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HomeMy WebLinkAbout05/03/2011 12 Wastewater Treatment Plant Design and Construction Agreement with Pharmer Engineering • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 2 -- For Meeting of: May 3, 2011 ITEM TITLE: Request approval of a Resolution authorizing, the City Manager to execute an Agreement with Pharmer Engineering and the City of Yakima for design and construction services at the Wastewater Treatment Plant. SUBMITTED BY: Chris Waarvick, Director of Public Works Scott Schafer, Wastewater Division Manager Max Linden, Utility Engineer CONTACT PERSON/TELEPHONE: Max Linden /575 -6077 SUMMARY EXPLANATION: Mandatory planning, coordination, process analysis, and implementation is required to address regulatory requirements including the design and construction related services for an Industrial Waste Anaerobic Process and North End Treatment Plant Power Distribution Upgrades on the north side of the Wastewater Treatment Plant. A Professional Licensed Engineer is required by 0 the State of Washington to perform such services. The Engineering Services shall not exceed $2,168,548. See Exhibit "B ". (...continued on next page) Resolution X Ordinance _ Other (Specify) to authorize use of budgeted funds for this service. Contract X Mail to (name and address): Funding Source WW Facilities Project (478 Fund) Budgeted APPROVED FOR SUBMITTAL: --------"'. = V City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to approve the Resolution authorizing the City Manager to execute the attached Agreement with Pharmer Engineering and the City of Yakima for design and construction related services at the Wastewater Treatment Plant. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • Page 1 (...continued from front page) The City of Yakima Wastewater Division has decided to treat high strength wastewater from its food processing industries utilizing an anaerobic treatment facility at the wastewater treatment plant (WWTP). While industrial hydraulic flows are not significant, organic loading from the top three high strength industrial food processors comprise of more than half the overall waste load capacity at the WWTP.. By separating the industrial organic loading from the rest of the sanitary sewer (domestic) system, significant capacity is restored, deferring the requirement for expansion projects for several years to accommodate future growth and development. In addition, the anaerobic process is more cost effective in treating high strength process . wastewater and has the potential of reducing operational costs. Both of which should help to stabilize future wastewater rates. The second part of the agreement with Pharmer Engineering is to address the north end electrical power distribution equipment (primary switching equipment, Unit Substation 1A, 1B, and distribution switchgear in the Influent Building). It is intended to be replaced as a part of a continuing upgrade of the plant power distribution system which first began in 2005. The equipment is well over 30 years old and out of date, and has shown significant corrosion and degradation from the harsh outdoor environment near the Headworks and is rapidly approaching the end of its useful service life. The age of the equipment has resulted in serviceable replacement parts being difficult or impossible to find; including the number of qualified individuals to work on the specific equipment. These difficulties could contribute in the WWTP experiencing a major power failure involving the switching equipment /switchgear that directly serve the Screening /Headworks, Influent Building, Sludge Transfer Building (Primary • Clarifiers), the Administration Building, the Industrial Waste Pumping Station, Chlorination Building, Odor Control (De- chlorination Building) and Trickling Filter Degritter Building. The replacement of the primary distribution (12,470 volt) system has been completed over the years in multiple steps. The final portion of the work (replacement of primary switching equipment, switches A &B and north end switchgear and associated service and feeder circuits) is to be completed under this project. Pharmer Engineering will provide the required Engineering assistance to design, bid and construct these projects. Exhibit "A" of the Agreement describes the scope of work in more detail. Page 2 • RESOLUTION NO. R -2011- A RESOLUTION authorizing the City Manager to execute an Agreement with Pharmer Engineering and City of Yakima for design and construction services at the Wastewater Treatment Plant. WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, mandatory planning, coordination, process analysis and implementation is required to address regulatory requirements; and WHEREAS, professional wastewater engineering services are required for environmental mandates, community growth, replacement needs, and operational efficiencies; and WHEREAS, conceptual and pre design development, detailed design, implementation, bid and construction related services along with other engineering assistance will be required to comply with mandated requirements; and WHEREAS, with the addition of these mandated requirements, use of budgeted funding is required to continue with current efforts to address these issues; and WHEREAS, the State of Washington requires these services to be performed by a • Professional