HomeMy WebLinkAbout80-012
( "
-,
~
STATE OF MINNESOTA
COUNTY OF RAMSEY
'.
CITY OF ARDEN HILLS
'.
RESOLUTION No. .f(J-/of.,
RESOLUTION AUTHORIZING CITY'S PARTICIPATION
IN METROPOLITAN WASTE CONTROL COMMISSION
INFILTRATION/INFLOW ANALYSIS PROGRAM
WHEREAS, the City Council of the City of Arden Hills
has been advised by the Metropolitan Waste Control Commission of
the availability of federal and state grant funds for an
infiltration/inflow analysis of the City's sanitary sewer facili-
ties, and
WHEREAS, based on the infonmation received from the
Metropolitan Waste Control Commission, the City Council deems it
advisable for the City of Arden Hills to participate in the
Metropolitan Waste Control Commission's Infiltration/Inflow
Analysis Program,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Arden Hills that the City of Arden Hills
participate in the Metropolitan Waste Control commission's
Infiltration/Inflow Analysis Program and agree to contribute up
to a maximum of ten percent (10%) of the aggregate cost of the
Program as it relates to the City.
BE IT FURTHER RESOLVED, that the City of Arden Hills
enter into an agreement with the Metropolitan Waste Control
Commission identical in its terms and conditions to the Agreement
attached hereto and made a part hereof as Exhibit "A" and that
the Mayor and Clerk-Administrator execute such Agreement on
behalf of the City.
BE IT FURTHER RESOLVED, that the Clerk-Administrator of
the City of Arden Hills forward a certified copy of this Resolu-
tion and a signed original and copies of the Agreement to the
Metropolitan Waste Control Commission.
J.
BE IT FURTHER RESOLVED, that pursuant to Section 2.04
of the Agreement between the City and the Metropolitan Waste
Control Commission the City select the engineering firm of Short-
Elliott-Hendrickson, Inc. as its consultant to assist it in con-
ducting the Infiltration/Inflow Analysis Program pursuant to the
terms and conditions of an agreement between the City and such .
engineering firm which shall be identical in its terms and condi-
tions to the one attached hereto and made a part hereof as
Exhibit "B".
BE IT FURTHER RESOLVED, that the Mayor and Clerk-
Administrator of the City execute the Agreement attached hereto
as Exhibit "B" and that the Clerk-Administrator forward a certi-
fied copy of this Resolution as well as copies of the executed
Agreement to Short-Elliott-Hendrickson, Inc. as well as to the
Metropolitan Waste Control Commission.
.
.
.
\.
.
Passed by the Arden Hills City Council this /M day
of April, 1980.
Attest:
ra~~~
Charlotte McNiesh,
Clerk-Administrator
- 2 -
,
..
,
.. ... ~ n .... . "'... ... . ., f, .""-' oJ ..... \J V n I t\ l,I... \.I V . I r, .&. oJ .J .a. v n
350 Metro~uare Building, Saint Paul, Mirn~sota 55101
\, 222-8423 < '
..
..
.
AGREEMENT .BETWEEN
THE METROPOLITAN WASTE CONTROL CO~~ISSION
AND
CONTRACT NO. 130
THIS AGREEf.1ENT, made and entered into by.and between the City of ~ ~
, a municpal corporation of the State of Minnesota (hereinafter' .
referred to as the "City"), and the Metropolitan ~Iaste Control Cormnission, a
metropolitan Cormnission established pursuant to Laws of 1975, Chapter 13
(hereinafter referred to as the "Commission"); .
~IITNESSETH THAT, in the joint and mutual exercise of their powers and in
consideration of the mUtual eovenants herein contained, the parties hereto
recite and'agree as follows:
SECTION 1 - RECITALS
.
1.01. The City owns and operates a sanitary sewer system located inside its
boundaries,'comprising various lateral,.sub-trunk and trunk sewers; pumping
stations, and other equipment and appurtenances.
1.02. The Cormnission owns and operates a sanitary sewer system located inside
and outside the City, comprising interceptor sewers, pumping stations,. treatment
works, and other equipment and appurtenances. .
1.03. Sanitary wastewater and some infiltrationllnflow (III) is received by
.the City sewer system and is discharged into the Cormnission's sewer system
and treatment works. Various Commission facilities are proposed to'be upgraded
andlor expanded with federal and state grant assistance.
1.04. Section 35.927 of the U.S. Environmental Protection Agency (U.S. EPA)
Rules and Regulations requires that all applicants for grant assistance for
treatment works projects must demonstrate to the satisfaction of the Regional
Administrator that each sewer system discharging into said treatment works is
not or will not be subject to excessive III. The determination whether or '
not excessive III exists will "generally be accomplished through'a sewer system
evaluation consisting of: 1) certification by the State Agency, as 'appropriate:
and, when necessary, 2) an III analysis: and, if appropriate, 3) a sewer system
evaluation followed by rehabilitation of the sewer system to eliminate III
defined in the sewer system evaluation.
1.05. The Commission has completed an Infiltration/lnfJow Assessment to
identify collection systems subject to potentially excessive III and submitted
recormnendations for further III analysis to the Minnesota Pollution Control
Agency (MPCA). The preliminary evaluation determined that excessive III may
exj,st in por1;j.g.ns of the sanitary sewer system in the City of
~~~ . It was further recommended that each municipality
V-1
Exhi'Lit hA"
.
.
:
(-, "'-j
( .
~ ~
conduct the analysis of the sewer system within its boundaries, according to
federal guidelines and the conditions of this Agreement.
1.06. The Commission has submitted a grant application for the conduct of
further III analysis to the U.S. EPA and MPCA. The grant amount requested
reflects the current fiscal budgeting in the State's grant funding allocation
schedule. The application was prepared on behalf of an areawide program
without specific set-asides for a particular municipality. The determination
of the actual level of funding of the III program during the current.or future
fiscal funding years will be made by the MPCA. To the extent that federal and
state grants are provided, the Commission will administer the distribution of
the grant amounts to participating municipalities in accordance with the
provisions of the grant offer. '
SECTION 2 - INFILTRATION/INFLOW ANALYSIS
2.01. General. The 1/1 analysis shall demonstrate the nonexistence or possible
existence 'of excessive 1/1 in the sewer system. The analysis should identifY
the presence. flow rate and type of III ,conditions which exist in the sewer
system. .
For determination of possible existence of excessive III, the analysis shall
include an estimate of the cost of eliminating the I/Iconditions. These
costs shall be compared with estimated total costs for transportation and
treatment of the III. Cost-effectiveness analysis guide1ines (Appendix A.
4D CFR 35) should be consulted with re~pect to this determination.
If the III analysis demonstrates the existence or possible existence of
excessive III, a detailed plan for a sewer'system evaluation survey shall be
included in the analysis. The plan shall outline the 'tasks to be performed
in the survey and their estimated costs.
2.02. City Participation in General. The City shall be responsible for
completion of the III analysis and may retain a consulting enqineering firm,
in accordance ~/ith 40 CFR 35. to assist in carrying out the analysis.' .
The City shall submit engineering reports detailing the findings of 'the study
to the MPCA for their review and approval.
2.03. Commission Participation in General. The Commission hils 'lublished a
oublic notice in accordance with 40 CFR 35.927 inviting interested persons or
firms to submit statements of qualifications for' engineering services relating
to the III anaTysiS. direct1y to the qualifying communities.
