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R-2000-098 HDR ENGINEERING AGREEMENT NO. 4
A RESOLUTION RESOLUTION NO. R-2000- 9 8 authorizing the 1, City Manager and City Clerk of the City of Yakima to execute Agreement Amendment #4 for professional engineering services between the City of Yakima, a municipal corporation, and HDR Engineering, Inc., WHEREAS; the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City has completed the process of competitively selecting professional engineering services solely by virtue of qualifications in compliance with applicable State requirements for acquisition of professional services; and WHEREAS, HDR Engineering, Inc. has been previously selected to provide professional wastewater engineering services in response to continuing environmental mandates, community growth, replacement needs, and operational efficiencies; and WHEREAS, the City and HDR {Engineering have entered into a contractual relationship via City contract #93-115 and authorized by Council Resolution R-93-146; and WHEREAS, the City and the I; Engineer anticipated contract amendments to define and authorize additional necessary services; and WHEREAS, the City sees the requirement for Engineering services related to existing litigation, food processing wastewater, and the rehabilitation of Aeration Basin #4. and WHEREAS, an agreement with HDR Engineering, Inc. to provide these services to the City of Yakima is in the best interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized to execute the attached and incorporated Contract Amendment #4 for professional wastewater engineering services with HDR Engineering, Inc. with the City of Yakima. ADOPTED BY THE CITY COUNCIL this ATTEST: , - - ,Q City Clerk 15th day of August, 2000 AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THE AGREEMENT dated December 23, 1993 as last amended October 14, 1998 by and between the CITY, City of Yakima,Washington and the ENGINEER, HDR Engineering, INC., is hereby amended as set forth herein. WITNESSETH: WHEREAS, the CITY and the ENGINEER have entered into a contract for professional services related to upgrading the City's existing wastewater treatment facility, herein referred to as the "Project": and WHEREAS, the CITY and ENGINEER have agreed on the Scope of Work for the Wastewater Facilities Plan update which represents extra service; and WHEREAS, the CITY has agreed to have the ENGINEER provide the extra services as described in this Amendment No. 4, WHEREAS, the agreement contains provisions in Section 2, for the CITY to authorize extra work in connection with this Project; NOW THEREFORE, in consideration of the terms, conditions and covenants of performance contained or incorporated herein, the CITY and the ENGINEER agree that the Agreement shall be amended as follows: I. EXHIBIT A —. SCOPE OF WORK A. Paragraph 1.2.6 — Wastewater Plan Update 1. Add paragraph 20. and 21. to the list of specific activities to be performed in the preparation of the Wastewater Facilities Plan update which read: Yakima Contract Amendment No. 4 1 June 16, 2000 "20. Incorporate the final Technical Memoranda `Biosolids Alternatives" and "Odor Control Alternatives", prepared under a separate contract with Preston Gates & Ellis LLP into the Wastewater Facilities Plan update as directed by the CITY. Review and comment on the AKART Analysis — Yakima Del Monte as prepared by City's food processing wastewater consultant. Perform cost analysis of the impacts the options presented in the AKART Analysis would have on the Yakima Regional Wastewater Treatment Facility. 21. Provide additional printings of draft Wastewater Facilities Plan update (total 5 printings with 1 remaining as of the date of this Amendment) with one FINAL printing (20 copies)." B. Add paragraph 1.2.9 which reads: "1.2.9. AKART Analysis. Perform a mass balance analysis of the effects of adding the extra load of the options presented in the AKART Analysis on the existing wastewater treatment facility. Three different loadin_ or influent scenarios will be analyzed. Numerical model will analyze the Trickling Filter, Aeration Basins, Final Clarifiers and the solids handling systems to determine the feasibility of treating the food processing wastewater on an interim basis." C. Paragraph 1.4 — Design Phase - Construction Documents Add paragraph 1.4.1.3.9 which reads as follows: "1.4.1.3.9. Prepare plans and specifications for the repair of the floor cracks in Aeration Basin No. 4 as recommended in the draft Wastewater Facility Plan update. Attachment A is a preliminary Drawing and Specification listing for the project" Yakima Contract Amendment No 4 June 16. 2000 D. Paragraph 1.5 Bidding Phase — Prebid Services 1. Add the "• Aeration Basin No. 4 Repair" to the list of projects. E. Paragraph 1.6 Construction Phase — Services During Construction N 1. Add paragraph 1.6.2 which reads: "1.6.2. Construction'',Services for Aeration Basin No. 4 Repair. Engineer will make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. During such visits and on the basis of ENGINEER 's on-site observations as an experienced and qualified design professional, ENGINEER will keep CITY informed of the progress of the work, will endeavor to alert the CITY to defects and deficiencies in the work of the Contractor, and may disapprove or reject work as failing to conform to the Contract Documents. These services shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field and community as ENGINEER." F. Section 3 —PERIODS OF SERVICE 1. Add 3.10. which reads: "3.10. Periods of service for this amendment: • Incorporation of Technical Memoranda , "Biosolids Alternatives" and "Odor Control Alternatives" shall end upon final acceptance of Wastewater Facility Plan update. • "Food Processing Analysis" draft technical memorandum will be provided within 30 days after written notice to proceed , and final technical memorandum will be completed within 