Licensed Engineer; and WHEREAS, the City has completed the process of completively selecting professional engineering services by virtue of qualifications in compliance with applicable State requirements for acquisition of professional services; and WHEREAS, Pharmer Engineering has been selected to provide professional wastewater engineering services to the City of Yakima Wastewater Division, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the engineering services Agreement with Pharmer Engineering to provide wastewater engineering services for the Wastewater Division not to exceed $2,168,548; a copy of which Exhibit "A" of the 2011 agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this3rd day of May, 2011. ATTEST: Micah Cawley, Mayor City Clerk 0 CITY OF YAKIMA AND PHARMER ENGINEERING • PROFESSIONAL SERVICES AGREEMENT - THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "), and Pharmer Engineering L.L.C., a company licensed to do business in Washington (hereinafter the "Engineer "). WHEREAS, the City desires to retain the Engineer to provide planning, engineering, design and construction support services for additions and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) industrial waste separation, power distribution and other wastewater planning support services; and WHEREAS, the Engineer has the experience and expertise necessary to provide such independent engineering services and is willing to provide . the services in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Engineer as follows: ' 1. Scope of Services. The Engineer shall provide engineering services, referred to as Basic Services, related to planning, design and construction oversight for a high rate or medium rate, anaerobic industrial waste pre- treatment reactor. The scope of work shall also include engineering services in support for updates to power distribution • systems at the YRWWTP north end. The scope of services is described in more detail in Exhibit "A" attached and incorporated by this reference. The City will direct the Engineer when to proceed with each Phase of the scope of work: 2. .Additional Services. a. The City and Engineer agree that not all services performed by the Engineer can be defined in detail at the time this Agreement is executed and that Additional Services not . covered in Exhibit "A" may be needed during performance of the Agreement. City may, at any time, by written order, direct Engineer to revise portions of Basic Services previously completed in a satisfactory manner, delete portions of Basic Services, suspend Basic Services, terminate Basic Services or request that Engineer perform Additional Services beyond the scope of Basic Services. Such changes hereinafter shall be referred to as "Additional Services ". b. If such Additional Services cause an increase or decrease in Engineer's cost of, or time required for, performance of any services under this Agreement, a contract price and /or completion time adjustment pursuant to this Agreement may be made and this Agreement may be modified in writing accordingly. c. Compensation for each such request for Additional Services will be negotiated by the City and the Engineer according to the provisions set forth in Section 3. Engineer shall not perform any Additional Services until authorized by City in writing. Once so authorized, such Additional Services shall be considered part of Basic Services. If mutual agreement on compensation or time adjustment cannot be concluded, Engineer is required to perform the Basic and Additional Services, reserving a right for • equitable adjustment; provided, that in no event shall any amount be allowed for Page 1 of 8 City of Yakima and Pharmer Engineering • Professional Services Agreement anticipated profit or unperformed Basic Services or Additional Services. If City and Engineer cannot agree upon an equitable adjustment in the time for Additional Services beyond the scope of Basic Services within thirty (30) days of the Engineer's written request for equitable adjustment, performance of such Additional Services may be suspended by Engineer until City and Engineer mutually agree upon the time adjustment. 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services /tasks required hereunder unless terminated sooner by either party in accordance with Section 20. The Engineer shall provide such services as are described on executed task orders in accordance with the time schedule set forth in Exhibit A. When directed by the City, the Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. 4. Consideration. • a. The City shall pay the Engineer for basic services described in Exhibit A, in accordance with the payment schedule set forth in Exhibit "B ", based on the Engineer's direct salaries plus Direct Expenses, plus applicable sales, use, value added, business transfer, gross receipts or other similar taxes. Direct salaries are the amount of wages or salaries paid Engineer's employees for basic services directly performed and described in Exhibit A, exclusive of all payroll related taxes, payments, premiums and benefits. Direct salaries may be increased once on an annual basis. Unless the parties otherwise modify this Agreement, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed Two Million One Hundred Sixty Eight Thousand Five Hundred and Forty Eight dollars ($2,168,548). b. Direct Expenses