding for a commission, percentage, brokerage
or contingent fee excepting bona fide employees or
bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of
securing business. For breach or violation of this
assurance, the recipient shall have the right to
annul this agreement without liability or, at its
discretion, to deduct from the contract price or con-
sideration, or otherwise recover the full amount of
such commission, percentage, brokerage or contingent
fee.
10.9 Gratuities:
10.9.1 If the recipient finds after a notice and hearing
that the Contractor or any of the Contractor's agents
or representatives offered or gave gratuities (in the
form of entertainment, gifts or otherwise) to any
official, employee or agent of the recipient, the
State or EPA in an attempt to secure a subagreement
or favorable treatment in awarding, amending or
making any determinations related to the performance
of this subagreement, the recipient may, by written
notice to the Contractor, terminate this
subagreement. The recipient may also pursue other
rights and remedies that the law or this subagreement
provides. However, the existence of the facts on
which the recipient bases such findings shall be in
issue and may be reviewed in proceedings under the
Remedies clause of this subagreement.
10.9.2 In the event this subagreement is terminated as
provided in paragraph 10.9.1, the recipient may
pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the
subagremeent by the Contractor, and as a penalty, in
addition to any other damages to which it may be
entitled by law, be entitled to exemplary damages in
an amount (as determined by the recipient) which
shall be not less than three nor more than ten times
the costs the Contractor incurs in providing any such
gratuities to any such officer or employee.
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10.10 Bespon sibility Of The Contractor:
10.10.1 The Contractor is responsible for the professional
quality, technical accuracy, timely completion and
coordination of all design, drawings, specifications,
reports and other services furnished by the
Contractor under this subagreement. If the
subagreement involves environmental measurements or
data generation, the Contractor shall comply with EPA
quality assurance requirements in 40 CFR 30.503. The
Contractor shall, without additional compensation,
correct or revise any errors, omissions or other
deficiencies in his designs, drawings,
specifications, reports and other services.
10.10.2 The Contractor shall perform the professional
services necessary to accomplish the work specified
in this subagreement in accordance with this
subagreement and applicable EPA requirements in
effect on the date of execution of the assistance
agreement for this project.
10.10.3 The Owner's or EPA's approval of drawings, designs,
specifications, reports and incidental work or
materials furnished hereunder shall not in any way
relieve the Contractor of responsibility for the
technical adequacy of his work. Neither the Owner's
nor EPA's review, approval, acceptance or payment for
any of the services shall be construed as a waiver of
any rights under this agreement or of any cause for
action arising out of the performance of this
subagreement.
10.10.4 The Contractor shall be, and shall remain, liable in
accordance with applicable law for all damages to the
Owner or EPA caused by the Contractor's negligent
performance of any of the services furnished under
this subagreement, except for errors, omissions or
other deficiencies to the extent attributable to the
Owner, Owner - furnished data or any third party. The
Contractor shall not be responsible for any time
delays in the project caused by circumstances beyond
the Contractor's control.
10.10.5 The Contractor's obligations under this clause are in
addition to the Contractor's other express or implied
assurances under this subagreement or State law and
in no way diminish any other rights that the Owner
may have against the Contractor for faulty materials,
equipment or work.
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10.11 Final Payment
Upon satisfactory completion of the work performed
under this subagreement, as a condition before final
payment under this subagreement or as a termination
settlement under this subagreement, the Contractor
shall execute and deliver to the Owner a release of
all claims against the Owner arising under, or by
virtue of, this subagreement, except claims which are
specifically exempted by the Contractor to be set
forth therein. Unless otherwise provided in this
subagreement, by State law or otherwise expressly
agreed to by the parties to this subagreement, final
payment under this subagreement or settlement upon
termination of this subagreement shall not constitute
a waiver of the Owner's claims against the Contractor
or his sureties under this subagreement or applicable
performance and payment bonds.
ARTICLE 11
TERMINATION
Either party may terminate this agreement through the
procedures described in CFR 40, Part 33.
IN WITNESS WHEREOF, the CITY has caused this agreement
to be executed by the of the City of
Pueblo, duly authorized to act; and HARRIS has caused this
agreement to be executed, all as of the day and year first -
above written.
-19-
CITY OF PUEBLO, COLORADO
ATTEST:
By:
APPROVED:
By:
Assista t City Attorney
HARRIS & ASSOCIATES, INC.
Consulting Engineers
A California Corporation
James L. Parmley
Vice - President
-20-
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Form Approved
(See accompanvrng instructions before corr.oleting Phis form)
0318 No. 133 - R01�
I
PART I- GENERAL
2. GRANT NUMBER
+. GRANTEE
City of Pueblo
C -08- 0343 -42
1. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. OATE OF PROPOSAL
Harris & Associates
5. AOORESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP cods)
e. TYPE OF SERVICE TO BE FURNISMEO
1300 South Queens
Construction Management
Pueblo, CO 81001
Schedule "D"
PART [I-COST SUMMARY
ESTI.
MHOURS ATED
HOURLY
ESTIMATED
TOTALS
7. DIRECT LABOR (Specify labor careaorias)
RATE
COST
Project Manager
600
5 34.07
5 20 442
±v `
t
Construction Manager_
4187
27.93
116 943
Office Engineer
8487
20.87
177 124
Clerical
4230
9.00
38,070
DIRECT LABOR TOTAL: k
S 352,579
ESTIMATED
S. tNO1RECT COSTS (Specify rndfree: cast pao/a)
RATE
s BASE =
COST
I
Overhead on Direct Labor, Office Overhead
1_,575
352,579
5
Equipment, Automobil Insuran
General and Administrative Costs
f
INDIRECT COSTS TOTAL:
S 553 549
9. OTHER DIREC COSTS
ESTIMATED
a. TRAVEL
COST
(1) T A TION
-
TRAVEL SUBTOTAL:
S
b. EQUIPMENT, MATERIALS, SUPP:IES (SPacify categories) i QTY
COST
ESTIMATED
COST
s '
Y
Y
Office Tra
S
5 33 500
EQUIPMENT SUBTOTAL: j'
33,500
ESTIMATED
c.SUSCONTR ACT S
COST
_ —
Materials T estin
s OOO
87
SUBCONTRACTSSUBTOTAL.