To the extent that federal and state grants are provided. the Commission will
administer the distribution of the grant amounts 'to participating municipalities
in accordance with the provisions of the grant offer and any priority scheduling
established by ~lPCA.
V-2
. f
'"
c
~
C'
.
2.04. Consultant Selection. The U. S. EPA has oromulgated Rules and
Regulations regarding subagreements in 40 CFR 35. The City, must'fol~ow these
guidelines when retaining consultant to conduct, or assist in conductlng tne
III analysis.
SECTION 3 - FEDERAL AND STATE GRANTS
3.01. General. The Commission agrees to submit the project and the,
proposed cost to MPCA and U.S. EPA for inclusion under any standing grant
offer, if eligibility requirements of the grant offer are met. If n~cessary,
the Commission a9rees to apply for a grant amendment to include the project
and the cost in the III program. The City agrees to keep detailed records
of the cost of the project incurred by it. and to furnish this information
to the Commission in order to enable the Commission to comply with the
provisions of the grants. The Commission shall have the right to audit all
project costs furnished by the City.
3.02. Local Costs. The City agr~esto pay the ten percent (10%) local share
of the project cost. In addition, the City is responsible fQrproject costs
determined not eligible for grant funding. The Commission is responsible for
the local share of the administrative cost incurred by its employees or ;InV
consulting and administrative services rendered under contract to the CommissioR.
3.03. Reimbursement. As the project progresses, the City may submit to the
Commission detailed and certified statements of costs incurrred for the project
to a specified date, and request the Commission to seek federal and state
reimbursement for the costs so incurred. The Commission shall reimburse the
City for grant eligible costs, as determined by the U.S. EPA Rules and Regulations
or MPCA determination, as such funds are received by the Commission to the
percentage or extent provided by the grants. Disbursement of funds received will
be made after the MPCA has given technical approval of the work for which payment
is re'luested.
Upon receipt 'of grant funds for thj!.project, the Commission may reimburse to
itself any qrant eligible costs incurred for the project, out only to the
percentage or extent provided by the grants.
SECTION 4 - M1INISTRATIVE PROVISIONS
.
4.01. Amendments. This agreement may be modified only by written amendment
executed by the, City and the Commissio~.
4.02. Effectiveness. This agreement shall be effective upon its execution
by the City and the Commission.
4.03. Termination. This agreement shall tenninate upon completion of all
actions required of the parties hereund~r.
4.04. Severability. The provisions of this Agreement are severable, and the
invalidity or impossibility of performance of any of them shall not invalidate
or render ineffective any other provision.
V-3
.i C
.
.
. .
.
.
('
r-
r ,
IN WITNESS WHEREOF, the City has caused this instrument to be executed
by their duly authorized representatives and properly'attested, and the
Commission has caused this intrument to be executed this \O+~
day of 0 c i-o bf" '" . 1980.
In the Presence of:
CITY OF
~~/ C2/~
B
~-~G~-
BY~~~
Admlnlstarive/Cler '. .
METROPOLITAN WASTE CONTROL COMMISSION
BY ~~~__
Salls ury s
Cha i rman !
B
erre
, Atiministrator
Approved as to Form and Legal Content:
_BY~uI2' \J~
V-4
'i.
-e.
...
"
"
~IETROPOLITAN ,\~ASTE CONTROL CO/1MISSION
350 Metro Square Building. Saint Paul. Minnesota 55101
222-8423
AGREEMENT BETV1EEN
THE METROPOLITAN WASTE CONTROL CO~lMISSION
AND
CONTRACT NO.
THIS AGREEI.IENT. made an,d entered into by and between the City of ~~
, a muniqpal corporation of the State of Minnesota (hereinafter
referred to as the "City"). and the f4etropolitan ~Iaste Control Commission, a
metropolitan Commission established pursuant to Laws of 1975, Chapter 13
(hereinafter referred to as the "Commission");
WITNESSETH THAT, in the joint and mutual exercise of their powers and in
consideration of the mutual covenants herein contained, the parties hereto
recite and agree as follows: .
SECTION, 1 - RECITALS
1.01. The City owns and'operates a sanitary sewer system located inside its
boundaries, comprising various lateral..sub-trunk and trunk sewers; pumping
stations, and other equipment andappur~enances.
1.02. The Commission owns and operates a sanitary sewer ,system located inside
and outside the City. comprising interceptor sewers, pumping stations. treatment
works. and other equipment and appurtenances.
1.03. Sanitary wastewater and some infiltration/Inflow (I/I) is received by
the City sewer system and is discharged into the Commission's sewer system
and treatment works. Various Commission facilities are proposed to be upgraded
and/or expanded with federal and state grant assistance.
1.04. Section 35.927 of the U.S. Environmental Protection Agency (U.S. EPA)
Rules and Regulations requires that all applicants for grant assistance for
treatment works projects must demonstrate to the satisfaction of,the Regional
Administrator.that each sewer system discharging into said treatment works is
not or will not be subject to excessive III. The determination whether or
not excessive I/I exists will'generallY be accomplished through a sewer system
evaluation consisting of: 1) certification by the State Agency. as 'appropriate:
and, when necessary. 2) an I/I analysis: and. if appropriate. 3) a sewer system
evaluation followed by rehabilitation of the sewer system to eliminate I/I
defined in the sewer system evaluation.
1.05. The Commission has completed an InfiltrationlInflow Assessment to
identify collection systems subject to potentially excessive III and submitted
recommendations for further I/I analysis to the Minnesota Pollution Control
Agency (MPCA). The preliminary evaluation determined that excessive I/I may
existinporti~nJ,~f the sanitary sewer system in the City of
~ ~ . It was further recorrnnended that each municipality
V-I
EmiLi! "A"
"
"
.
.
,
.
.~
conduct the analysis of the sewer system within its boundaries, according to
federal guidelines and the conditions of this Agreement.
1.06. The Corrnnission has submitted a grant application for the conduct of
further III analysis to the U.S. EPA and MPCA. The grant amount requested
reflects the current fiscal budgeting in the State's grant funding allocation
schedule. The application was prepared on behalf of an areawide, program
,without specific set-asides for a particular municipality. The determination
of the actual level of funding of the III program quring the current or future
fiscal funding years will be made by the MPCA. To the extent that federal and
state grants are provided, the Corrnnission will administer the distribution of
the grant amounts to participating municipalities in accordance with the
provisions of the grant offer. .
SECTION 2 - INFILTRATIONIINFLOW ANALYSIS
2.01. General. The III analysis shall demonstrate the nonexistence or possible
existence of excessive III in the sewer system. The analysis should identify
the presence, flow rate and type of. III conditions which exist in the sewer
system.
for determination of possible existence of excessive III, the'analysis shall
include an estimate of the cost ofeliminatir19 the III conditions. These
costs shall be compared with estimated total costs for transportation and
treatment of the III. Cost-effectiveness analysis guidelines (Appendix A,
40 CFR 35) should be consulted with respect to this determination.
If the 1/1 analysis demonstrates the existence or possible existence of
excessive III, a detailed plan for a sewer system"evaluation survey shall be
included in the a'nalysis. The plan shall outline the tasks to be performed
in the survey and their estimated costs.
