HomeMy WebLinkAboutResolution - 3541 - Agreement - Edward J. Nichols & Associates Inc - Value Enginering Analysis, WT - 02_14_1991Resolution No. 3541
February 14, 1991
Item #14
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
for Consulting Services to be entered into by and between the City of
Lubbock (as Owner) and Edward J. Nichols & Associates, Inc. (as Consultant),
concerning a value engineering analysis in connection with design of
proposed improvements, wastewater treatment, and disposal facilities of the
City of Lubbock, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
T:
a
y secretary
APPROVED 0 CONTENT:
Y
Wi r D. atson, Senior ater
Utili ies Engineer
APPRO ED1AAS TO FORM:
J./Wortff Fullingim, Assistant
Cy Attorney
14th day of February
� c p
6. C. McMI , MAYOR
1991.
AGREEMENT
FOR
CONSULTING SERVICES
"1
"t --i
�C f
of
THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as
Owner) and Edward J. Nichols & Associates, Inc.; (hereinafter referred to as
Consultant); principal offices at 8109 Hinson Farm Road, Suit 513, Alexandria,
VA 22306:
WITNESSETH:
WHEREAS, Owner intends to perform a value engineering analysis in connection
with design of proposed improvements to its wastewater treatment and disposal
facilities.
WHEREAS, Owner requires certain professional services in connection with the
Project (hereinafter referred to as Services); and,
WHEREAS, Consultant is prepared to provide such Services;
NOW THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be Feb.14, 1991
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall perform the Services described in'Attachment A, Scope of
Services, which is attached hereto and incorporated by reference as part of
this Agreement; and as described in Consultant's proposal dated December 19,
1991, and the Owner's Request for Proposal RFP #11065, all of which are
incorporated by reference as part of the Agreement.
ARTICLE 3 - COMPENSATION
Owner shall pay Consultant in accordance with Attachment B, Compensation,
which is attached hereto and incorporated by reference as part of this
Agreement.
ARTICLE 4 - STANDARD OF CARE
Consultant shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional
consulting firm under similar circumstances and Consultant shall, at no cost
to Owner, re -perform services which fail to satisfy the foregoing standard of
care.
ARTICLE 5 - LIABILITY AND INDEMNIFICATION
Indemnification. Consultant agrees to defend, indemnify, and hold Owner whole
and harmless against all claims for damages, costs, and expenses of persons or
property that may solely arise out of, or be occasioned by, or from any
negligent act, error, or omission of Consultant, or any agent, servant, or
employee of Consultant in the execution or performance of this Agreement.
ARTICLE 6 - INDEPENDENT CONTRACTOR
Consultant undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of its own performance and
that of its subcontractors, agents and employees. Owner shall have no right
to supervise the methods used, but Owner shall have the right to observe such
performance. Consultant shall work closely with owner in performing Services
under this Agreement.
ARTICLE 7 - COMPLIANCE WITH LAWS
In performance of the Services, Consultant will comply with applicable
regulatory requirements including federal, state, and local laws, rules,
regulations, orders, codes, criteria and standards. Consultant shall possess
the licenses necessary to allow Consultant to perform the Consulting Services.
ARTICLE 8 - INSURANCE
Prior to the time Consultant is entitled to commence any part of the services
under this Agreement, Consultant shall procure, pay for, and maintain the
following insurance written by companies licensed in the State of Texas or
meeting surplus lines requirements of Texas law and acceptable to Owner. The
insurance shall be evidence by delivery to Owner of (1) certificate of
insurance, executed by the insurer, listing coverage and limits, expiration
date and term of policy, and certifying that the insurer is licensed to do
business in Texas or meets the surplus lines requirements of Texas law, or (2)
a certified copy of each policy, including all endorsements. The insurance
requirements shall remain in effect throughout the term of this Agreement.