14 days after receipt of comments on draft. • Design of Aeration Basin No. 4 will be completed within 30 days of* written notice to proceed for review comments by the City. Bid documents will be completed within 14 days after receipt of review comments. • Bidding and Construction Phase service will remain as stated in theoriginal contract. II. EXHIBIT B — PAYMENTS TO ENGINEER A. In subparagraph 1.1.1 as amended, delete "Two Million One Hundred Twenty-four Thousand Eight Hundred Fifty-three Dollars ($2,124,853)" Yakima Contract Amendment No 4 3 June 16.2000 and replace with the words " Two Million Two Hundred Forty-two Thousand Six Hundred Thirty-one Dollars ($2,242,631). Attachment B lists the estimate manhour requirements." B. Revise subparagraph 1.1.1.3, as amended, to read as follows: "1.1.1.3 Wastewater Facilities Plan update costs, include the Technical Memorandums as described in Sections 1.2.2.2., 1.2.2.3, 1.2.3, 1.2.4, 1.2.5.1 through 1.2.5.5, 1.2.5.11 through 1.2.5.13, the Wastewater Facilities Plan update as described in section 1.2.6, the "Heavy Electrical Maintenance" described in subparagraph 1.4.1.6, shall not exceed Five Hundred Eighty Thousand Seventeen Dollars ($580,017) without written authorization from the CITY. The final costs of services associated with the Wastewater Facilities Plan update. The cost increase for this amendment is Thirty Eight Thousand One Hundred Twenty Eight Dollars ($38,128)." C. Add Paragraph 1.2. which reads: "1.2. Methods of Payments for Services and Expenses of ENGINEER for Services as described herein, payment shall be computed on a PER DIEM basis in an amount equal to Direct Labor Costs times a factor of 3.2. Reimbursable Expenses incurred in connection with such services shall be in addition to the foregoing compensation. The payment for each Design Phase, Bidding Phase, and Construction Phase task in this amendment shall not be exceeded without written authorization from the CITY. The costs associated with each task is summarized below. Amendment Task Estimated Cost Food Processing Waste Analysis $ 24,750 Aeration Basin No. 4 Design Phase $34,100 Aeration Basin No. 4 Biddin: Phase $7,650 Aeration Basin No. 4 Construction Phase $13,150 Estimated Total $79,650 Yakima Contract Amendment No. 4 4 June 16,2000 II. The terms, conditions, and covenants of performance set forth in the Agreement are amended as specifically set forth in this Amendment No. 4. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective authorized offices or representatives as of the day and year written below. CITY OF YAKIMA By: Date: Zais, r., City Manager ( 1 62, aoo 0 Attest: HDR Engineering, Inc. Approved. Gary L. B ice President APPROVED AS TO FORM: City Clerk Contract No. 2000-66 Resolution No. R-2000-98 Yakima Contract Amendment No. 4 5 June 16, 2000 Attachment A Anticipated Specifications and Drawing Summary CONTRACT MANUAL YAKIMA REGIONAL WWTF AERATION BASIN NO. $ REPAIR TABLE OF CONTENTS DMSION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 00100 00300 00301 00310 00323 00324 00326 00327 00328 00400 00500 00610 00650 00700 00805 00822 DIVISION 1 01010 01060 01150 01340 01370 01400 01560 01600 01700 01710 INVITATION TO BID INSTRUCTIONS TO BIDDERS SUPPLEMENTAL ATTACHMENT FOR ACORD CERTIFICATE OF INSURANCE BID FORM BID SECURITY CONSTRUCTION CONTRACTORS QUALIFICATION STATEMENT SMALL, WOMEN, AND MINORITY, BUSINESS ENTERPRISE (SBE, WBE, AND MBE) GOALS CERTIFICATION!' EXECUTIVE ORDER 11246 COMPLIANCE STATEMENT NONSEGREGATED FACILITIES CERTIFICATION CITY OF YAKIMA REGULATIONS NOTICE OF AWARD AGREEMENT PERFORMANCE AND PAYMENT BOND NOTICE TO PROCEED GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS PREVAILING WAGE RATE DETERMINATION - GENERAL REQUIREMENTS SUMMARY OF WORK SPECIAL CONDITIONS MEASUREMENT AND PAYMENT SHOP DRAWINGS, PRODUCT DATA AND SAMPLES; OPERATION AND MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS SCHEDULE OF VALUES QUALITY CONTROL ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS PRODUCT DELIVERY, STORAGE, AND HANDLING CONTRACT CLOSEOUT CLEANING DIVISION 3 - CONCRETE 03108 FORMWORK 03208 REINFORCEMENT 03308 CONCRETE, MATERIALS AND PROPORTIONING 03311 CONCRETE MIXING, PLACING, JOINTING, AND CURING 03348 CONCRETE FINISHING AND REPAIR OF SURFACE DEFECTS 3350 TESTING Yakima Contract Amendment No. 4 6 June 16. 2000 DRAWINGS Cover Sheet, Drawing Index and Location Plan General Abbreviations General Symbols General Structural Details and Notes Aeration Basin No. 4 Plan Aeration Basin No. 4 Sections and Details Attachment B CITY OF YAKIMA LABOR HOURS ESTIMATE Estimated Number of Hours Personnel Summary Wastewater Facility Plan Food Processing Waste Aeration Basin No. 4 Design Aeration Basin No. 4 Bidding Services Aeration Basin No. 4 Construction Services Principal -in- Charee 2 8 4 0 0 Project Manager 70.5 40 44 16 24 Quality Review - 40 8 4 0 0 Senior Project Engineer 40 0 0 0 0 Engineer 30.5 0 0 0 0 Structural Engineer 0 0 48 0 16 CADD Tech 0 0 50 0 0 Senior Analysis 55 40 0 0 0 Clerical Administrative 0 32 48 32 28 Operations Sipecialist 6 0 0 0 0 Yakima Contract Amendment No 4 7 June 16. 