2.02. City Participation in General. The City shall be responsible for
completion of the 1/1 anal,vsis and may retain a consultin!) enqineering firm,
in accordance with 40 CFR 35, to assist in carrying out the analysis. . ,
The City shall submit engineering reports detailing the findings of 'the study
to the MPCA for their review and approval.
2.03. Commission Participation in General. The Corrnniss~on hilslJllblisheda
Dublic notice in accordance with 40 CFR 35.927 inviting lnterested persons ~r
firms to submit statements of qualifications for'engineering services relatlng
to the 1/1 analysis, directly to the qualifying corrnnunities.
To the extent that federal and state grants are provided, the Commission will
administer the distribution of the grant amounts to participating municipalities
in accordance with the provisions of the grant offer and any priority scheduling
establ ished by I1PCA.
V~2
,
~
. ..
,
e'
2.04. Consultant Selection. The U. S. EPA has promulgated Rules and
Regulations regarding subagreements in 40 CFR 35. The City, must'fol~ow these
guidelines when retaining consultant to conduct, or assist inconductlng tne
III analysis.
.SECTION 3 - FEDERAL AND STATE GRANTS'
3.01. General. The Commission agrees to submit the project and the
proposed cost to MPCA and U.S. EPA for inclusion under any standing grant
offer, if eligibility requirements of the grant offer are met. If necessary"
, the Commission agrees to apply for a grant amendment to include the project
and the cost in the III program. 'The City agrees to keep detailed records
of the cost of the project incurred by it, and to furnish this information
to the Commission in order to enable the Commission.to comply with the
provisions of the grants. The Commission shall have the right to audit all
project costs furnished by the City.
3.02. Local Costs. The City agrees to pay the ten percent (10%) local share
of the project cost. In addition, the City is responsible for project costs
determined nO,teligible for grant funding. The Commission is responsible for
the local share of the administrative cost incurred by its employees or anv
consulting and administrative services rendered under contract to'the CommissioA.
3.03. Reimbursement. As the project progresses, the City may submit to the
Commission detailed and certified statements of costs incurrred for the project
to a specified date, and request the Commission to seek federal and state
reimbursement for the costs so incurred. The Commissinn shall reimburse the
City for grant eligible costs, as determined by the U.S. EPA Rules and Regulations
or MPCA determination, as such funds are received by the Commission to the
percentage or extent provided by the grants. Disbursement of funds received will
be made after the MPCA has given technical approval of the work for which payment
is requested.
Upon receipt 'of grant funds for th!!.project, the Commission may reimburse to
itself any (Trant eligible costs incurred for the project, out only to the
percentage or extent provided by th~ grants.
.
SECTION 4 - J.ltlINISTRATIVE PROVISIONS
. 4.01. Amendments. This agreement may be modified only by written amendment
executed by the City and the Commission.
4.02. Effectiveness. This agreement shall be effective upon its execution
by the City and the Commission.
4.03. Termination. This agreement shall terminate upon completion of all
actions required of the parties hereunder.
4.04.. Severability. The provisions of this Agreement are severable, and the
invalidity or impossibility of performance of any of them shall not invalidate
or render ineffective any other provision.
V-3
1
,
:f ~
, ..
.
.
.. IN ~IITNESS HHEREOF, the Ci ty has caused thi s i nstrumentto be executed
by their duly authorized representatives and properly attested, and the
Commission has caused this intrument to be executed this
day of, 1980.
In the Presence of:
CITY OF
7h~ O~
BY
~-~)'CJ'~~
BY~ WJ~~
1 nl stari ve/Cl erk
METROPOLITAN WASTE CONTROL COMMISSION
BY . ...
Salisbury Adams
Cha i rman
BY
Richard J. Dougherty
Chief Administrator
.
Approved as to Form and Legal Content:
BY
'Lega 1 Counse 1
V-4
"
~
.
'.
~~'tl
ENGINEERING AGREEMENT
INFILTRATION/INFLOW ANALYSIS STUDY
FOR
CITY OF ARDEN HILLS, MINNESOTA
THIS AGREEMENT, made and entered into this / /;z.{ day of
Mt , 1980, by and between the CITY OF ARDEN HILLS,
hereinafter called the OWner, and SHORT ELLIOTT
HENDRICKSON, INC., St. Paulf Minnesota, a corporation, hereinafter
called the Engineer,
WITNESSETH:
WHEREAS, a series of reports which document possible excessive
ihfiltration/inflow in
the
OWner's sanitary sewer system were
submitted by the Metropolitan Waste Control Commission, hereinafter
called the Commission, to the Minnesota Pollution Control Agency
(MPCA) and accepted by that agency; and
WHEREAS, the Owner has or is about to enter into an agreement with the
Commission which requires that
the
OWner assume the majority
responsibility for
completion of a detailed infiltration/inflow
analysis study; and
- 1 -
.
WHEREAS, the aforementioned agreement requires that' the OWner retain a
consulting engineering firm, in accordance with U.S. Environmental
Protection Age~cy (EPA) rules and regulations governing subagreements
to conduct, or assist in conducting, the detailed infiltration/inflow
analysis studYI and
WHEREAS, the OWner desires to employ the Engineer to provide
professional engineering services to conduct the necessary
investigations and analyses of the OWner's sanitary sewer system, in
accordance with guidelines and regulations published as of February 1,
1980, by the U.S. Environmental Protection Agency concerning sewer
system evaluation and rehabilitation.
NOW, THEREFORE, in consideration of the promises and the covenants,
agreements and payments hereinafter set forth, the Owner and the
Engineer hereby mutually agree as follows:
ARTICLE I - DESCRIPTION OF PROJECT
.
This project shall include the completion o,f an infiltration/inflow
analysis study of the Owner's sanitary sewer system. This study will
demonstrate the nonexistence or possible existence of excessive
infiltration/inflow (I/I) in the sewer system. The study will
identify the presence, flow rate, and type of I/I which exists in the
sewer system. It shall also include an estimate of the cost of
- 2 -
.
eliminating the I/I and a comparison of the cost of elimination with
the total cost for transportation and treatment of the I/I. A plan
for a sewer system evaluation survey to locate discrete sources of I/I
will be included if warranted by the study.
The project shall consist of four (4) separate and definable phases,
the composite of which shall be the total infiltration/inflow analysis
study for the Owner. These phases shall be:
Phase I
Phase II
Phase III
Phase IV
- Grant In-Aid Application Preparation
- Evaluate Background Information
- In-system Flow Monitoring and Investigations
- Data Analysis and Reporting
ARTICLE II - SERVICES TO BE PERFORMED BY THE ENGINEER
The Engineer agrees to perform the following services:
Phase I -Grant-In-Aid Application Preparation
The Engineer shall assist the Owner in the preparation of a grant
. application for u.S. EPA and MPCA financial grant-in-aid, through the
Commission.
Phase II - Evaluate Background Information
1. Review and evaluate available records and sewer system
maps to determine the characteristics of the existing
sewer system.
- 3 -
.
2. Interview key personnel knowledgeable with the owner's
sanitary sewer system and its associated problems.
3. Collect and analyze the following:
a. Commission wastewater flow records of relevance to
the owner's sanitary sewer system.
b. Water pumpage and sales records.
c. Private well usage records and/or estimates.
d. Meteorological data.
e. Topographical characteristics.
f. Soil characteristics and groundwater table data.