A. Comprehensive General Liability Insurance
The Consultant shall have Comprehensive General Liability Insurance
with limits of $300,000 Bodily Injury and $300,000 Property Damage
per occurrence to include:
Premises and Operations
Products and Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The Owner is to be named as an additional insured on this policy
for this specific job, and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
B. Comprehensive Automobile Liability Insurance
The Consultant shall have Comprehensive Automobile Liability
Insurance with limits of not less than:
Bodily Injury $250/$500,000
Property Damage $100,000
to include all owned and non -owned cars including
Employers Non -ownership Liability
Hired and Non -owned vehicles
The Owner is to be named as an additional insured on this policy
for this specific job and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
C. Worker's Compensation and Employer's Liability Insurance as
required by the State statute covering all employees whether
employed by the Consultant or any Subcontractor on the job
with Employer's Liability of at least $100,000 limit.
Consultant shall furnish owner certificates of insurance which shall include a
provision that such insurance shall not be cancelled without at least thirty
days written notice to owner.
ARTICLE 9 - OWNER'S RESPONSIBILITIES
Owner shall be responsible for all matters described in Attachment C, Owner's
Responsibilities, which is attached hereto and incorporated by reference as
part of this Agreement.
ARTICLE 10 - AMENDMENT, TERMINATION, AND STOP ORDERS
This Agreement may be altered or amended only by mutual written consent and
may be terminated by the Owner at any time by written notice to the
Consultant. Upon receipt of such notice, the Consultant shall, unless the
notice directs otherwise, immediately discontinue all work in connection with
the performance of this Agreement and shall proceed to cancel promptly all
existing orders insofar as such orders are chargeable to this Agreement. The
Consultant shall submit a statement showing in detail the work performed under
this Agreement to the date of termination. The Owner shall then pay the
Consultant promptly that proportion of the prescribed fee which applies to the
work actually performed under this Agreement, less all payments that have been
previously made. Thereupon, copies of all completed work accomplished under
this Agreement shall be delivered to the Owner.
The Owner may issue a Stop Work Order to the Consultant at any time. Upon
receipt of such order, the Consultant is to discontinue all work under this
Agreement and cancel all orders pursuant to the Contract, unless the order
otherwise directs. If the Owner does not issue a Restart Order within 60 days
after receipt by the Consultant of the Stop Work Order, the Consultant shall
regard this Agreement terminated in accordance with the foregoing provisions.
ARTICLE 11 - COMPLIANCE WITH RULES OF TEXAS WATER DEVELOPMENT BOARD
The value engineering services to be performed by Consultant are a requirement
of the Texas Water Development Board (TWDB) for the Owner's procurement of
funds for the construction of improvements to Owner's wastewater treatment
facilities. Consultant and Consultant's subcontractors are expected to be
familiar with and insure compliance with all TWDB Rules in performing the
services of this Agreement.
ARTICLE 12 - NONDISCLOSURE OF PROPRIETARY INFORMATION
Consultant shall consider all information provided by Owner to be proprietary
unless such information is available from public sources. Consultant shall
not publish or disclose proprietary information for any purpose other than the
performance of the Services without the prior written authorization of Owner
or in response to legal process.
ARTICLE 13 - NOTICE
Any notice, demand, or request required by or made pursuant to this Agreement
shall be deemed properly made if personally delivered in writing or deposited
in the United State mail, postage prepaid, to the address specified below.
To Consultant: Edward J. Nichols & Associates, Inc.
8109 Hinson Farm Road
Suite 513
Alexandria, VA 22306
ATTN: Dag J. Hellandsjo
To Owner: City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
ATTN: Dan A. Hawkins
Director of Water Utilities
Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representative of Consultant
and Owner.
ARTICLE 14 - UNCONTROLLABLE FORCES
Neither Owner nor Consultant shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
uncontrollable forces the effect of which, by the exercise of reasonable
diligence, the nonperforming party could not avoid. The term "uncontrollable
forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is
beyond the control of the nonperforming party. It includes, but is not
limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot,
civil disturbance, sabotage, inability to procure permits, licenses, or
authorizations from any state, local, or federal agency or person for any of
the supplies, materials, accesses, or services required to be provided by
either Owner or Consultant under this Agreement, strikes, work slowdowns or
other labor disturbances, and judicial restraint.