are those necessary costs and charges incurred for Basic Services including, but not limited to: (1) the direct costs of transportation, meals and lodging; (2) insurance, letters of credit, bonds, and equipment and supplies, specific to the Basic Services and approved in advance by the City; and Engineer's direct costs for subcontracted professional services, laboratory tests, analysis, printing and reproduction services, and CADD services. c. Travel costs, including transportation, lodging, subsistence and incidental expenses incurred by employees of the Engineer and each of the Sub - consultants in connection with Basic Services, shall be subject to the following; 1) That a Maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance and depreciation costs of company or individually owned vehicles for that portion of time they are used for Basic Services. The Engineer, whenever possible, will use the least expensive form of ground transportation. 2) That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day per person. This rate may be adjusted on a yearly basis 3) Those accommodations shall be at a reasonably priced hotel /motel. 4) That air travel shall be by coach class, and shall be used only when absolutely necessary. Page2of8 City of Yakima and Pharmer Engineering Professional Services Agreement d. Telephone charges, in -house computer charges, in -house reproduction • charges, first . class' postage, overnight mail and shipping and . FAX charges are not reimbursable Direct Expenses, but are considered fully reimbursed as a part of Exhibit B, Hourly Rate Schedules. e. Professional Sub - Consultants: Professional Sub - consultants are those costs for Engineering, management consulting, surveying, geotechnical services and similar professional services approved in advance by the City. Reimbursement for Professional Sub- consultants will be on the basis of 1.10 times the actual costs billed by. the Professional Sub - consultant for services provided to the City through this Agreement. f. The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's performing services that are satisfactory to the City. g. The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 20, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. 5. Information Provided by the City. The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City . agrees to use reasonable efforts to provide data and information specifically requested by the Engineer. • 6. Status of Engineer.. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer and /or agent of Engineer shall act on behalf' of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195: The Engineer and its officers, employees, volunteers, agents and /or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City. 7. Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses .allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and /or the. Washington State Auditor at all reasonable times and the Engineer shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and /or the Washington State • Auditor where necessary to conduct or document an audit. The Engineer shall preserve Page3of8 • City of Yakima and.Pharmer Engineering Professional Services Agreement and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 8. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and /or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Engineer shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training and the provision of services under this Agreement. 10. The Americans with Disabilities Act. The Engineer shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington. State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. • The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 11. Compliance with Law. The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or, regulatory body, whether federal, state, local or otherwise. 12. No Conflict of Interest. The Engineer covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents. 14. Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected and appointed officials, officers, employees, agents and volunteers from and against any actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) if judged as damages which result from or arise out of the negligent acts, errors or emissions of the Engineer, its officers, agents, employees or Page 4 of 8 City of Yakima and Pharmer Engineering Professional Services Agreement subcontractors in connection with or incidental to the performance or non - performance • of this Agreement. b. The City agrees to hold harmless and indemnify the Engineer, its officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non- performance of this Agreement. c. In the event that both the Engineer and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claim's made by the Engineer's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them: e. Nothing contained in this. Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Insurance Provided by Engineer. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least Two Million Dollars ($2,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claim made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. • b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers;: agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits • the insurance without first giving the City thirty (30) calendar days' prior written notice. Page5of8 City of Yakima and Pharmer Engineering • Professional Services Agreement The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. However, professional liability will not be required unless the subcontractor is involved in design or Engineering services. 