S 87,000
ESTIMATED
d. OTHER (Specify carogorias)
COST
S
OTHER SUBTOTAL:
S
e. OTHER DIRECT COSTS TOTAL:
$ 120 500
S 1,026 628
10. TOTAL ESTIMATED COST
II. PROFIT
146,600
1,173,228
+Z. TOTAL PRICE
PAGE I OF 5
E PA Form 5700 -a1 (2 -76)
Form Approved
O%IR No. 158 -RO1 +4
PART III -PRICE SUMMARY
13 COMPETITOR'S CATALOG LISTINGS. IN -HOUSE ESTIMATES. PRIOR QUOTES
(lndtcete bests for price comparison)
MARKET
PRICEIS.
PPOPOSED
PRICE
I s
PART IV- CERTIFICATIONS
` IS.CONTRACTOR Harris & Associates
14e. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
AC.'.OUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
YES Q NO (71 "Yes" give name address and telephone ntmlber al reviewing ollice)
State Controllers Office
Ms. Rosemary Marion
Division of Audits
1227 "0" Street, Sacramento, CA 95814
14b THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14c.
This proposal is submitted for use in connection with and in response to (1) Construction
Management . 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 cf
(?) October 1, 1985 and that a financial management capability exists to fully and accu-
rately 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, current and accurate as
of the date above.
(3)
DATE OF EXECUTION SIGNATURE OF PROPOSER
Vice — President
TITLE OF PROPCSEP
IS. GRANTEE REVIEWER
I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear
acceptable for sllbagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (11 applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
r^uC [ v► 7
E P ♦ Form 5700.41 (2 -761
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
(See accompanying instructions before corrpleting Phis form)
1
Form .-Approved
0118 :Yo. 1J3-R014-1
PART 1- GENERAL
1. GRANTEE
City of Pueblo I
2. GRANT NUMBER
C -08- 0343 -43
7. NAME OF CONTRACTOR OR SUBCONTRACTOR 1 4.
Harris & Associates
DATE OF PROPOSAL
October 1, 1985
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
1300 South Queens,
Pueblo, CO 81001
5. TYPE OF SERVICE TO BE FuRwSo -EO
Construction Management
Schedule "C"
PART 11 -COST SUMMARY
7. DIRECT LABOR (Specify tabor categoriee) I
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Pro'ect Manager
166
S 34.07
S 5
F `
Construction Manager (
948
27.93
26.478
_
Office Engineer
1687
20.87
35,208
Clerical
860
9.00
7,740
DIRECT LABOR TOTAL:
S 75,082
S, INDIRECT COSTS (Specify indirect cost poora)
RATE
: BASE =
I ESTIMATED
COST
Overhead on Direct Labor Office Over- !
head, Equipment, Au tomobiles Insurance
1_575
75,082 Ts
General and Administrative Costs I
INDIRECT COSTS TOTAL:
S 117,879
9. OTHER DIRECT COSTS
.
_
_
a. TRAVEL
ESTIMATED
I COST
(L) TRANSPORTATION
(?) PER 01 E`A
IS
TRAVEL SUBTOTAL:
b. EQUIPMENT, MATERIALS. SUPPLIES (Specif)e categories) i QTY
COST
` 5
I ESTIMATED
COST
j
S
S
EQUIPMENT SUBTOTAL: j
C. SUBCONTRACTS
ESTIMATED
COST
Materials Testing
S 10,000
SUBCONTRACTSSUSTOTAL:
S 10,000
d. OTHER (Specify categories)
ESTIMATED
COST
S
OTHER SUBTOTAL:
S
e. OTHER DIRECT COSTS TOTAL:
S 1O OOO
10. TOTAL ESTIMATED COST
S 202,961
11, PROFIT
28,400
12. TOTAL PRICE
231,361
EPA Form 5700 -41 (2 -76)
Form Approved
0%IR No. 1 S6 -ROI4s
PART III -PRICE SUMMARY
COMPETITOR'S CATALOG LISTINGS, IN -HOUSE ESTIMATES, PRIOR QUOTES
13. (Indicate basis tar price comparison)
MARKET
PRICEISi
PPOPOSED
PRICE
i
PART IV - CERTIFICATIONS
14. CONTRACTOR Harris & Associates
140- HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
Y Es 0 NO (II "Yes" give name address and te lephone nlanber of reviewing office)
State Controllers Office
Ms. Rosemary Marion
Division of Audits
1227 "0" Street, Sacramento, CA 95814
14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
41 CFR 1 -15.4
14c.
This proposal is submitted for use in connection with and in response to (1) Construction
Management 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) October 1, 1985 and that a financial management capability exists to fully and accu-
rately 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, current and accurate as
of the date above.
l
( Cl -
31 --� �--- °
DATE OF EXECUTION SIGNATURE Of PROPOSER
Vice — President
TITLE OF PROPOSER
1S. GRANTEE REVIEWER
I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear
acceptable for sllbagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (I1 applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
PAGE 2 OF S
EPA Form 5700.41 (2.761