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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: -1- 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. -2- 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.) -3- 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. -4- 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. -6- 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. -7- 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. -8- 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. -9- 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. -10- 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. -11- 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. -12- 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 -13- 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 -14- 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. -16- 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. -17- 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. -18- 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