16. Delegation of Professional Services. The services provided for herein shall be performed by the Engineer and no person other than regular associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, o g or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to . an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Engineer stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this .Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 19. Dispute Resolution. The parties shall strive to resolve all conflicts through negotiation in good faith as the preferred approach to dispute resolution and may consider mediation, or other form of dispute resolution, as a supplement or alternative where mutually agreed to by the. Parties in writing. 20. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. . Page6of8 City of Yakima and Pharmer Engineering Professional Services Agreement . 21. Severabilitv. If any portion of this Agreement is changed per mutual agreement • or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO City: Ryan Anderson, Utility Engineer City of Yakima, Wastewater 2220 East Viola Yakima, WA 98901 TO Engineer: Dan Barbeau Pharmer Engineering 1998 W. Judith Lane Boise, Idaho 83705 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 23. Third Parties. The City and the Engineer are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether III directly or indirectly or otherwise, to third persons. 24. Drafting of Agreement. Both the City and the Engineer have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and /or action in which this Agreement and its terms and conditions are being interpreted and /or enforced. 25. Integration. This written document constitutes the entire Agreement between the City and the Engineer. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. • 27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. • Page 7of8 City of Yakima and Pharmer Engineering Professional Services Agreement 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the 411 same Agreement. CITY OF YAKIMA PHARMER ENGINEERING By: By: R. A. Zais, Jr., City Manager Date: Date: ATTEST: Deborah Kloster, City Clerk City Contract No. City Resolution No. • Page8of8 City of Yakima and Pharmer Engineering Professional Services Agreement • .EXHIBIT A -1 Conley Engineering, Inc. Consulting Electrical Engineers . . MEMORANDUM March 24, 2011 . • To: Dan Barbeau • Pharmer Engineering From: Pat Conley Re: Professional Services Proposal North Power Distribution, Industrial Waste Digester City of Yakima`— Waste Water Treatment Facility Industrial Waste Digester and North Power Distribution — Pharmer Engineering . Thank you for the opportunity to propose our electrical engineering services on Work Package 1 for . the City of Yakima Wastewater Treatment Facility upgrade project. The following scope of work is structured to follow the Work Package 1 Scope of Services provided by your office. We have included services for the scope items identified in the City email of February 25, 2011, "DRAFT WORK PACKAGE IW Power Dist ". PURPOSE • The north end electrical power distribution equipment (primary switching equipment, Unit Substation 1 A, ,1 B, and distribution switchgear in the Influent Building) is intended to be 0 replaced as a part of a continuing upgrade of the plant power distribution system which was planned and began starting in 2005. The equipment is over 30 years old, and has been corroded and degraded from the harsh outdoor environment near the Headworks and is nearing the end of its service life. The age of the equipment has resulted in serviceable replacement parts being difficult or impossible to find as well as reducing the number of qualified people who are able to work on the equipment. These difficulties could contribute to a power failure for the systems . which the switching equipment/switchgear serves including the Screening /Headworks, Influent Building, Sludge Transfer Building (Primary Clarifiers), the Administration Building, and the • Industrial Waste Pumping Station, Chlorination Building, Odor Control (De- chlorination . . Building) and Trickling Filter Degritter Building. Because primary switching equipment and unit substations are not readily available pieces of equipment, the remedy to a failure of this type of equipment would most likely be a temporary service from the utility or the temporary installation . of a rental engine generator, followed by equipment replacement over the course'of 3 -6 months. Repair or replacement of the primary switching and unit substations and secondary switchgear could easily cost several hundred thousand dollars and the City could still end up with an out of . date power distribution system. Based on this, the City began replacement of the primary distribution (12,470 volt) system in 2005. The replacement is being completed in multiple steps, the last one ending in 2010 (Digester /Boiler Areas as part of the Secondary Digester Cover Replacement project). The first of these steps included the installation of new south end. switchgear in 2006 to