|
or data not current as certified !n hIs certifi-
<br />eatlon of current cost or pricing dots (EPA
<br />,{ form 5700-~1), then such 9rice. cost, or
<br />profit ahaII be reduced accordingly and Lhe
<br />agreement shall be modified !n writing to
<br />renter such reduction.
<br />lb) Failure to agree on a reduction shall
<br />be subject to the remedies clause of this
<br />agreemeIIt.
<br />(Note.-Stlaloe the aOr+eemenl !s sutrjcet to
<br />mtvctierw sswder U1ls clause Dy reason of de-
<br />lective coal or priclnp data submitted in
<br />con»eetlow soitll certain subcontracts, flit
<br />enylrater snag misty to include a clawe tae
<br />each such sTe~contr~act rrpuirlnp tltt suDcon-
<br />tnactor to epprapriately indemnify list eny!-
<br />neer. It L aLo upeeted t11a1 any +uDconlrao-
<br />for sub}eet to such indemnification mill pen.
<br />trallY repulse rubs[nntially similar irldtntn!-
<br />J'icatiolt for defective coat or priclnp data rt-
<br />puined to t-e submitted Dy his tourer tier +ub•
<br />contnzrelora,)
<br />ar. svaoolrraACTs
<br />(a) An7 svbcontrsctots and outside asso-
<br />dates or consultants reyulred by the engl-
<br />neer >n eotlneet{on with services under this
<br />agreement TYIlI be limited to such lndlvld-
<br />uala or titters as were apeciflcally identified
<br />and agreed to during negotiatlona, or as the
<br />owner specifkally authorizes during the
<br />performance of this agreement. The owner
<br />must dive prior approval for any subatltu-
<br />tlons In or additions to such subcontractors,
<br />associates, err oonsultanu.
<br />(b) The engineer may not subcontract aer-
<br />vices in excess of thirty (30) percent (or
<br />percent, tf the owner and the enid-
<br />neer hereby agree) of the contrad, price to
<br />subcontractors or consultants without the
<br />owner's prior written approval.
<br />21_ UDOA BrANDARDa
<br />To Lhe extent that this agreement In-
<br />volves "co2sstrTrdion" (as defined by the
<br />Secretary of labor), the engineer agrees
<br />that such eotu:trvction work shall be subject
<br />to the follo~vftlg labor standards provisions.
<br />to Lhe extent applicable:
<br />(a) Davis-Bacon Act (40 D.S.C. 278a-
<br />nea-vr,
<br /><b) Contract Work Hours and Safety
<br />Standards Ad [40 D.S.C. 327-333);
<br />(e) Copeland Ant!-Kickback Act (18 II.S.C.
<br />87!); and
<br />(d) Executive Order 11248 (Equal Emp1oY-
<br />mrnt O•pportnnttyr,
<br />and impl~~Tting rules, regulations, and
<br />relevant ordezs of the Secretary of Labor or
<br />£PA. The enslneer further agrees thst this
<br />agreement shall Include and be subject to
<br />the "labor Standards Provisions for Feder-
<br />ally Assisted Construction Contracts'' (EPA
<br />form 5720-!) 2n effect at the time of execu-
<br />tion of this agreement.
<br />1s. tQVws ts~roYlcuT~ orroxror<Irr
<br />In accordance with 1~A pollcy as ex-
<br />presxd 1n !A CFR 30.420.5, the engineer
<br />agrees that Ise will not dscrimLte against
<br />any employee or applicant for employment
<br />because of race, religion, color, sex, age, or
<br />national orlg'h1_
<br />I i. C?Z'L-tZa2ZAlf Or 31[AIy AlrD 2(T1fpAlTt
<br />sosrrrrss
<br />In sacordarloe with EPA policy as ex-
<br />pr'ersed !t1 40 CFR 35.938-7, the engineer
<br />a.fi?ee: flat-aualllfed anal] business and mt-
<br />mrtty business eaterprlses shall have the
<br />maximum Drateifeable opportunity to par-
<br />~UtES ~~.`~~ :.r~JU.Ytt~iw:
<br />ticlpate !n the Perfon3ance of EPA grant-
<br />assLsted corlt.racta and subcontracts.
<br />]6. COP27f A1R AGAIT Sr COIITINGL]fT' rSlS
<br />The engineer warrants that no person or
<br />selling agency has been employed or re-
<br />tained to sotJcft or secure this contract upon
<br />art agreement or understanding fora com-
<br />mlsslon, percentage, brokerage, or contin-
<br />gent fee, excepting bona fide employees. For
<br />breach or violation of this warranty the
<br />owner shall have the right to annul this
<br />agreement without liability or in !ts dlacre-
<br />tlon to deduct from the eontsact price or
<br />consideration, or otherwise recover, the full
<br />amount of such commission, percentage,
<br />brokerage, or contingent fee.
<br />1 e. cAAT•orriza
<br />(a) If it ig found, after notice and hearing,
<br />by the owner that the engineer, or any of
<br />the engineer's agents or representatives, of-
<br />fered or gave gratuities (!n the form of en-
<br />tertainment, guts, or otherwise), to any of11•
<br />ciai, employee, or agent of the caner, of the
<br />State, or of EPA in an attempt to secure a
<br />contract or favorable treatment >n aa~ard-
<br />ing, amending, or making any dettrmina-
<br />tions related to the performance of this
<br />agreement, the oaz~er may, by written
<br />notice to the engineer, terminate the right
<br />of the engineer to proceed under this agree-
<br />ment. The owner may also pursue other
<br />rights -and remedies that the law err this
<br />agreement provides. However, the existence
<br />of the facts upon whkh the owner bases
<br />such flndlrlgs shall be in issue and may be
<br />reviewed in proceedings under the remedies
<br />clalue of this agreement.