Neither party shall, however, be excused from performance if nonperformance is
due to uncontrollable forces which are removable or remediable and which the
nonperforming party could have, with the exercise of reasonable diligence,
removed or remedied with reasonable dispatch. The provisions of this Article
shall not be interpreted or construedto require Consultant or Owner to
prevent, settle, or otherwise avoid a strike, work slowdown, or other labor
action. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable
forces preventing continued performance of the obligations of this Agreement.
ARTICLE 15 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas. Any suit
brought to enforce any provision of this Agreement or for construction of any
provision thereof shall be brought in Lubbock County.
ARTICLE 16 - MISCELLANEOUS
16.1 Nonwaiver. A waiver by either Owner or Consultant of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver is in
writing. In the event of a written waiver, such a waiver shall not affect the
waiving party's rights with respect to any other or further breach.
16.2 Severability. The invalidity, illegality, or unenforceability of any
provision of this Agreement, or the occurrence of any event rendering any
portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement.
Any void provision shall be deemed severed from the Agreement and the balance
of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken
provision.
The provisions of this section shall not prevent the entire Agreement from
being void should a provision which is of the essence of the agreement be
determined to be void.
ARTICLE 17 - INTEGRATION AND MODIFICATION
This Agreement represents the entire and integrated agreement between the
Parties and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement may be amended only by a written
instrument signed by each of the Parties.
ARTICLE 18 - SUCCESSORS AND ASSIGNS
Owner and Consultant each binds itself and its directors, officers, partners,
successors, executors, administrators, assigns and legal representatives to
the other party to this Agreement and to the partners, successors, executors,
administrators, assigns, and legal representatives of such other party, in
respect to all covenants, agreements, and obligations of this Agreement.
ARTICLE 19 - ASSIGNMENT
Neither Owner nor Consultant shall assign, sublet, or transfer any rights
under or interest in (including, but without limitation, monies that may
become due or monies that are due) this Agreement without the written consent
of the other, except to the extent that the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing contained in
this paragraph shall prevent Consultant from employing such independent
consultants, associates, and subcontractors as he may deem appropriate to
assist him in the performance of the Services hereunder.
ARTICLE 20 - SUBCONTRACTORS
No work herein called for by the Consultant shall be subcontracted to a
subcontractor who is not acceptable to the owner or assigned without prior
written approval of the Owner. The Consultant shall require subcontracts to
conform to the applicable terms of this Contract and include provisions which
require subcontractor compliance with Owner's and Texas Water Development
Board's Rules.
ARTICLE 21 - THIRD PARTY RIGHTS
Nothing herein shall be construed to give any rights or benefits to anyone
other than Owner and Consultant.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF LUBBOCK, TEXAS
B. C. McMinn, Mayor
At
. Rane to oy
Cit Secretary
J.
EDWARD . NICH LS & ASSOCIATES INC.
By: Lj
Title: �il,vb-x
APPROVED AS TO CONTENT:
D n A. Hawkins, P.E.
Di ector Water Utilities
APPROVED AS TO FORM:
10
wk
Worth Fullingim
Assistant City Attorney
ATTACHMENT A
TO
AGREEMENT FOR CONSULTING SERVICES
OWNER: City of Lubbock, Texas
PROJECT: Consulting services required to perform a value
engineering analysis in connection with design of
proposed improvements to its wastewater treatment
and disposal facilities.
SCOPE OF WORK:
The purpose of this project is to provide the owner with consulting services
required to perform a value engineering analysis in connection with design of
proposed improvements to its wastewater treatment and disposal facilities.
The following facilities are to be included in the work and form the basis for
establishing the scope of the value engineering analysis. The facilities shall
consist of four (4) separate contracts.
DESCRIPTION:
Contract 1 Pipeline to Irrigation Terminal Storage Reservoir
(approximately 1.5 mile)
Contract 2 New Advanced Wastewater Treatment Plant, Outfall
Dechlorination and Aeration, and Administration Building
Contract 3 Headworks, Solids Handling and Outfall Pipeline to
below Lake Ransom Canyon (approximately 6 miles)
Contract 4 Rehabilitation of existing Plants 2 and 3, and
existing Laboratory Building
The plans and specifications are being prepared by the engineering firm of Black and
Veatch, 5728 LBJ Freeway, Suite 300, Dallas, Texas 75240.