serve the south end portion of the plant. The final portion of the work . (replacement of primary switching equipment, switches A &B and north end switchgear and associated service and feeder circuits) is to be completed under this project. • C:IDocuments and SettingsldmoorelLocal SettingslTemporary Internet Files1OLK8tExhibit A -1 Conley Proposal -NGP BRB- 20110324.docx . . P.O. Box 8326, Yakima, WA 98908 • 1433 Lakeside Court, Suite 100, Yakima, WA 98902 . Voice: 509 - 965 -9872 • Fax: 509 - 965 -9873 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER The new south end switchgear currently has sufficient capacity to temporarily power the existing north end operating loads, which currently remain on the old primary system, in addition to the south end WWTF normal load which it is currently serving. A planned sequence of work to revise the power distribution system at the north end of the plant is as follows: Step 1: Temporarily feed north end loads through existing feeders from the south end distribution system as follows: • Remove the automatic transfer switch and install a temporary tap block in the Trickling Filter Pump Station... Connect the tap block to the feeder that routes from the south end distribution Indoor Switchgear SWGR -5. • Connect the Trickling Filter Pump Station existing Motor Control Center to the temporary tap block. • Disconnect the present Unit Substation 1A service to Switchgear 1025 located in the Influent Building and connect Switchgear 1025 to the temporary tap block in the Trickling Filter Pump Station using (reversing) the existing feeder from the switchgear to the Trickling Filter Pump Station. Switchgear 1025 serves the Administration Building, Influent Building (including Screenings and Headworks) and Sludge Transfer Building so these buildings will now be served from the south end distribution system. • Disconnect the De- Chlorination Building from Unit Substation No. 4. Provide a 0 temporary feeder via existing ductbank and temporary conduits from Switchgear SWGR -1025 (located in the Influent Building) to the De- Chlorination Building. • Disconnect the existing feeder for Chlorination Building MCC 3621E from Standby Power Distribution Switchboard 1026E (located in the Influent Building) and connect to Switchgear SWGR -1025 (also located in the Influent Building). Disconnect the existing feeder for Chlorination Building MCC 3620 from Unit Substation No. 4. Disconnect Chlorination Building MCC 3621E from its feeder and disconnect Chlorination Building MCC 3620 from its feeder. Connect Chlorination Building MCC 3620 to the feeder for Chlorination Building MCC 3621E. This means the Chlorination Building would now be connected to Switchgear S WGR -1025 located in the Influent Building. • At this point all of the existing loads on the north end of the plant except the Industrial Waste Pumping Station will be removed from the existing north end primary distribution system and Unit Substations lA and 1B and Unit Substation 4. Step 2: Demolish primary service from Pacific Power, primary switching equipment and Substations Number No. 1 and No. 4 and associated transformers and Outdoor Switchgear SWGR -6011 and Outdoor Switchgear SWGR -6014. Disconnect the Industrial Waste Pumping Station and demolish/abandon in place. Step 3: Construct the new north end electrical building with new distribution switchgear and standby generator in the present location of the existing primary switching equipment and unit substations lA and 1B and the Industrial Waste Pumping Station. Conley Engineering, Inc. Page 2 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER Step 4: Connect the ten north end plant loads including each of the seven buildings temporarily • served by the south end distribution system to the new distribution switchgear along with the Trickling Filter Pumping Station, the replacement Industrial Waste Pumping Station and the new electrical building using individual feeders. After the north end distribution system is reworked (or concurrently with the work), some of the buildings served by the new systems are also planned to have their distribution/motor control equipment replaced. The reasons for this are as . follows: 1. The equipment is old and reaching the end of its useful life. 2. Many of the buildings need to have their control systems reworked. Because of this, the motor control centers will need to be modified to work with the new control system; this can be avoided by replacing them at the same time the control work is done. 3. Some buildings have transfer switches which will no longer be connected to a generator and will need to be removed. 