<br />(b) In the event this agreement is termi-
<br />nated as provided in paragraph (a) hereof,
<br />the owner shall be entitled: (1) To pursue
<br />the same remedies against the engineer as It
<br />could pursue In the event of a breach of the
<br />contract by Lhe engineer, and (2) as a penal-
<br />CY, in addition to any other damages to
<br />which it may be entitled by law, to exempla-
<br />ry damages in an amount (as determined by
<br />the owner) which shall be not less than 3
<br />nor morn than 10 times the casts the er-gi-
<br />txxr incurs to providing anp such gratuities
<br />to any such officer or employee.
<br />1 T. PASxx2'S
<br />11 this agreement involves research, devel-
<br />opmental, experimental, or demonstration
<br />work and any discovery or Invention arises
<br />or is developed !n the course of or under
<br />this agreement, such invention or discovery
<br />shall be subject to the reporting and rights
<br />provisions of subpart D of 40 CFR part 30,
<br />in effect on the dale of execution of this
<br />agreement, including appendix H of part 30.
<br />In such case, the engineer shall report the
<br />discovery or lnvent.ion Lo EPA directly or
<br />through Lhe owner, and shall otherwise
<br />comply with the owner's responsibtlltles in
<br />acrnrdance with subpart D of 40 CFR part
<br />30. The engineer agrees that the disposition
<br />of rights to inventions made under this
<br />agreement shall be in accordance with the
<br />terms and conditions of appendix B. The en-
<br />gineer shall include appropriate patent pro-
<br />visions to achieve the purpose o1 this condi-
<br />tion in all subcontracts involving research,
<br />developmental, experimental, or demonstra-
<br />L1on work-
<br />1 t. COPYRIGR23 AXD AIGRTS I1Q DA2A
<br />(i) The engineer agrees that say plans,
<br />drawings, designs, specifications, computer
<br />. -..,..~ rt- , ~ ,~, 2-~ . ,~ .. _... _....~ _ ..._
<br />Programs (which are substantially paid for
<br />ayth EPA grant fun3.), technical reports,
<br />operating manuals, and other work submit-
<br />ted a-ith a step 1 facflitles plan or with a
<br />step 2 or step 3 grant application or which
<br />are specilled to be dtllvered under this
<br />agreement or which are developed or pro-
<br />duced and paid for under .this agreement
<br />(referied Lo in this clause as "Subject
<br />Data^) are subject to the rights !n the
<br />United States, as set forth in subpart D of
<br />40 CFR part 30 and !n appendix C to 40
<br />CFR part 30, in effect on the date of execu-
<br />tion of Lhls agreement. These rights include
<br />the right to use, duplicate, and disclose such
<br />subject dnta, to whole or to part, In any
<br />manner for any purpose whatsoever, and to
<br />• have others do so. For purposes of this
<br />clause, "grantee'' as used in appendix C
<br />refers to the engineer. If the material is co-
<br />DYrightable, the engineer may copyright tt,
<br />as appendix C permits, subject Lo Lhe rights
<br />in Lhe Government in appendix C, but the
<br />owner and Lhe Federal Government reserve
<br />a toyaity-free, nonexclusive, and irrevocable
<br />license to reproduce, publish, and use such
<br />materiels, Tn whole or ire part, and Lo autho-
<br />size others to do so. The engineer shall in-
<br />clude appropriate provkions to achieve the
<br />purpose of this condition in all subcontracts
<br />expected to produce copyrightable subject _
<br />data.
<br />(b) All such subject data furnished by the
<br />engineer pursuant to this agreement are in-
<br />struments of his services in respect of the
<br />project. It is understood that the engineer
<br />does not represent such subject data to be
<br />suitable for reuse on any other project or
<br />for any other purpose. If the owner reuses
<br />the subject data without the engineer's spe-
<br />cific written veriflration or adaptation, such
<br />reuse will be at the risk of the oancr, with-
<br />out liability to the engineer. Any such ver-
<br />ification or adaptation will entitle the engi-
<br />neer to further compensation at rates
<br />agreed upon by the owner and the engineer.
<br />Arrtxarz C-2-RrgtrrRr.D PROVISIONS-
<br />COPtSTRIICiIOH COxrRtCTS
<br />SIIPPLL]GL2rTAL Gilt E:RAL CONDI7IOx5
<br />1. General.
<br />2. Changes.
<br />3. Differing Slte Conditions.
<br />4. Suspension of Work.
<br />5. Termination for Default; Damages for
<br />Delay; Time Extensions.
<br />8. Termination for Convenience.
<br />7. Remedies.
<br />8. Labor Standards.
<br />9. U'tilizstlon of Small or Minority Busi-
<br />ness. -
<br />10. Audit; Access to Records.
<br />11. Price Reduction for Defective Cost or
<br />Pricing Data
<br />12. Covenant Against Contingent Fees.
<br />13. Gratuities.
<br />14. Patents.
<br />15. Copyrights and Rights to Data.
<br />16. Prohibition Against Listed Violating
<br />Facilities.
<br />17. Buy American
<br />1. ccxz~-r.
<br />(a) The owner and t~1e contractor agree
<br />that the following supplemental general
<br />provisions apply to the work to be per-
<br />formed under this contract and that these
<br />provisions supersede any conflicting provi•
<br />lions of this contract.
<br />(b) This contract !s funded !n part by a
<br />grant from the 17.5. Environmental Protec-
<br />FEDERAL REGISTER, VOL q, ii0. lbg--WED!(ESDAY, SEt'TEM6ER 27, 197!
<br />
|