The value engineering analysis will consist of one review workshop for CONTRACT 1
at 75% complete. The value engineering review workshop for CONTRACTS 2 and 3 will
be conducted at the same time and will be held in two phases. Phase 1 will be
conducted at 25% complete and Phase II will be conducted at 85% complete. It may
be possible to hold the workshops for CONTRACT 1 and the Phase 1 review for
CONTRACTS 2 and 3 at the same time. The review and workshop for CONTRACT 4 will
be conducted in two phases: Phase I at 25% and Phase II at 85% complete. Schedule
for the reviews is as follows:
A-1
CONTRACT
ITEM DESCRIPTION
DATE
250 75% 85%
CONTRACT 1
Pipeline to Irrigation
N.A. Feb/1991
Terminal Storage Reservoir
(approximately 1.5 miles)
CONTRACT 2
New Wastewater Treatment
Feb. 1991 July 1991
Plant, Outfall
Dechlorination and'Aeration,
and Administration Building
CONTRACT 3
Headworks, Solid Handling,
Feb. 1991 July 1991
and Outfall Pipeline to
below Lake Ransom Canyon
(approximately 6 miles)
CONTRACT 4
Rehabilitation of existing
Feb. 1992 July 1992
Plants 2 and 3, and existing
Laboratory Building
A-2
ATTACHMENT B
TO
AGREEMENT FOR CONSULTING SERVICES
OWNER: City of Lubbock, Texas
PROJECT: Consulting Services required to perform a value
engineering analysis in connection with the design
of proposed improvements to its Wastewater Treatment
and Disposal Facilities.
COMPENSATION
For the services covered by this contract, the Owner agrees to pay the
Consultant as follows:
A. For project management meetings, coordination, and the consulting
and technical services as described in Attachment A, and as
further described in Consultant's proposal dated December 19,
1991, plus subcontract personnel services at cost to Consultant.
The maximum billed for these Consultant's personnel services shall
not exceed (without further written authorization):
Study #1 - 41,164
Study #2 - 31,374
Study #3 - 33,275
Study #4 - 23,187
Consultants and subcontractors reimbursable expenses shall be
billed at cost.
B. For supplemental services, an hourly fee for Consultants'
personnel plus reimbursable expenses and subcontract billing at
cost to Consultant. Each item of supplemental services shall be
established before the work is started. The amount billed for
each item of supplemental services shall not exceed the amount
established for it without further authorization. Additional
amounts for supplemental services may be authorized, if necessary,
as the work progresses.
C. The following expenses are reimbursable:
1. Travel, subsistence, and incidental costs.
2. Use of motor vehicles on a monthly rental basis for assigned
vehicles and on a current mileage basis or rental cost basis
for vehicles used for short periods.
3. Long distance telephone costs and project "on site" telephone
costs.
am
4. Reproduction of reports, drawings, and specifications.
5. Postage and shipping charges for project -related materials.
6. Computer time charges including program use charges.
7. Rental charges for use of equipment.
8. Cost of acquiring any other materials or services
specifically for and applicable to only this project.
9. Charges of special consultants requested or authorized by the
owner.
10. Special insurance coverage required by Owner, including the
cost of naming the Owner as an additional insured.
11. Charges for review of drawings and specifications by
government agencies, if any.
12. Cost of acquiring any other materials, or service
specifically for and applicable to only this project.
D. The Consultant agrees to use its best efforts to perform the
services as defined in Attachment A within the billing limits
stated above.
E. Monthly payments shall be made to the Consultant by the Owner
based on the Consultant's statement. For hourly fee items, the
statement shall be itemized to indicate the amount of work
performed and the associated reimbursable expenses and subcontract
costs.
F. The uncontested amount of each statement shall be due and payable
upon receipt by the Owner. Carrying charges of 1-1/2 percent per
month from the billing date, shall be due for accounts which are
not paid within 60 days after the billing date.