.
g. Age of the sanitary sewer system and structures
served.
h. Existing and past sewer ordinances as related to
infiltration/inflow codes and plumbing practices.
4. Review and evaluate data from previous I/I investigations,
maintenance records, television inspections, smoke
testing, building inspections or other appropriate
information.
- 4 -
.
5.
Divide the sewer system into approximately
subsystems based on land use, topography, age of
drainage criteria, taking into consideration
excessive III is apparent.
14 drainage
system, and
areas where
Phase III - In-system ~low Monitoring and Investigations
1. Install and monitor up to 14 static groundwater observation
wells at selected locations throughout the system to aid in
determining seasonal and climatic groundwater fluctuations.
2. Index groundwater observation wells to Owner's datum, as
appropriate.
3.
4.
.
Install and monitor
recording type rain
the system.
an appropriate number of continuous-
gauges at selected locations throughout
Install and monitor up to four (4) event recorders in key lift
stations selected by the Engineer for use during the flow
monitoring program. The installation shall be done by a
qualified electrician.
5. Monitor the flows at selected manholes within the sanitary
sewer system, the discharges through known bypasses and
crossovers, and the flows from major drainage basins in the
sanitary sewer system. Flow monitoring will be undertaken to
- 5 -
-
establish base and peak flaws. This monitoring will be
accomplished utilizing continuous level recording meters and
other manual and mechanical methods deemed appropriate by the
Engineer. Where continuous measurement of flow volume is not
feasible, due to the number of discharge points and/or flow
characteristics, appropriate estimates will be made on the
basis of observed conditions. The flow monitoring program
will be conducted at the discretion of the Engineer and will
be maintained until sufficient flow data is obtained to the
satisfaction of the Engineer. Forty meter weeks have
.been ,used in estimating the cost of 'services for this
agreement.
6. Night-time isolation flow monitoring will be performed by
weiring instataneous flow rates in selected sewer lines
(maximum 42) to identify infiltration in isolated areas of the
sanitary sewer system. Fluorometric dye tracing techniques
will also be utilized where deemed appropriate by the
Engineer.
.
7. Inspect manholes containing bypass pumping equipment and
cross-over connections and make physical inspections of other
randomly selected manholes (maximum 28).
Phase IV - Data Analysis and Reporting
1. Compute base wastewater flow rates for the Owner's sanitary
sewer system.
- 6 -
.
2. Identify the presence, quantity, and type of 1/1 that
exists within the sanitary sewer. system.
3.
Evaluate each subsystem using U.S.
Protection Agency Program Requirements
78-10 cost-effectiveness criteria.
Environmental
Memorandum (PRM)
4. Determine current average and peak flow conditions from
the drainage subsystems and project these flows for future
conditions.
5. Evaluate each subsystem using cost-effectiveness criteria,
to determine whether sewer system evaluation survey
investigations are required.
6.
.
Prepare a report summarizing the investigations and
identifying the scope of additional sewer system
evaluation investigations in the subsystems found to have
1/1 sources which appear to be cost-effective to
eliminate. Present the results of the detailed
infiltration/inflow analysis study, Phase II, III and IV,
in a report to the Owner, the Commission, the MPCA and the
U.S. EPA. The report will provide necessary information
to document the nonexistence or possible existence of
excessive 1/1 in the Owner's sanitary sewer system, based
- 7 -
~.
on U.S. EPA cost-effectiveness analysis guidelines. A
plan for a sewer system evaluation survey will be
included, if warranted by the study.
7. Assist the OWner in conducting a Minimum Level Public
Participation Program as defined by the U.S. EPA. Provide
materials for and attend one (1) public hearing to be
conducted at the conclusion of the project. Assist the
OWner in preparing the Responsiveness Summary to be
incorporated into the report following the public hearing.
ARTICLE III - RESPONSIBILITIES OF THE OWNER
The Owner will issue a written notice-to-proceed to the Engineer for
services to be performed under ARTICLE II, Phases II, III and IV
within ten (10) days of receipt of a notice from the Commission of
acceptance of an approved grant offer.
Completion of. the infiltration/inflow analysis study in the most
expeditious and cost-effective manner will require certain efforts on
lit the part of the OWner. Specifically, the Owner shall provide the
fOllowing in a timely fashion and at no cost to the Engineer or his
subcontractors:
1. A person authorized to act as the OWner's representative
to accept completed work during the course of the study
and to provide appropriate liaison.
- 8 -
.
2. Available sewer system maps and construction plans for the
service area's sanitary and storm sewer systems.
..
3. Records from past stUdies such as manhole inspection, sewer
televising, population studies, building inspections, and
sewer system rehabilitation results.
4. Available information with regard to problems within the
system so that proper field procedures can be employed and
necessary precautions taken during the III analysis study.
5. Legal and physical access to manholes to be inspected and used
during the course of. the study. The Owner shall locate and
expose such manhole covers which are not visible, not
accessible or are completely or partially covered by soil or
pavement surface and restore all street and ground surfaces
damaged during the work.
6. Access to the service area lift stations.
.
7.
Shutdown of lift stations, if required, to reduce
wastewater flows during the flow monitoring calibrations.
8. If required, pumps and operating personnel to reduce flow,
bypass sewage and otherwise handle f lows in the sanitary sewer
system, so that the inspections to be carried out by the
Engineer can be completed.
- 9 -
.
9. Necessary temporary modifications at the Engineer's request of
any flow bypass points to allow for monitoring of wet weather
bypass flows.
10. Cost data re~ative to wastewater transportation and treatment
and facilities operation and maintenance.
11. Review and approve a preliminary draft report prior to the
public hearing.
objectives of the program, and to Qbtain the cooperation
needed from the general public.
13. Insurance of such types and in such amounts as may be
necessary to protect its employees against all hazards or
risks of loss.
ARTICLE IV - COMPENSATION
.
The Engineer shall be compensated for services outlined in ARTICLE II
as follows:
Phase I - Grant-In-Aid Application Preparation
Payment for preparing this grant application shall be based on the
actual time required at the normal billing rates for the personnel
involved and shall not exceed $500.00. It is understood that the grant
.
- 10 -
.
application preparation costs are ~ eligible for u.s. EPA or MPCA
grant assistance.
Phases II, III and IV - III Analysis Study
compensation for services outlined in Phases II, III and IV shall be on
the basis of the Engineer's COST, including direct labor costs,
allowable indirect costs, and other allowable direct costs such as
transportation, meal and lodging expenses, equipment costs,
subcontracts and prb\ti~g expenses, plus a FIXED FEE.
For services described under Phases II, III and IV of ARTJ.CI.E II, the
estimated total agreement CEILING PRICE is $54,917.00 which includes a
FIXED FEE of $5,004.02.
The Engineer will bill the Owner monthly. The monthly billing will
summarize the direct labor hours and costs incurred. A pro rata share
of the FIXED FEE will also be billed monthly in proportion to the
progress of the project as certified by the Engineer. The Owner will
pay the Engineer within thirty (30) days of the billing date.
.
The total overhead rate (indirect labor and allowable indirect costs)
is 1.54 times actual salary. The Engineer will promptly notify
the Owner of changes in this rate which occur during the period of time
this agreement is in force.