2000 Budget through Amendment M4 to Agreement Between City of Yakima and HDR Engineering, Inc. Original Amount Revised *1 Amount Revised *3 Task Estimated Amendment *1 Total Estimated Amendment 13 Cost Cost Total Estimated Cost Subparagraph 1.1.1.1 MWE 02 TOM Sessions TOTAL MWE 02 Proposed *4 Total Estimated Cost $48,500 (548,050) 5450 5450 Subparagraph 1.1.1.2 MWE 03 Proj. 1637 SCADA Upgrade 5450 TOTAL MWE 03 597,000 Subparagraph 1.1.1.3 MWE 04 Proj. 1840 Facility Plan Update TOTAL MWE 04 3130,000 ($32,000), 565,000 565,000 $103,900 $233,900 $308,143 5542.043 Subparagraph 1.1.1.4 MWE 05 Proj. 1644 Comprehensive Plan TOTAL MWE 05 $100,000 $580,171 50 $100,000 $100,000 Subparagraph 1.1.1.5 MWE 06 Proj. Financing TOTAL MWE 06 $13,200 ($13,200) $0 $0 Subparagraph 1.1.1.6 MWE 01 Proj. 1612 Lagoon Cleanout TOTAL MWE 01 $102,000 5100,000 $0 ($33,840) 568,160 $68,160 Subparagraph 1.1.1.7 MVVE 07 Proj. 1566/1638 Design TOTAL MWE 07 $68,160 $161,700 $400,800 3562,500 $562,500 Subparagraph 1.1.1.8 MWE 08 Proj. 1638 Construction Services TOTAL MWE 08 $266,300 $562,500 $409,400 $675,700 $675,700 Subparagraph 1.1.1.9 (Add 11 MWE 09 Proj. 1566 Prepurchase Headworks Equipment TOTAL MWE 07 Subparagraph 1.1.1.9 (Add *1) MWE 10 Proj. 1638 Predesign $0 TOTAL MWE 10 $0 Subparagraph 1.1.1.9 (Add *1) MN/E 11 Proj. 1713 Mechanical Improvements TOTAL MWE 11 $0 Subparagraph 1.2 (Add 14) MWE 12 Proj. 1917 A -Basin Repair TOTAL MWE 12 $9,800 $9,800 $9,700 1 ? $9,700 $91,500 $91,500 $9,800 $9,700 $91,500 Subparagraph 1.2 (Add *4) MWE 13 Proj. 1641 Food Processing Waste Analysis TOTAL MWE 13 $54,9.00:; $54,900 $24,750 TOTAL AMENDED CONTRACT TOTAL PROJECT *918 700 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4" /02 For Meeting Of 8/15/00 ITEM TITLE: Request For Approval of Resolution Authorizing Contract Amendment #4 For Wastewater Improvement Engineering Services With HDR, Engineeriryg, Inc. SUBMITTED BY: Glenn Rice, ACM Doug Mayo, Wastewater Manager CONTACT PERSON/TELEPHONE: Doug Mayo/575-6077 SUMMARY EXPLANATION: City Council is respectfully requested to approve the attached resolution authorizing the City Manager and City Clerk to execute the attached Contract Amendment #4 for engineering services with HDR Engineering, Inc. The added cost df this Amendment is $117 778 On December 21, 1993, City Council authorized the City to enter into a contractual agreement for engineering services with the aforementioned engineering firm (Council Item 16, City Contract # 93-115, Resolution # R-93-146). continued Resolution X Ordinance Contract_ Mail to (name and address): Bellevue, WA 98004-5538 Other (Specify) Contract Amendment #4 HDR, Inc. 500 108th Avenue N.E. Attn: John Koch Phone 425/450-6269 Funding Source Budgeted in Fund 472 as project 1917, Fund 476 as project 1644, and Fund 478 as project 1641; APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approve resolution authorizing the City Manager and City Clerk to execute the attached Contract Amendment #4 with HDR Engineering, Inc. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (...continued. from front page..) As noted in the Council agenda item referenced above, "The scope of work anticipated through this decade is lengthy but only those elements requiring initiation now are fully detailed and selected for authorization through this [original] contract. The remaining elements found in the Projected Technical Scope of Work will be authorized through future contract amendment and Council approval." City staff presently sees the need to add to the scope of services. These added services, as set forth in the enclosed amendment, include work prepared under a separate contract with Preston Gates & Ellis LLP, analysis of the possible impacts, both process and cost, of the options presented in the AKART Analvsis - Yakima Del Monte, and rehabilitation of Aeration Basin #4. Amendment #4 adds $117,778 to the existing Agreement budget. November 2, 2000 Mr. Doug Mayo, P.E. City of Yakima Wastewater Division 2220 E. Viola Yakima, WA 98901 Re: Aeration Basin No. 4 Structural Repairs Project 1917 Dear Doug: Please find attached the bid tab for the Aeration Basin No. 4 Structural Repairs. ECA and Associates was the lowest bidder at $91,634.08, and their bid was below the Engineer's estimate of $104,000. We have reviewed all the documents provided by ECA and have found that all the necessary items have been submitted and are satisfactory. All bidders on the project are qualified to perform the work; however, ECA and Associates were the lowest responsive responsible bidder on this project. Should you have any questions or comments concerning the Aeration Basin No. 4 Structural Repairs, do not hesitate to contact us. Very truly yours, HDR ENGINEERING, INC. E. Koch, P.E. Project Manager Enclosure HDR Engineering, Inc. Employee Owned 500 108th Avenue, N.E. Telephone Suite 1200 425 453-1523 Bellevue, Washington Fax 98004-5538 425 453-7107 02/08/01 THU 10:39 FAX CITY OF YAKIMA 1 1A0U1 !TY r_ ?TTFrr AT (1JlrW1 ►CT J'ob Description: W --‘ X\RR tL0v ?. Carriers a' tted in the State of Washington an A-7:1 U& SJCGe.^r.v 111 �C� 4 � 1JLULsC. 2. Commeroldi GenKra„. Liability ilii aa Ut, augl a ace Dads subject to a 51,060,00(1 per ecaumLic=. 3. Automobile includes "Any Auto" and is subject to a Si, o u u, u u u occurrence limit. 4. Zmployers liability shown at a $1., 000, 000 limit der occurrence. 5. City of Yakima, its agents, emplyees , and elected and appointed officials are Listed as an add.tiona.. insured. 5. Copy of additional insured endorsement included which is signed by the agent. - ry o , 4u"1 o • x . 7. Per job aggregate endorsement show. If not, is a $2,000,000 umbrella limit shown over 51,000,000 underlying? n 8. Is the general liability tvlicv subiect to a deductible of $5, 000 or less. Lf higher, ap nroyaL is required by the City. 9. Under cancellation section is "Endeavor to" and "But failure to mai/ such notice shall impose no obligation or liability of any kind upon the company, its agents ©r rArrogontatives" crossed out. Is 20 days or more notice of canceliati.on shown? pN enostrlotad By Date x L n el002 [t ACORDM CERTIFICATE OF LIABILITY INSURANCE DATEDNY) 01/17/217/2 001 PRODUCER Bratrud Middleton Insurance Brokers Inc. - Tacoma Div THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 11205 COMPANIES AFFORDING COVERAGE Tacoma, WA 98411-0205 COMPANY A Safeco Insurance Company INSURED ECA & Associates, LLC COMPANY B First National Ins Co of Amer. P.O. Box 58303 Seattle, WA 98138-1303 COMPANY c MKM COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY CP8485878 01 10/24/00 10/24/01 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNERS & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X WA Stop Gap FIRE