G. It is understood and agreed that the maximum billings of each of
the above items are based on the start of the services being
authorized not later than March 1, 1991. If start of services is
not authorized by date given, it is understood and agreed that the
upper billing limit will be adjusted accordingly by a supplement
to this Agreement.
H. That the Consultant shall start the performance of the services
within ten days of receipt of notice to proceed.
I. That the Consultant shall keep records on the basis of generally
accepted accounting practice of costs and expenses and which
records shall be available to inspection at reasonable times.
is �
Form Approved
OMB No. 158-RO14
PART III -PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
MARKET
PROPOSED
(Indicate basis for price comparison)
PRICE(S)
PRICE
�y
r spy 0:
:3v
G
yid
a
,z,>; �„�. r...• .,h:y,;�. a�.. :.����. „:may s&�:: r ,.'gym; :-. `"��)'�::
°s:�-+a, `'�. ,,".� r� �
$
PART IV -CERTIFICATIONS
14. CONTRACTOR
14a. 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?
YES G NO (11 "Yee" give name address and telephone number of reviewing office)
Defense Contract Audit Agency
Mid -Atlantic Region Kevin B. Axenfeld
Hoffman Bldg. 2, 200 Stovall Street (202) 325-9320
Alexandria, VA 22332-1600
14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Federal Procurement Regulation, Title 41, Part 1 - 5
14c.
This proposal is submitted for use in connection with and in response to (1)
. 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) and that a financial management capability exists to fully and accu-
ratelyaccount forthe 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) January 28, 1991
DATE OF EXECUTION SI URE OF PROPOSER
President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for subagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (1f applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700-41 (2-76) PAGE 2 OF 5
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved
(See accompanying instructions before completing this forn;) 0,11B No. 158-RO144
PARTI-GENERAL
1. GRANTEE
2. GRANT NUMBER
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
EDWARD J. NICHOLS AND ASSOCIATES INCORPORATED
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
6. TYPE OF SERVICE TO BE FURNISHED
8109 Hinson Farm Road, Suite 513
5-day Value Engineering Study on the
Alexandria, Virainia 22306
Lubbock, TX Wastewater Treatment and
Disposal Facilities (VE Study # 1)
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI-
MATED
HOURLY
ESTIMATED
TOTALS
HOURS
RATE
COST
ProjectCVS Engineer
s
M
T i d
V
f
M^v: 2 3y�ryR
-�
DIRECT LABOR TOTAL
x
$ 3-593
S. INDIRECT COSTS (Specify indirect coat pools)
RATE
x BASE
ESTIMATED
COSTy
indirect os is 145,3
s S 221
of direct labor
INDIRECT COSTS TOTAL
-Fr
'..
S
9. OTHER DIRECT COSTS
a. TRAVEL Team Leader
E cosTTED
1) TRANSPORTATION RT. Wash/Dallas/Lubbock & Ground Transp.
$ P24-.*x
«-
(2) PER DIEM 75/dky x 5 days 1 Auto @ $40/dav x 5 da s...........`''
TRAVEL SUBTOTALi
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATEDCOST
Telephone, materials shipping,
$
S.
y
reproduction, etc. See Attachment AL__
X°
wm ;
EQUIPMENT SUBTOTAL:
.;
ESTIMATED�';;as'�w�.
c. SUBCONTRACTS
COST
6 Consultants x 44 hrs. x $ 32.11 hr. + 130 OH
S19 497�
k
5 x'�x„ Fr
Subsistence: 75/day x 5 days x 6 Consultants
Travel: 717 x 6 Consultants
2.250
4,302
SUBCONTRACTS SUBTOTAL
$2,����'
ESCOSTTED
.eewx:�
Q
d. OTHER (Specify categories)
,a�
OTHER SUBTOTAL:;.. , k:?s . s ,
Ste.
e. OTHER DIRECT COSTS TOTAL: s y
Nl
x hs ��w . :.