- 11 -
.
O~her allowable direct costs are expenses incurred directly by the
Engineer for the OWner, including meals, mileage, computer usage,
technical equipment and printing. Such direct expenses will be billed
on the basis of the usual commercial charges of items provided by the
Engineer or on the actual price for items obtained from commercial
sources.
If the costs to complete the services covered by this agreement e~ceed
the,GEt~~NG PRICE~ the Engineer shall submit documentation of the
additional costs to the Owner. The Owner agrees to review the
documentation provided by the Engineer and, upon concurrence by the
Owner that the documentation justifies an increase in the CEILING
PRICE, this agreement shall be renegotiated in accordance with 40, CFR
35.937-1 (b) of the Federal Regulations.
If the project initiation is. delayed beyond September 1, 1980, by
factors not under control of the Engineer, this agreement may be
renegotiated to reimburse the Engineer for additional expenses in
accordance with this Article. The FIXED FEE may not be increased
except in the case of an agreement amendment which increases the'scope
~ of services. The renegotiation would be in accordance with 40 CFR
35.937-l(b) of the EPA Grant Regulations.
ARTICLE V ~ PERSONNEL AND TIMING
The Engineer has, or will secure, qualified personnel, equipment and
facilities necessary to complete the services outlined in this
)
- 12 -
.
engineering agreement. The Engineer anticipates providing personnel
from the following personnel classifications:
Principal Engineer
Project Manager
Project Engineer
Office and Field Technicians
Drafters
Clerical
Surveyors
Information regarding the above classifications is available from the
Engineer upon request.
Subcontracts to this agreement will be negotiated in accordance with 40
CFR 35.937-12, of the U.S. Environmental Protection Agency Grant
Regulations.
Services which are anticipated to be subcontracted
include groundwater observation well drilling, technical specialist and
electrician.
It is understood that services under ARTICLE II, Phases II, III and IV
will not commence until the Owner receives an approved grant offer from
the U.S. Environmental Protection Agency, as passed through by the
.
Commission and notice-to-proceed is given to the Engineer.
The infiltration/inflow analysis study, as described in ARTICLE II,
will be completed and delivered to the OWner in accordance with the
schedule presented herein.
- 13 -
.
.
Work Phase
Estimated Time
(Calendar Days)
I - Grant Application
II -Background
III - In-System Flow Monitoring
IV - Data Analysis & Reporting
3
70
84
112
2"69
Total
The services as described herein shall be commenced and carried out as
expeditiously as weather and other physical conditions permit. These
services shall be completed within one (1) year following the Notice
to Proceed.
However, the Engineer shall not be held liable to the
OWner, if delayed in, or prevented from performing the services as
specified herein through any cause or causes beyond the control of the
Engineer and not caused by its own fault or negligence, including acts
of God or the public enemy, adverse weather conditions, acts of the
Government (including changes in State and/or Federal requirements
governing infiltration/inflow evaluations after February 1, 1980),
fires, floods, epidemics, strikes, jurisdictional disputes, lockouts
and freight embargoes.
ARTICLE VI - APPENDIX C-l
Appendix C-l, as published in the Federal Register on September 27,
1978, is attached hereto and made a part of this agreement and any
subagreements.
ARTICLE VII - CHANGE IN PROJECT AND AMENDMENTS
Terms of this agreement may be changed by mutual understanding of the
- 14 -
.
.
Engineerand the Owner.
Such changes shall be approved by both
parties and incorporated in written amendments to this agreement.
ARTICLE VIII - THIRD PARTY BENEFICIARY
The MPCA is a third party beneficiary to this agreement.
ARTICLE IX - MINORITY BUSINESS ENTERPRISES
The Engineer has developed a company-wide goal oriented system to
utilize Minority Business Enterprises. The Engineer intends to make a
good faith attempt to seek out and utilize the services of 'qualified
minority business enterprises, to assist the OWner in meeting his goal
of minority business utilization on this project.
In WITNESS WHEREOF, the CITY OF ARDEN HILLS, MINNESOTA and SHORT
ELLIOTT HENDRICKSON, INC., have respectively caused this agreement to
be duly executed as of the day and year first above written.
APPROVED:
...AmI c iO, I~e:o
Date
1}{~ko
Date /
- 15 -
.
APPENDIX C-t-REQUtltED PROVlStONS-
CONSULTING EJratNEn1NG AaREEl4ENTS
1. Genna!
2. Reswnslblllty or the Engineer
3. Scope of Work
4. Changes
S. Tf!nninaUon
6, Rt'medies
'1. Payment
8. Project Design
9. Audit; Aceess t.o Records
10. Price R'eduction for Detective Cost. or
Prlclng Data
11. subconl.r1t.Cts
12. Labor Standards
13. Equal Employment. Opportunity
14. UUllzaUon of Small or Minority Busi.
ness
15. covenant. Against Contingent Fees
16.0ratuities
n. Patents
18. Copyrlghla and Rights in Data.
.
1. GENL'RAt.
(a) The owner and the engineer agree t.hat.
the following provisions apply to the EPA
srant-ellgible work to be performed under
this agreement amllhat such provisions su-
persede any eonntctlng provisions of this
agreement.
(b) The work under this agreement is
funded In part by a. grant from the U.S. En-
vironmental Protection Agency. Neither the
Untted States nor the U.S. Environmental
Protection Agency (hereinafter, "EPA") is a
party to this agreement. This agt'f'cment
which covers grant-ellgible work Is subject
to regulations contained In 40 CPR 35.936,
35.937. and 35.939 in effect on the date of
execution of this agreement. M used in
these 'clauses. the words "the date of necu.
ticn of this agreement" m('an the date of
execution of this agreement and any subse.
quent modiflcatton of the terms, compcrn;a.
tion or scrope of services pertinent to unper.
formed work.
(cl The owner's rights and remedies pro.
vlded in these clauses. are in addition to any
other rtghts and remedies provided by law
or this ~KI'eement.
2. RESl'ONSIBIUTY OF THE ENGINEER
(8.) The engfne-cr shall be responsible for
the professional qU&1llY. teehnlcal accuracy.
timE"ly completion. and the coordination of
all designs, drawings. speciflcatlons. r<"ports,
. and ot,her set'Vlees furnished by the engi.
neer under this agreement, The engtueer
shall, without addU,tonal compensation, cor.
rect or reviae any errors, omissions, or other
dHiclencies to his designs, drawings. specifi.
cations, reporta, and other services..
<bl The engineer shall perfonn such pro-
fessional servtees as may be necessary to s.c.
('omp1ish the work required to be performed
undt'r thL'i agreemf!nt. in accordance wilh
this agre'ement and applleable EP A Tt'Quire.
ments In eUect on !.he date of execution of
Ul1s atrt'emenL
(c) The owner's or EPA's &PprovRl of,
draVilnltS. designs. specUications. rt'poTLs,
and Inddent.a1 enBlrw~rinK work or ma.lerl.
als fumlshl'd h('reundt"r shall not in 1U1Y
way relieve the engineer of responsibility
tor the technical adequacy of his work. Nei.
ther the C'Wllp.r's nor EPA's review. approval
or aeeept.e.nce of. nor payment ror, any of
Ute services shall be construed to operate as
a waiver of any rights under thls a.greement.