DAMAGE (My one fire) $ 100,000 MED EXP (My one person) $ 5,000 B AUTOMOBILE X LIABILITY ANY AUTO BA8485878 01 10/24/00 10/24/01 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY UL&4$5878 01 10/24/00 10/24/ii' EACH OCCURRENCE $ 5,000,000 X UMBRELLA FORM t AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WA STATE FUND WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT $ THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE- POLICY LIMIT $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: CITY OF YAKIMA REGIONAL WWTP IMPROVEMENTS CITY OF YAKIMA, OFFICERS, AGENTS, EMPLOYEES AND ENGINEER ARE ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT CERTIFICATE HOLDER. CITY OF YAKIMA, WA DIRECTOR OF ENGINEERING CANCELLATION ` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ARD MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 129 NORTH 2ND STREETBINVFXILINNEXIA=MEEMMIIPMEXTiMM YAKIMA, WA 98901 ERINSX11161 IR 191130MX:XMI ► J 0,1*4...z t, i f 1 1.5 t+ II' : ;*-1:.i.-''.Z'. ACORD 25-S (1/95) AUTHORIZED REPRESENTATIV 100240 OACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the foilowing COMMERCIAL GENERAL LIABILITY COVERAGE PART The following paragraph is added to WHO IS AN IN- (a) SJRED (Section II): 5. Any person or organization for whom you are required by written contract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect dunng the policy penod shown in the Declarations, and must have been executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury " b. The person or organization added as an insured by this endorsement is an insured only with respect to liability ansing out of: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions. (a) This insurance does not apply to any "occurrence' which takes place atter you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new construction or demolition operations performed by or on behalf of the person or organi- zation added as an insured; (2) 'Your work" for that insured, whether the work is performed by you or for you; The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (3) This insurance does not apply to any "occurrence" which takes place after the equipment ease expires; (b) This insurance does not apply to "bocily injury" or "property damage' ansing out of the sole negligence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional previsions. (a) This insurance does not appiy to "bodily injury," "properry damage.' "personal injury," or 'advertising injury" arising cut of operations performed for the state or municipality; (b) This insurance does not appiy to "bocily injury" or "property damage' included within the 'producs-completed opera- tions hazard." c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to 'bodily injury,' "property dam- age,' 'personal injury,' or "advertising injury' ansing out of the rendering of or the failure to render any professional services by or for you, including: (1) The prepanng, approving, or failing to pre.pare or approve maps, draw- ings, opinions, reports, surveys, charge orders, designs or specifica- tions; and (2) Supervisory, inspection or engineer- ing services Includes copyrighted material of Insurance Services Office, Inc , with its permission. Page 1 of 2 Cv 70 69/EP 8/99 (CO 70 69 08 95) a Registe:a 7aderr3rx of SAFEEC0 C crporanci d. With regard to any coverage provided to the insured added by this paragraph, Condition 4. Other Insurance (Section IV) applies. However, if the contract or agreement which requires the person or organization be added as an insured specifically requires that this insurance apply without regard to other valid and collectible primary insurance available to that insured, Paragraph 4.a. of COM- ME:RCIAL GENERAL LIABILITY CONDI:- TIONS ONDI-1 IONS (Section IV) is amended to read: a. Primary Insurance This insurance is primary except when b. below applies. However, no coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Page 2 of 2 Performance Bond Bond #81SB103537993BCM Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Narne and Address): ECA and Associates, LLC PO Box 58303, Seattle, WA. 98138-1303 OWNIk (Name and Address): City of Yakima 2220 E. Viola, Yakima, WA. 98901 CONTRACT Date: November 20, 2000 Amount: $91,634.08 Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River St., #150, Boise, ID. 83701 Regional Wastewater Treatment Facility (WWTF) - Aeration Basin No. 4 Structural Repairs for the City of Yakima Project No. 1917 January 10, 2001 $91,634.08 None Surety and Contractor. intending to be legally bound hereby, subject to the terms printed on the reverse side hereof. do each cause this Performance Bond to he duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: ECA and Associai gglp. Seal) LLC Signature: `" Name and Title: �t y;=�1�C, INA\\-(. \ �N\Cy-txC X SURETY Company: Travelers Casualty and Sur t Commpa�ny. of Ameericca Corp. See l) Signature: '�����.a �ti � 5�� L.�� Cwt �. Name and Title: Vivian L. Ayers, Attorney -in - (Attach Power of Attorney) Fact (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: E.1CDC No. I910 -2S -A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America. Engineers Joint Contract Documents Comtnitcec, Me Associated General Contractors of America, and tate American institute of Architects. 00610-1 I. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors. administrators. successors and assigns to the Owner for the performance of the Comma, which is incorporated herein by reference, 1. If the CONTRACTOR perforans the Contract. the Surety and the CONTRACTOR have no obligation under this Bond. except to participate in conferences as provided in paragraph 3.1. 3. if there is no OWNER Default, the Suretye obligation under this Bond shall arise after. 