$ 28 ,608
to. TOTAL ESTIMATED COST
S 37,422
1I. PROFIT
3,,742
12- TOTAL PRICE
41,164
EPA Form 5700.41 (2.76) PAGE 1 OF
Form Aaproved
O.WR No. 158-ROI
PART III -PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
MARKET
PROPOSED
(Indicate basis for price comparison)
PRICE(S)
PRICE
F&
b
s; .c, &.w>k vy F yl.�? t^t`3� .F,d'*. a+a`t,,°z,.eria�C
,r w+r;z�:k
PART IV -CERTIFICATIONS
14. CONTRACTOR
14a. 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'
YES G NO (If "Yes" give name address and telephone nsmlber of reviewing office)
Defense Contract Audit Agency
Mid -Atlantic Region Kevin B. Axenfeld
Hoffman Bldg. 2, 200 Stovall Street (202) 325-9320
Alexandria, VA 22332-1600
14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Federal Procurement Regulation, Title 41, Part 1 - 5
1 ac.
This proposal is submitted for use in connection with and in response to (1)
. 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) 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) January 28, 1991
DATE OF EXECUTION SI UR£ OF PROPOSER
President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for subagreement award.
DATE OF EXECUTION - SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (If applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700-41 (2-76) PAGE 2 OF
COST OR PRICE SUMMARY FORMAT FOR SUBAG.REEMENTS UNDER U.S. EPA GRANTS
Form Approved
(See accompanying instructions before completing this fora)
0111E .No. 158-RO144
PARTI-GENERAL
I.GRANTEE
2. GRANT NUMBER
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
EDWARD J. NICHOLS AND ASSOCIATES INCORPORATED
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
6. TYPE OF SERVICE TO BE FURNISHED
8109 Hinson Farm Road, Suite 513
5-day Value Engineering Study on the
Alexandria, Virainia 22306
Lubbock, TX Wastewater Treatment and
Disposal Facilities (VE Study # 2)
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI-
HOURLY
ESTIMATED
TOTALS
MMATED
OUES
RATE
COST
LVS Project Engineer
80
s 33.47
$ 2,678
`
Editin Proofing, QC
60
11.59
695�5
ypist,.. ,
�t
Admin., Com uter Technician
12
18.30
220
DIRECT LABOR TOTAL:
S 3u 593
S. INDIRECT COSTS (Specify indirect cost pool&
RATE
x BASE =
ESTIMATED
COST
y
4
indirect os is 145.3 %
1.45
s 3,593
s 5,221
of direct labor
4 44
INDIRECT COSTS TOTAL r3
>.v
S 5 221
9. OTHER DIRECT COSTS
x'
a. TRAVEL Team Leader
E
COSTTED�:
.�
(1.) TRANSPORTATIONRT Wash/Dallas/Lubbock & Ground Trans .
824�
(z) PER OtEM ay x 5 days + 1 Auto @ 40/day x 5 d ss
575
TRAVEL SUBTOTAL;
S 1,399
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
OTY
COST
ESTIMATED
COST
,'n
"
Telephone, materials, shipping,
$
S 943
reproduction, etc. See Attachment A
33.<"
.{.f •f 3✓�teTr r� f S1.
";s
EQUIPMENT SUBTOTAL:n .s
943
E
c. SUBCONTRACTS
COSTTED��
a x w
Iltantsx 44 -hrs..x $32.11 hr. +. 130 OH
$12 998
Subsistence: 75 da x 5 da s x 4 Consultants
Travel: 717 x 4 Consultants
1
s x
x
�maA
SUBCONTRACTS SUBTOTAL
s17
d. OTHER (Specify categories)
ESTIMATED;^Y�.
COST
S
OTHER SUBTOTAL
e. OTHER DIRECT COSTS TOTAL x'��rx ,•" s.r
S 19,708
S 28.522
10. TOTAL ESTIMATED COST
11. PROFIT
2.852
12. TOTAL PRICE
31,374
EPA Form 5700-41 (2-76) PAGE 1 of
Form Approved
O.'YtR No. 158-RO144
PART III -PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
MARKET
PROPOSED
(Indicate basis for price comparison)
PRICE(S)
PRICE
n �
u'
r'
5,
'.a
t
��MM� �y
�' 0 d"a dtR �`` i 4;%/ Q ,:.. l'i i'�.`jMn " ., s'�'i,
.. ..::n .-... :. .. ... ...