44091
or of any cause of action arising out of the
performance of t.his agreement..
(dl The engineer shall be and shall remain
liable. in accordance with appllcable law, for
all damages to the owner or EPA caused by
the engineer's negligent. performance of any
of t.he services fumL,>hed under this agree-'
ment.. except for errors. omIsslons or other
deilclencles to the extent attributable to Ute
owner, owner.fundshed data or any Lhlrd
party. The englneer shall not be responsible
for any time delays in -the project caused by
circumstances beyond the englneeer's con.
trol Where lnnovaUv-e processes or Lech.
niQues <see 40 CFR 35.908) are recommend.
ed by the engineer and are used. the engl.
neer shalt be liable only [or gross negligence
to the extent of such use.
:'I. SCOPE 01' WORK
The services to be performed by the engl.
neer shall tnclude all services required to
complete the task or Step in accordance
with applica.ble EPA regulaUons (40 CPR
Part 35. subpart E in effect on the date of
execution ot this e.greemenU to the extent.
of the ~ope oC work as dennt.>d and set. out
in tht' engineering services agreement to
whIch these provlslons tu'C at.tached. .
4. CHAliGES
(a) The owner may, at e.ny time. by writ.
ten order, make. changes within the general
&rope ot thIs agreement In the services or
work to be performed. 1! such changes cause
ail increase or decrease in the engineer's
cost of, Dr time required tor, performance ot
any services under this agreement. whether
or not changed by any order, an equitable
adjustment shall be made and this agTee.
ment shall be modified in writing aecordlrig.
ly. The engineer must assert any claim for
adjustment under this clause in writing
within 30 days from the dele oC reeefpt by
the engineer of the notification of change,
unleSs the owner grants a further period of
time bt>fore the 'date of final payment. under
this agreement.
(b) No services for which an additional
compensation will be charged by the engi.
neer shall be furnished without the written
authorization ot the owner.
(c) In the event that there is a modUlca.
tion of EPA requiretnents relating to. the
services to be performed under this agree-
ment after the date of execuLion of this
agrct'mcnt. the Increased or decreased cOst
of p('rtormance oC the services provided ror
in this agreement shall be retle-cted in an
appropriate mocUncatlon of this agreerqenL.
5. TERMINA'rlOIf
(a) Either party tnll.Y termtn.l.f.e thili agree--
ment, in whole or iIi part, tn"wrltlng, if the
other party substantiallY faUs to [uUlu its
obllgaUons under this agreemenf through
no faull of the tE"nninaUng party. llowever,
no such terminaUon may be effected unless
the other party is given (1) not less than t.en
(10) calendar days written notice (delivered
by certified mail, ret.urn receipt requested)
oIlutent. to termina.te and (2l an opportwtl.
ty for consultation lI.-fth the t.erminatlng
party belore k'rinlnatlon.
(bJ Tho ownC'r ma.y terminate this agree.
m('nl, 1n whole or in part, in wrttlng, for Its
convt'ntcnce, if the tRnnlnat.lon is lor good
cause (such as for legal or financIal reasons,
major changes in the work or program reo
quirements, tniUauon of a new step) and the
engineer is 8iven (1) not less than ten (10)
calendar days wrU,ten noUce (delivered by
fEDERAL RtGlSTP. VOL 43, NO. I_WEDNESDAY, SEPTEMllEIl 27, 1918
'.
. .
.
.
44092
eertltled mall. retum receipt requested> of
Intent to terminate. and (2) an opportunIty
tor consultation with the terminating Party
before LtnnlnaUon.
(e) If the owner termlna.tes for default, an
equitable adjustment In the price provided
for in this agreement shall be made, but (1)
no amount shall be allowed for antleipated
~ront on unpez:fonned services or other
work. and (2) any payment due to the engJ.
neer at the time of termlnatJon may be ad.
Justed to the extent of any adcUtlonal cooLs
the owner lncurs bffause of the engineer's
default. II the engineer terminates for de.
fault or If the owner terminates for conven.
fence. the equitable adjustment _shall In.
elude a reasonable prottt tor services or
other. work performed. The equitable ad.
Justment for any tenn1natton shall provide
for payment to the engineer tor services
rendered and expenses incurred before the
tenntnatJon. in addition to termlnatJon set.
tlement costs the engineer reasonably
Incurs relating to commItments which had
become finn before the termination.
(d) Upon, receIpt of a termlnaUon acUon
under paragraphs (a) or (b) above. the engi.
neer shall (1) PTompUy discontinue all serA
\'tees atfected (unless the notice directs oth-
erwise). and (2) deUver or otherwise make
e.vallable to the owner all da.ta., drawIngs.
speeJ.fJcaUons. reports. estimates. su:rn..mar-
lea. and such other information and materiA
als as the engineer may have accumulated
In performing thLs agreement. whether com-
pleted or In process.
(e) Upon tennlnation under paragraphs
(a) or (b) above. the owner may take over
the work and prosecute the same to comple-
tion by agreement with another party or
otherwIse. Any work the owner takes over
for completion will be completed at the
owner's risk. and the owner will hold harm.
less the engineer from all claims and dam-
ages arising out oll1nproper use of the engi-
neer's work.
(n It, after termlne.Uon for fallure of the
engineer to tuUlIl contractual Obligations. It
Is determined that the engineer had not so
fafled, the termination shall be deemed to
.have been effected for the convenIence of
the owner. In such event. adjustment of the
Price provided for In thls agreement shall be
made as paragraph ec) 01 this clause pro-
videa.
S. REMEDIES
Except as this agreement otherwise pro.
vides. sJl c.laima. counter-clalms, disputes,
and other matters in qut'sUon bt>twt'f'n the
owner and the engIneer arIsing ouL of or re-
elating to . this agreement or the breach Of. It
will be decided by arbitration It the pa.r:tJes
hereto mutually &Bree, or In 8 court of com-
petent JurisdictIon wJthln the Slate In
which the. owner is Joea.ted.
f. PAYMENT
(a) Payment shall be made in accordance
With the pe.yment schedule Incorporated in
this agreement N soon as Practicable upon
submJssJon ot statements requesting pay.
blent ,by the engineer to the owner. Uno
such payment schedule is' Incorporated In
this agreement. the payment provIsions of
paragraph (b) of this clause shall apply.
. (b) The engineer may request IDonthly
prolJI'eSS payments and the owner shall
tnake thetn as soon as practicable UPOn BUD-.
tnJss10n of statements requesting payment
by the engineer to the Qw:ner. When such
progress payments are tnade, the owner IDay
RULES ANDREGULAnONS
wIthhold up to ten (.l0) percent 01 the vou.
chered amount unUl satisfactory completion
by the engineer of work and serv1ces withIn
a step Called for under this agreement.
When the owner determines that the work
under thts agreement or any specJfled task
hereunder is' substantially complete and
that the amount ot retatned percentages is
In excess of the amount considered by him
to be adequate lor his protection. he shall
release to the engineer such excess amount.
(e) No payment request made under para-
graph (a) or (b) of this clause shsJl exceed
the estimated amount and value of the work
and services pertonned by the engineer
under this agreement. The engineer shall
prepare the estimates of work performed
and shall supplement them with such sup..
. POrting data as the owner may requIre.