3.1. The OWNER has notified the CONTRACTOR and the Surety at tete addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and las requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after 'tempt of such notice ro discuss methods of performing the Contract if the OWNER. the CONTRACTOR and the Surety agree. the CONTRACTOR shall he allowed a reasanable time to perform the Contract. but such en agreement shall not waive the OWNERS right, if any, subsequently to declare a CONTRACTOR Default: and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR 5 right to complete the Contract, Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided is paragraph 3.1; and 3.3. The OWNER bas agreed to pay the Balance of the Contract Price tee 3.3.1 The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4, When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety§ expense take one of the following actions.: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER. to perform and complete the Contract: or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contracrors.or 4.3, Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for perfartnance and completion of the Contract. arrange for a contract to be prepared for exetxttion by the OWNER and the contractor selected with the OWNER's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract. and pay co the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default: or 4,4, Waive its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: 4.4, 1 After investigation. determine the amount for which it may be liable to the OWNER and. as soon as practicable after the amount is determined. tender payment therefor to the OWNER: or 4.4,2 Deny liability in whole or in part and notify the OWNER citing reasons therefor, 5. if the Surety does not proceed as provided in paragraph 4 with reasonable promptness. the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond. and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability_ in whole or in pact, without teal= ootice the OWNER stela be emilled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTORS right to caimpLae the Contract, and if the Surety elects to sox under paragraph 4.1. 4.2. or 4.3 ahove, then the responsibilities of the Surety to the OWNER shall not be greater than there of the CONTRACTOR under the Contract. and the resp instiblliues of the OWNER to the Surety shall not be greater than those of the OWNER under the Comsat. To a limit of the amount of this Bond, but subject to co nnutment by the OWNER of the Balance of the Contract Price to mitiemion of costs and damages an the Connect, the Surety is obligated without duplication for 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.3. Additional 1ep1, deign professional and delay costs resulting from the CONTRACTOR$ Delimit, and resulting from the actions or failure to act of the Surety under poraytaple 4: and 6.3. Liquidated 43tuayes. or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or nor performance of the CONTRACTOR, 7. The Surety shall net be liable to the OWNER or others fat obligations of the CONTRACTOR that ate unrelated to the Contract, curd the Ralance of the Connac Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall aeente on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators. or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to mimed subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years atter CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform iu obligations under this Bond. whichever occurs fuse If the proeiSiMet of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdictim off the suit shall be applicable. 10. Notice to the Surety. the OWNER or the CONTRACTOR shall be mailed ar delivered to the address shown on the signature page. t I. When this Bond has been fiui» shed to comply with a statutory or outer legal requirement in the location where the Contract was be performed any provision in this Band conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporued herein. The intent is that this Bond shall be construed es a statutory band and not as a common law bond. 12. Definitions. 1`'_1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made. including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled. reduced by all valid and proper payments trade to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived. to pay the CONTRACTOR as required by the Contact or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER; OWNERS REPRESENTATIVE (Engineer or other party): Acordia Northwest, Inc. HDR Engineering, Inc. 520 Pike St., 20th Floor Seattle, WA. 98101 (206) 701-5100 500 108th Ave. N.E., #1200 Bellevue, WA. 98004 00610.2 1 1 1 1 1 Payment Bond Bond #81SB103537993BCM Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ECA and associates, LLC PO Box 58303, Seattle, WA. 98138-1303 OWNER (Name and Address): City of Yakima 2220 E. Viola, Yakima, WA. 98901 CONTRACT Dace. November 20, 2000 Amount: $91,634.08 Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River St., ##150, Boise, ID. 83701 Regional Wastewater Treatment Facility (WWTF) - Aeration Basin No. 4 Structural Repairs for the City of Yakima Project No. 1917 January 10, 2001 $91,634.08 None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: ECA and Associates, Signature-: f L ,,,,ckeZ lAkvjc LL,C Signature:Name and Title: �l.:�c 1rV1.tAckite\ Mskca.(3F ( Name and Title: Vivian L. yer; (Attach Power of Attorney) Attorney—in—Fact (Space is provided below for signatures of additional parties, if required.) (Corp. Seal) SURETY Com an Travele rs Casualty and Sure P y: Com any of America ( orP• seTal) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Corp. Seal) SURETY Company; (Corp. Seal) Signature: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally inally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee. the Associated General Contractors of America, the American Institute of Arch/meta, the American Subcontracrors Association. and the Associated Specialty Contractors. 