'�' S S..,:
.. ..,:.i: ..:. .....:.. .:. .:.
5
PART IV -CERTIFICATIONS
14. CONTRACTOR
14a. 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?
(:m YES r—I No (lI "Yee" give name address and telephone number of reviewing office)
Defense Contract Audit Agency
Mid -Atlantic Region Kevin B. Axenfeld
Hoffman Bldg. 2, 200 Stovall Street (202) 325-9320
Alexandria, VA 22332-1600
14D.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Federal Procurement Regulation, Title 41, Part 1 - 5
14c.
This proposal is submitted for use in connection with and in response to (1)
. 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
M and that a financial management capability exists to fully and accu-
rately account for the financial transactions under this project. I further certify that 1 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) January 28, 1.991
DATE OF EXECUTION SI URI- OF PROPOSER
President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for subagreement award.
DATE OF EXECUTION SIGNATURES OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (rt applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700-41 (2-76) PAGE 2 OF
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Form Approved
(See accompanying instructions before completing this fora)
011E No. I58-RO14.1
PARTI-GENERAL
I. GRANTEE
2. GRANT NUMBER
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
EDWARD J. NICHOLS AND ASSOCIATES INCORPORATED
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
6. TYPE OF SERVICE TO BE FURNISHED
8109 Hinson Farm Road, Suite 513
5-day Value Engineering Study on the
Alexandria, Virainia 22306
Lubbock, TX Wastewater Treatment and
Disposal Facilities (VE Study # 3)
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI-
MATED
HOURLY
ESTIMATED
TOTALS
HOURS
RATE
COST
Project Engineer
a 35.14
$�
Tnist,Uitinq0C
60
12.17
730
dm'n. o
2.
DIRECT LABOR TOTAL: i,.fir;
i.,Q;�
$ -4.772
E. INDIRECT COSTS (Specify indirect cost pools)
RATE
x BASE =
ESTIMATED
COST�1����..
Indirect os is 145.3
1. 453
s 2. 772say
E�
of direct labor
INDIRECT COSTS TOTAL:
9. OTHER DIRECT COSTS�fm�};
r
a.TRAVEL Team Leader
ESTIMATED
COST
f
r k
4a�
���
i) TRANSPORTATION R Wash/Dallas/Lubbock & Ground Transp.
$ 906
(2) PER DIEM 83/day x 5 days {' Auto@
$44/day
4 5 daX5
S635
i ;
TRAVEL SUBTOTAL:
Em.' '';
S1-541
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST
" K�HT34;a,orr
Telephone, materials shipping,
990
reproduction, etc. See Attachment A^s��.
EQUIPMENT SUBTOTAL:
990
ESTIMATED�k
c. SUBCONTRACTS
COST`
4 Consultants 44 hrs. $ 33.72 hr. + 130 OH
s 13 650�s
x x
sH
.
",z-l'
Wka
Subsistence: 83/day x 5 days x 4 Consultants
1,660
Travel: 789 x 4 Consultants
3 1
SUBCONTRACTS SUBTOTAL:
s 18,466
ESTIMATED
d. OTHER (Specify categories)
COST
° �x
Ys'•:'�pg
s
a,r :i
OTHER SUBTOTAL: L4F,, pia
x x+F
S
e. OTHER DIRECT COSTS TOTAL: a,< :
x „ Y
s 20,997
10. TOTAL ESTIMATED COST
s30,250
it. PROFIT
3,025
12. TOTAL PRICE
33,275
EPA Form 5700-41 (2-76) PAGE 1 of
Form Ap`droved
OMB No. 158-RO144
PART III -PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
(Indicate basis for price comparison)
MARKET
PRICE(S)
PROPOSED
PRICE
z.:
a �
' = ":.<; :..;. �' F ,:. , ,. .. ,:'� ::...:.. �: 'u fit?'?og : . o � rw'•• . , : - :. .'-as�<; ;�: ,
PART IV -CERTIFICATIONS
14. CONTRACTOR
14a. 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?