(d) Upon satisfactory completion of the
work performed under thls agreement., as a
condItion precedent to final payment under
thIs agreement or to settlement upon terml.
nation of the agreement, the engineer shall
execute and delJver to the owner a release
ot aU claims against the owner arising under
or by virtue ot this agreement, other than
such claims. If any. 'as may be specJtlca1ly
exempted by the engineer from the oper.
aUon .01 the release In stated amounts to be
set forth therein. .
8. PRon:cr DESIGN
(al In the pertonnance of this agreement.
the engineer shall. to the extent practicable,
provide for maxImum use of'structures. ma-
chines, products, materJals, construction
meUlods. and equipment which are readily
avallable through competitIve procurement,
or through standard or proven prOduction
techniques. methods. and. processes, consist.
ent wIth 40 CFR 38.938-3 and 38.938-13 in
effect on the date of execution of this agree_
ment. except to the extent to which iilnova-
tive technolOgy may be used under 40 CFR
35.908 In effect on the date of execution ot
this agreement.
(b) The engIneer she.lJ not, in the perform.
ance of the work under this agreement, pro-
duce a design or speclficatJon which wouJd
require the use of structures. machines.
products. materials, construction methods.
equipment. or processes. which the engineer
knows to be available only from 8 sole
source, unless the engineer has adeque.tely
JUBtitled the use of a sole source In wrltlng.
Cc) The engineer shall not, In the perform.
Bnce of the work under this agreement. pro-
duce a dt'sign or speclflcatlon whIch would
be restrictive tn violation of see." 204(a)(6) of
the Clean Water Act. This statute requires
that no specification for bIds or statement
of work shall be written In such a manner as
to contain proprJetary, exclUSionary. or tns-
Criminatory reqUirements other than those
based Upon .performance, unless such re..
quirements are necessary to teat or demon-
strate a specJfJc thins. or to prOvide for nee-
essary tnterchangeabUJty of parts and
equIpment, or at least two brand names or
trade names of comparable QusJlty or utility
are listed and are followed by the words "'or
eQual:'Wlth regard to materials, 11 B single
material ls specitled. the engineer must be
prepared to substantiate the basis for the
selection 01 the material.
(d) The en81neer shall report to the owner
any sole-source or restrictive design or speci-
fication giving the reason or reasons Why It
Is necessa.ry to restrict the desIgri or sJ)eClfi.
cation.
(e). The engineer shall not knowingly
specIfy or approve the performance of work
at a facility which is In violation of clean air
ur water standards and which Is listed by
the Director of the EPA Ottlce of Federal
ActJvttles under 40 CPR Part 15.
9. AUDIT; ACCESS TO RECO~S
(a) The engineer shall maJnta1n hooks.
records, documents. and other evidence dI.
rectly pertinent to pel'formance on EPA
grant work under this agreement in accord-
ance wIth generally accepted accounting
princIPles and practices conslstentl)' ap.
piled, and 40 CFR 30,808. 30,808. and 38.035-
7 In etrect on the date of execution of this
agreement.. The engineer shall also main.
tafn the financial information and data used
by the engineer in the preparation or sup.
POrt of the cost submission required under
'40 CPR 35.937-6(bl in effect on the date of
execution ot tills agreement and a copy of
the cost summary submitted to the owner.
The U.S. EnvIronmental Protection Agency,
the Comptroller General of the United
States. the U.S. Department of LabOr.
owner. and [the State water poJlution con-
trol agencyl or any of their duly authorized
representatives shall have. access to such
books. records, documents, and other e...l.
dence lor InspecUon. audit. and -copying.
The engineer will provide proper fe.clllt1es
tor such access and InsJleCtlon.
(b) The engineer agrees to include para.
graphs (a) through (el of thLs clause ,In all
his contracts and all tier subcontracts dI.
rectly related to project perfonnance that
are In excess 'of $10.000.
(c) Audits conducted under thts provfslon
shaJl be in accordance wIth generally ae.
cepted auditing standards and established
procedures and guldeUnes ot the reviewing
or audit agency<Jes).
(d) The engineer agrees to the disclosure
of all lnlonnation and reports resulting
from access to records under paragraphs (a)
and (b) of this' clause, to any of the agencIes
referred to in paragraph (a). provided that
the engineer is aftorded the opportunlt,Y for
an audit exIt conference and an opportunity
to comment and submit any support!ng doe.
umentatIon on the pertinent POrtions pI the
draft audIt report and that the finoJ audit
report wiJIlnclude written comments of rea.
80nable length, U any, of the engineer.
(e) The engmeershall malnteJn.and make
e.vaUable records under paragraphs (a) and
(b) of this cJause during perfonnance on
EPA grant work under this agreement and
until 3 years from the date of finoJ EPA
grant payment lor the project. In addItion.
those records which relate to any "Dlspute"
appeal under an EP A grant agreement, to
lltlgatlon, to the settlement of claims arts.
Ing out of such performance, or to costs or
Items to wh1eh an audlt exception has been
taken, shall be maintained and ma.cle avaUa.
ble untU 3 years after the date of resolution
of such appeal, litigation. claim. or excep.
tlon.
10. PRICE RZtJVCTION Foa DD'EC1'IVE COBr oa
PRtCING DATA
(Thll c14U8e u applicable fI the amount 01
thu agreement e:ccud8 $100,000.)
(a) If the owner or EPA determines that
any price, Including profit, negotiated in
connection with this .agreement or any cost
reimbursable under this agreement was 1n~
creaSed by any sIgni11cant sums because the
engineer OJ: any subcontractor furnished In.
complete or tnaccurate cost or pricing data
I
I.
I:
.:
Ii
FEDERAl. _ISTER, VOL 43. Il1O. I_WEDHESDAY, SEPTEMIlEl 27, 1978
.
.. "
"
'~
.
.
or data not current as certified in his eertifl.
caUon of current cost or pricing data (EPA
form 5700-41). then such price. cost. or
profit shall be reduced accordingly and the
agreement shall be modi!led in writing to
reflect such reduction.
(bl Failure to agree on a reduction shall
be subject to the remedies clause or this
agreement.
(Nate.-Since t1u.' agrermtnt U subject to
reduction UMer thb clause btl n>ason of df'.
leeli'tJe cost or pric1ng data submitted in
connection until certain subcontract!. the
envtneer me, wi.ah to include a clause tn
each such 8ubcontract requiting the subean-
trudor to appropriatclJf indemnt/y the nlg(.
neer. It tI alao expected that any subcontrac-
tor subject to ~uch (ruljmnificatton will gen.
er4UU reQvtre substantiallY' BtmUar indemnf.
ftcation lor dI!/ective cod or pricing data re-
quired to be -submitted by his lower tier sufr.
-contJ"4Cton.)
11.8UBCOMTRACTS
(a) Any subcontr&c:tors and outside l\SSO'
elates or consultants required by the engi-
neer in connection wlth services undE'r this
agreement will be limited to such individ-
uals or firms B.S were specificeJly Idf'nUfted
and agreed to during ncgoLtatlons. or as the
owner specifically authortzes during the
performance of this agrtemt'nt. Tht' o~'ner
must give prior approval for, any substltu-
Llona In or additions to such subcontractors,
assoctates, or consultants.