00620-1 1. The CONTRACTOR and the Surety, jointly and severally. bind themselves, their heirs. executors, administrators, succescrs and assigns to the OWNER to pay for tabor, materials and equipment furnished for use in the performance of the Contract, which is inccrperated herein byref Z. With respect to the OWNER. this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all stems due Claimants. and 2.2. Defends. indemnifies and holds harmless the OWNER from all claim„ demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract. provided the OWNER has promptly notified the CONTRACTOR and the Surrey (at the addresses described in paragraph 12) of any claims, demands. liens or suits and tendered defense of such claims. demands. liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants. this obligation shall be null and void if the CONTRAC.1JR promptly snakes payment. directly or indirectly. for all sums due. 4. The Surety shalt have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy. or notice thereof. to the OWNER, stating that a claire is being made under this Bond and. with substantial accuracy, the amount of the claire. 4.2. Claimants who do not have a direct contract with the CONTRACTOR. 1. Have furnished written notice to the CONTRACTOR and sent a copy. or notice thereof. to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating. with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the tabor was done or performed: and 2. Have either received•a rejection in whole or in parr from the CONTRACTOR. oruot received within 30 days of furnishing the•above dodce any communication from tete CONTRACTOR by which the CONiRACTOR had indicated the claim will be paid directly or indirectly, and 3. Not having been paid within the above 30 days. have sent a written notice to thc Surety and sent a copy, or notice thereof, to the OWNER. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety. that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER. within 45 days afar receipt of the claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6,2. Pay or arrange for payment of any undisputed amounts. 7. The Surety§ tvtal obligntioxn shalt not exceed the amount of this Bond, and thc amount of this Bond shall be credited for any payments made in good faith by the Surety R. Amanda owed by the OWNER to the CONTRACTOR under tlsa tl be nark fee the performance of the Contract and to satisfy driers, If any. nude any Performance Bend. By the CONTRACTOR fmniishing and the OWNER aesscipaol this Bond, they agree that all funds earned by the CONTRACTOR is the performance of the Contract ase dedicated to satisfy Cbtiguims cif the CONTRACTOR and the Sunny under this Hood, subject to the OWNER'S purity to use the funds for the completion of the Wotk. 9. The Sunny shall not be liable to the OWNER. Claimants or rebus for obligations of the CONTRACTOR that are undated to the Contract. TT a OWNER. shall not be liable far payment of any costs or expenses of any Claimnnt under this Bond. and shall have under this Bond no obligations to make payments to. give notices on behalf of. or otherwise have obligations to Claimants tmdcr this Bond. 10. The Surety hereby waives notice of arty change. including changes of time, to the Contract or to related Subcontracts, purchase orders and other obliyatioos. 11. No suit or action shall be commenced enced by a Claimant uncia this Boni otficr lima in a court of Competent jurisdiction in the locatioa is which the Work ix pan of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, ce (2) on I which the last labs or sesricae was performed by anyone or the last materials or equipment were furnished by anyone guides the Construction Contract, whichever of (T) or (2) fust Occurs. If the provisions of this paragraph aro void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 99 11 Notice to the Surety. the OWNER cr the CONTRACTOR shall be mailed or delivered to the addresses abown on the signature page. Actual receipt of notice by Surety. the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date mceivexd at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement is the location whore the Contract was to he perforated. any provision in this Bead confiioting with said statutory or legal requirement than be deemed deleted herefttrin and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is. that this Bend shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential benefusary of this Bond. the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant An individual or entity having a direct crmtzact with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to famish labre, materials err equipment for use in the performance of the Contract. The intent of this Bond shall be to include without' limitation in the teens "labor, materials of equipment" that part of water, gas, power. light, heat. oil, gasoline, telephone service or rental equipment used in the Conract. architectural and engineering serviuee requital for performance of the Work of the CONTRACTOR and the CONTRACTOR°s Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor materials or equipment were furnished, 15.2, Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes pthefeto. 15.3, OWNER Default: Failure of the OWNS which bas neither bcu remedied nor waived, to pay the CONTRACTOR as required by that Contract or to perform and complete or comply with the other terms thereof. 1 (FOR INFORMATION ONLY --Name, Address and Telephone) AGENCY or BROKER: OWNERS REPRESENTATIVE (Engineer or other party): ACORDIA NORTHWEST, INC. HDR En•ineering, Inc. 520 Pike, 20th Floor Seattle, WA. 98101 (206) 701-5100 't 500 108th Ave.N.E. #1200 Bellevue, WA. 98004 00620-2 1 1 TRAVEL? CASUALTY AND SURETY COMPANY OF . • MICA TRri JELERS CASUALTY AND SURETY COWAN Y FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Daryl A. Cody, Linda Pawlak, Robert J. Weller, Vivian L. Ayers, of Seattle, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary VOTED- That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (5-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 4th day of November 2000. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD ��"ptm suxfTy+�, HARTFORDA *Sk �xwiui TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 4th day of November, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. teA, My commission expires June 30, 2001 Notary Public 010 Marie C. Tetreault CERTIFICA I'E I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. E gneil and Sealed at the Of ce of the Company, in the City of Hartford, State of Connecticut. Dated this lf' ` day of 200 Kori M. Johanson Assistant Secretary, Bond 00500 - 1 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the 20th day of November in the year 2000 by and between the City of Yakima, hereinafter called OWNER, and ECA and Associates Inc., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified Of indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Regional Wastewater Treatment Facility (WWTF) — Aeration Basin No. 4 Structural Repairs for the City of Yakima, Washington. CONTRACT IDENTIFICATION: Project No. 1917 Article 2. ENGINEER The Project has been designed by HDR Engineering, Inc., 500 108th Avenue NE #1200, Bellevue, Washington 98004, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. The work will be substantially completed in accordance with Paragraph 14.8 of Section 00700 within 30 consecutive calendar days after the date when the Contract Times commence to run. All work will be completed and ready for final payment in accordance with Paragraph 14.13 of Section 00700 - General Conditions within 45 consecutive calendar days after the date when the Contract Times -commence-to -run. -----_____ ._ 3.1.1. Contractor will determine when the Contract Times commence to run. The CONTRACTOR may begin the WORK at any time after the OWNER has issued the Notice to Proceed but must complete all WORK within the time periods specified in Article 3.1 and in no case shall the final completion date extend beyond June 1, 2001. The OWNER will make no adjustments in the contract time for Delay Damages as listed in Article 12066 of Section 00805 — Supplementary Conditions to EJCDC General Conditions. Prior to beginning WORK on the site, the CONTRACTOR shall retum the Notice to Proceed to the OWNER indicating the date the contract time shall commence. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS 00500 - 2 specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of Section 00700 - General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER in accordance v th the formula LD = 0.15C/T where LD is the liquidated damages per working day (rounded to the nearest dollar), C is the original contract amount and T is the original time for completion. The CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.1. above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for completion and readiness for final payment Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current fun Ite m Description Unit Estimate Quantity Unit Price Total Price 1 Mobilization and Demobilization, All Other Work 1 LS — $ 8,000.00 2 Removal and Re- Installation of Existing Fine Bubble Air Distribution Manifolds 1,425 SF $ 20.00 $ 28,500.00 3 Removal, Water Jet Cleaning, and Replacement of Deleterious Floor Slab Concrete 1,425 SF $ 25.00 $ 35,625 00 4 Sawcut of Topping slab and Joint Filler Installation 320 LF $ 40.00 $ 12,800.00 5a Total of Bid Items 1, 2, 3, and 4 $ 84,925.00 5b Washington States Sales Tax © 7.9% of Item 5a $ 6709 08 Total Contract Bid Price, Sales Tax (Total of Items 5a and 5b) $ 91,634.08 Total Contract Bid, including Sales Tax (Total of Items 5a and 5b) liege, due 7Noueaad .Set' uadred 7 %rat Dollana a*d Se9k ec«ta Contractor acknowledges that estimated quantities are not guaranteed and were solely for the purpose of comparison of Bids and determination of initial contract price. Paragraphs 11.9 3.1 and 11.9.3.3 of the General Conditions do not apply to Item 2 and 3. YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS 00500 - 3 All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section 00700 - General Conditions. Applications for Payment will be processed by ENGINEER as provided in Section 00700 - General Conditions. Applications for Payment consisting of three (3) pages (Contractor's Application and Certificate for Payment, Pages 1-3), identified in Section 00100 - Instructions to Bidders. CONTRACTOR shall submit signed partial release of lien from al Subcontractors and suppliers with second (2nd) and subsequent Applications for Payment for Work performed on previous Applications for Payment. 5.1. Progress Payments; Retainage. OWNER shall make progess payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided in Paragraphs 5.1.1. and 5.1.2. below. All such payments will be based on an as estimate of the work completed. 5.1.1. Prior to and upon substantial completion of the work, progress payments will be made in an amount equal to: 95 percent of the value of the work completed, and 95 percent of the value of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragra h 14.7 of Section 00700 - General Conditions. 5.1.2. Pursuant to RCW 60.28.010, retainage held pursuant to paragraph 5.1.1 above shall constitute a trust fund for the protection and payment of any person or persons, mechanic, subcontractor, or materialmen who performs any labor upon the Contract or Work hereunder, and all other persons who shall supply such person or persons or Subcontractors with provsions and supplies for carrying on such Work and of the State of Washington with respect to taxes imposed pursuant to Title 82 RCW which may be due from such Contractor. These retained funds shall be held and invested as provided in RCW 60.28.010 at the election of the Contractor. Such written election shall be included with the first request for a Progress payment. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.13. of Section 00700 - General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14 13. Payment shall not be made until CITY receives from Washington State Department of Revenue a certificate that all taxes, increases, and penalties have been paid in full pursuant to RCW 60.28.051, and certificates of release are received from the Department of Labor and Industries. Article 6 INTEREST All moneys not paid when due as provided in Article 14 of Section 00700 - General Conditions shall bear interest as provided in RCW 39.76.010 and 39.76.020. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS 00500-4 representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 8. below) and the other related data identified in the Bidding Documents. 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and fumishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and fumishing of the Work. 7.4. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, and data concerning conditions (Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, and data with the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work Where conflicts, errors, ambiguities, or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. 7.7 CONTRACTOR has not directly or indirectly induced or solicited any other to submit a false or sham Bid; CONTRACTOR has not solicited or induced any person, firm, or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other or over OWNER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS 00500 - 5 CONTRACTOR concerning the Work, consist of the following: 8.1. Section 00301 Bid Foran 8.2. Section 00323 Construction Contractors Qualification Statement 8.3. Section 00326 Executive Order 11246 Compliance Statement 8.4. Section 00327 Nonsegregated Facilities Certification 8.5. Section 00328 City of Yakima Regulations 8.6. Section 00400 Notice of Award 8.7 Section 00500 Agreement 8.8. Section 00610 Performance and Payment Bond 8.9. Section 00650 Notice to Proceed 8.10. Section 00700 General Conditions 8.11. Section 00805 Supplementary Conditions 8.12. Section 00822 Prevailing Wage Rates 8.13. General Requirements (Division 1) 8.14. Technical Specifications (Divisions 2 through 16) 8.15. Dravwings, consisting of sheet numbers 1 through 6 inclusive, with each sheet bearing the following general title: Yakima Regional Wastewater Treatment Facility — Aeration Basin No 4 Structural Repairs. 8.16. addendum number 1 8.17. Any modification including Field Order, Change Order, Work Directive Change or accepted Change Proposal Request which may be delivered or issued after the Effective Date of the Agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 3.5. and 3.6. of Section 00700 - General Conditions. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of Section 00700 - General Conditions *411 have the meanings indicated in Section 00700 -General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS 00500 - 6 law), and 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 the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Article 10. GOVERNING LAW 10.1 This Contract shall be deemed entered into in Yakima County, Washington, and shall be governed by the laws of the State of Washington. 10.2 The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Yakima County. 10.3 The CONTRACTOR shall give such notices, file information, and pay taxes, deductions, and premiums as may be required by law and comply with all laws, ordinances, permit requirements, rules, and regulations pertaining to the conduct of the Work. The CONTRACTOR shall be liable for violations of same in connection with any portion of the Work provided by the CONTRACTOR and shall cooperate with all governmental entities regarding inspection of the Work in compliance with such requirements. If the CONTRACTOR observes that the portion of the Contract Documents is in conflict with any such laws, ordinances, permit requirements, rules, or regulations, CONTRACTOR shall promptly notify the Engineer in writing of such conflict. The OWNER will promptly review the matter and, if necessary, issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, permit requirement, rule, or regulation in question ;f it is the responsibility of the OWNER; otherwise, the CONTRACTOR shall ensure such compliance. The CONTRACTOR shall not perform Work known to be contrary to any laws, ordinances, permit requirements, rules, or regulations. 10.4 OWNER shall pay for and CONTRACTOR shall secure any required City Building Permit. All other permits and licenses from governmental agencies that are necessary for ensuring the prosecution of the Work shall be secured and paid for by the CONTRACTOR. Article 11. WAGE RATES 11.1. The most recently published provisions of the State of Washington Department of Labor and Industries Prevailing Wage Rates are made a part of this agreement as completely as if the same were fully set forth herein. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on November 20, 2000 (which is the Effective Date of the Agreement). YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS LLC 00500 - 7 By ECA & Associates, LLC (SEAL) (Firm name) \ 4 3(-7-2\-a (General partners signature) Rhonda Mitchel, Manager (Printed name) Address: P.O. Box 58303 Seattle, WA 98138 Phone No.: 253 631-4751 Surety is: TravP1 terra r'acna l t end Surety Company of Amcrica (Surety Nyame) Address: 52,0 Pike Stref- 20th F1 oor Seattle WA 98101 Phone No : 206 701-5000 YAKIMA REGIONAL WWTF AERATION BASIN STRUCTURAL REPAIRS Washington State CONTRACTOR License No ECASSL*022CR CITY OF YAKIMA By: (signature) 1? I L • (printed name) Title: 1 Gtrvta_c Attested: 401-0---o-- CITY SEAL 2 Address for giving notice: Mr Doug Mayo, P E City of Yakima Wastewater Treatment Facility 2220 E. Vola Yaldrna, WA 98901 NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. END OF SECTION YAKIMA REGIONAL. WWTF AERATION BASIN STRUCTURAL REPAIRS