V ES F—I NO (It "Yes" give name address and telephone nlmlber of reviewing office)
Defense Contract Audit Agency
Mid -Atlantic Region Kevin B. Axenfeld
Hoffman Bldg. 2, 200 Stovall Street (202) 325-9320
Alexandria, VA 22332-1600
14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Federal Procurement Regulation, Title 41, Part 1 - 5
1 ac.
This proposal is submitted for use in connection with and in response to (1)
. 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) 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) February 4, 1991
DATE OF EXECUTION St URE OF PROPOSER
President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for slbagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
' TITLE OF REVIEWER
16. EPA REVIEWER (It applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700-41 (2-76) PAGE 2 OF
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Form Approved
(See accompanying instructions before completing this form)
OMB No. 158-RO144
PARTI-GENERAL
I. GRANTEE
2. GRANT NUMBER
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
4. DATE OF PROPOSAL
EDWARD J. NICHOLS AND ASSOCIATES INCORPORATED
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
6. TYPE OF SERVICE TO BE FURNISHED
8109 Hinson Farm Road, Suite 513
5-day Value Engineering Study on the
Alexandria, Virainia 22306
Lubbock, TX Wastewater Treatment and
Disposal Facilities (VE Study # 4)
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor Categories)
ESTI-
MATED
HOURLY
ESTIMATED
TOTALS
HOURS
RATE
COST
LVS Project Engineer
s 35.14
$.--2,249
Typistst --Editing, Proofi n
2.17
584
Admin., Computer Teghnician
10
19.22
192
DIRECT LABOR TOTAL:,
x BASE _�
ESTIMATED
COST
$ 3.025
S. INDIRECT COSTS (Specify indirect coal pools)
RATE
{a M
indirect Costis 145.3
$
$
F
of direct labor���
INDIRECT COSTS TOTAL:
».
a
$ 4.395
9. OTHER DIRECT COSTS��a�s
4
a.TRAVEL
Team Leader
ESTIMATED'
cosT
'
� k� �� f.;dR'x i,
(I) TRANSPORTATIONRT
�
(2) PER DIEM 83/day x 4 days +
$508
TRAVEL SUBTOTAL:
���.'k� :.
$1-414
fi�f�
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATEDCOST
reproduction, etc. See Attachment A
EQUIPMENT SUBTOTAL:
r4;;
c. SUBCONTRACTS
ESTIMATEDCOST
3 Consultants x 35 hrs. x 33.72 hr. + 130.OH
$
�nr�at
��
Subsistence: 83/day 4 days 3
x x
NA
Travel: 789 x 3 Consultants
SUBCONTRACTS SUBTOTAL: q
$11,506
d. OTHER (Specify categories)
ESTIMATED
COST
-;�-t',, ,�,,:•ay ::`
Is
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL:
$ 13,659
10. TOTAL ESTIMATED COST
$ 21.079
it. PROFIT
$ 2.1
12. TOTAL PRICE
23.1
EPA Form 5700-41 (2-76) PAGE I of
ATTACHMENT C
TO
AGREEMENT FOR CONSULTING SERVICES
Owner: City of Lubbock, Texas
Project: Consulting Services required to Perform a value
engineering analysis in connection with design of proposed
improvements to its Wastewater Treatment and Disposal
Facilities.
OWNER'S RESPONSIBILITIES
The Owner will provide full information regarding their requirements for the
project.
The Owner will provide access to its records and to all available information
concerning the project.
The Owner will designate a Project Manager fully acquainted with the project
who has authority to approve changes in the.project, render decisions
promptly, and furnish information expeditiously.
C-1
���Y��P��B� I L �H�E�� ���T8�E I�����)A�� �RT�P�Ii
PERIOD INDICATED/ NOTWITHSTANDING ANY REQUIREMENT/ TERM OR CONDITIUN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN/ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS/ EXCLUSIONS/ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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