<b) The engineer may not subcontract ser-
vices In exc,PBS of thirty (30) percent (or
_ percent, if the owner and the engi-
neer hereby agree) of the contract price to
subcontractors or consultants without the
owner's prior wrlUen approval.
12. LABOR STANDARDS
To the extent that this agrremcnt in-
volves "construction" (as defined by the
Secretary of Labor). the t>ngineer agrt'es
that such construction work shall be subject
to the fQllow1na labor standards provisions.
to the extent applicabJe:
(t.) Davis-Bacon Act ("0 U.S.c. 2'16a-
n8a-'l):
<b) Contract Work Hours and Safety
standards Act (40 U,6,C. 32'1,333);
(c) Copeland Antl-Ktekbaek Act (18 U,S.C.
874 J; and
(d) Executive Order 11248 (Equal Employ.
ment Opportunltyr,
and lmplemenUng ruJes, regulations, and
relevant orders of the Secretary of Labor or
EPA. The engineer further agrees .that this
..ementshall include and be subject to
"Labor Standards Provisions for Feder-
Assisted Construction Contracts" (EPA
form 5720-4) in efleet at the time of execu-
Uon of this agreetnent.
IS, EQUAL EMPLOYM'l:MT OP'PORnnnTY
In accordance wIth EPA polley as ex.
pressed In 40 em 30.420.5. the engineer
agrees that he Villi not dIscriminate against
any employee or appllcant for employment
because of race, TeUslon. color, sex, age, or
national origtn.
U. 11TIU'lATtOtf or SMALL AND MtNORIT'Y
BUSINESS
In aoeordance with EPA policy as ex.
pressed ,In 40 em 35.936-7, the eflglneer
agrees that qualified small business and ml.
norlLy buatness enterprises shaU have the
maximum. practicable opportunity to par-
RULES AND REGULATIONS
tfcipate' in the perfonnance of EPA grant.
assisted contracts and subcontracts.
lIS. COVJ:NANT AGAINST CONTINGENT FEES
The enBineer warrants that no person or
selllng agency has been employed or reo
tainC'd to solicit or secure this contract upon
an &lJreetnpnt or undel'St.a.nding for & com-
mission. percentage, brok('rage, or contin-
Bt'nt f('e, PlcE-pUng bona tide employt'es, 1o'or
brt'ach or violation oC "this warranlY Ihe
owner shall have the right to annul this
agret'ment without liabUity or In its dlscre.
Uon to dt:'duct from the conlract price or
const4eratton, or otherwise rrcover. the fun
amount ot such cornmlssion, percentage,
brokerage, or COnUnB(~nt fee.
I6.GRA.TUITIr.s .
(a) It It Is found. a.fter notice and hearing.
by the owner that the engineer. or any of
the engineer's agents or representatives, of-
fered or gave gratUities (in the fonn of en.
tertainment, gltls, or othervo'ise), to any orn-
elal, E'mployt>e, or agt"nt of Ihe owner, of the
State, or of EPA in an attempt .to secure a
contract or favorable treatment in a.....ard.
ing, amending, or making any determina-
tions related to the performance of this
agrt>ement, the 09mer may, by written
noUc.e t.o the engineer, termInate the right
of the engineer to proceed undC!r this agree-
ment. The owner may also - pur~>ue other
rlghL5 and remedies that the Jaw or thls
agreement proVides. However, the exIstell('e
of the facts upon which the owner bases
such findings shall be in ts.'lue and may be
reviewed In proceedings under the remedies
clause 01 this agreement.
(b) In the event this agn.-emf'nt Is tem1i.
nated as prOVided in paragraph tal h(!reol,
the owner shan be E'nUtJed: (1) To pursue
the,same remedies against the engineer as it
could pursue in the event of a brea('h of th(~
contract by the engineer, and (2) as a penal-
ty, in addition to MY other damalU's 1-0
which It may be entitled by la.w, to exempla'
ry damages In an amount (as determined by
the o~'ll('r) which shall be not less than 3
nor more than 10 times the costs the engi-
neer Incurs In providing any such gratuities
to any such omcer or employee.
1'l_ PATENTS
1! this agreement involves research, devel-
opmental. experimental, or demonstration
work and any dIscovery or Invention arises
or Is developed tn the course of or und.er
this agreetnf'nt. such Innntion or dl'lco\'cry
shall be subject to the reporting and rights
provisions of subpart 0 of 40 CPR, part 3D,
In effect on the date of execution of this
agreement. including appendix B of part 30.
In such case, the engineer shaH report the
dl.seovery or invention to EVA directly or'
through the owner, and shall otherwise
('amply with the owner's responsibiUtks In
accordance with subpart D of 40 Clo'lt tmrt
30. Thr C'ngiO(~cr agrcrs that tlw dispor.ltlol\
01 rights to inventions made undcr this
tUIT("("ment shaH be in Qc-cordauce with the
terms and conditions of appendiX B. The en-
glnecr shalt fnc1ude apprqprlatc patent pro-
visions to achIeve th(' purpose of lhts rond!.
tion In aU subcontra('t,s Invoh1ng research,
developmental, experimental, or demonstrll-
Uon work.
t a, COPYRIGHTS .urn RIGH'TS IN DATA
(a) The Mslneer agrees that any plans,
drawings. designs, specifications, computer
44093
programs (which are substantially paid for
with EPA grant funds). technical reports.
operating manuals, and other work .submit.
ted with a step 1 facilities plan or wlth a
step 2 or step 3 grant application or which
are specified to be deUvered under, this
agreement or whIch are developed or pro-
duced and paid for under this agreement
(referrt'd to In this cJause as "Subject
Data") are subject to the rights In the
Unit('d Stairs, as set torth In subpart D 01
40 CJo'lt part 30 and in appendix C to 40
CF'R part 30, In eHeet on the date of execu-
tion, of this agreement. These righls include
the right to use, dupUcate, and disclose such
subject dala, 'In whole or In part.. in any
mann<<'r for any purpose whatsoever, and to
have othl'rs do so. For purposes of thiS
dRum', "granLee" as used In appendiX C
refers to the engineer. If the materla1ls Co-
pyrightable, the engineer may copyright 1t,
M appt'ndlx C pcnnils, subject to the righLs
In the Government in appendiX C, but the
o\\:ner and the Federal Government reserve
a royatty-fr~e, nonexclusive, and irrevocable
liC'cose to reproduce, publish, and use such
materials. In whole or In part, and to autho-
rize othl"r8 to do so. The engIn~er shall in-
clude appropriate provisions to achieve the
purpose 01 this condition in aU subcontracts
expected to produce copyrightable subject
data.
lb) AIl such subject data rumtshed by the
engineer pursuant to this agreement are In.
strumrnts of his services in respect of the
project.. It is understood that the engineer
docs not represent such subject data to be
suitable for reuse on any other project or
for any olher purpose, If .the owner reuses
the subjf'et data without the engIneer's spe. '
('Hie wrIttt'n verification or adaptatton, such
reuse '\I.'ill be at the rIsk of the owner. with-
out linblUty to the engineer. Any such ver-
ifiC'atlon or adaptation wl11 entitle the E'nJrl-
n('{lor to further compensation at rates
agr('cd upon by the OYlner and the engineer.
fEDERAL REGlmr, VOL 43, NO. 188-WEDNESllAY. SEPTEMBER 27. 1918