4. Some buildings have existing distribution equipment which is not rated for use as service entrance equipment or has other code issues that will need to be corrected in order to facilitate reconnection to the new north end distribution system without code issues. At each north end building to be connected to a new service, it is possible that the local L &I code officials will require the existing buildings to be brought up to current codes. The requirements of many codes (NEC, WAC /RCW, IBC /IFC, NFPA) may affect the existing power distribution equipment in buildings, and may also result in reclassification of the hazardous locations due to • explosive environments in several buildings as defined by NFPA 820: Standard for Fire Protection in Wastewater Treatment and Collections Facilities. Buildings that are planned to have their distribution/motor control systems to be reworked include the following: 1. Influent Building 2. Headworks /Screenings Building 3. Sludge Transfer Building 4. Chlorination Building 5. Degritter Pump Station Building The remaining buildings (Admin Building, De- Chlorination (Odor Control), Trickling Filter. Pump Station) should not require any replacement of their distribution/motor control systems. Similar to the power distribution equipment replacement, the existing TESCO process controllers are also nearing the end of their service life. The existing controllers are no longer being manufactured and replacement parts are becoming rare and expensive as well as the difficulty of finding qualified technicians to service the equipment. Some of the TESCO process . controllers have been replaced under the recent construction projects. The City intends to continue with replacement of the existing controllers with the same types of Allen Bradley PLC controllers used in the recent construction until all of the TESCO process controllers have been replaced 0 throughout the plant. Under this project, the controllers in the following buildings are planned to be replaced to match the replacement distribution/motor control systems: Conley Engineering, Inc. Page 3 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER 1. Influent Building 2. Headworks /Screenings Building 3. Sludge Transfer Building 4. Chlorination Building 5. Degritter Pump Station Building The De- Chlorination Building and Trickling Filter Pump Station are also planned to have the TESCO systems replaced but will retain the existing distribution/motor control systems. At the same time as the above power distribution system is reworked, a new Industrial Waste Digester building will be constructed. This process building will need a motor control system, a power connection from the existing south end indoor switchgear, an instrumentation system, and control panel. A planned new boiler system to replace the existing hot water boiler system will require modifications to the existing MCC and revisions to some of the power distribution system for the Boiler and attached maintenance building. Site lighting will be upgraded to include new building mounted lighting as well as new pole mounted area lights at locations designated by the Owner. SCOPE The following describes the scope of work for the electrical engineering portion of the project. These have been grouped into separate line items to match the work described above. Each line item may be comprised of work for design of the Power Distribution, Control, Instrumentation, and Communications Systems. The Pre - design portion includes the field investigations and drawing review to gather enough information to include in a report and as- constructed drawings. The as- constructed drawings will be used in the bid documents to depict existing conditions and extent of the Contractor's demolition work. Conley Engineering, Inc. will provide the following pre - design and design services: Task 1 - Design and Detailed Power Implementation Plan for: A North End Power Distribution System Replacement: A -1 Investigate existing conditions, feeder circuit routing, and available conduits. A -1.01 Generate report on existing circuits and pathways A -1.02 Generate as- constructed drawings for use in contract. A -2 Temporary Refeed from South End Power Distribution System A -2.01 Trickling Filter Pumping Station A -2.Ola Replace ATS with temporary tap block to serve northeast and northwest areas. A -2.02 Influent Building A -2.02a Modify switchboard to be refed from Trickling Filter Pump Station temporary tap block and to feed Chlorination Building and De- Chlorination Building. A -2.03 Chlorination Building (C2 Water Building) Conley Engineering, Inc. Page 4 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER A -2.03a Recircuit emergency feeder to feed all loads. • A -2.04 De- chlorination Building (Odor Control Building) A -2.04a Temporary Feeder Installation. A -2.05 Industrial Waste Pumping Station power feeder. • A -3 Demolish Existing Equipment A -3.01 Demolish Primary Switching Equipment. A -3.02 Demolish Substation No. 1 and Associated Equipment A -3.03 Demolish Substation No. 4 and Associated Equipment A -3.04 Demolish Industrial Waste Pumping Station Electrical A -4 Design new Pacific Power Electrical Service Distribution Switchgear and Building A -4.01 Influent Building switchboard demolition. A -4.02 Building structure including lighting and power receptacles. A -4.03 Design new Pacific Power secondary service in cooperation with Pacific Power. A -4.04 Design new switchboard and ATS. A -4.05 Extend Ethernet network to North Power Distribution (Industrial Waste Pump Station) A -5 Design for new 800 kW generator and associated systems. A -6 Design for new feeder circuits to existing buildings. A -6.01 Reuse Trickling Filter Pump Station feeder circuit. A -6.02 New, Chlorination Building feeder circuit. A -6.03 Reuse temporary De- Chlorination Building feeder circuit. A -6.04 New Trickling Filter Degritter Pump Station feeder circuit. • A -6.05 New Sludge Transfer Building feeder circuit. A -6.06 New Influent Building feeder circuit. A -6.07 New Screenings/Headworks building feeder circuit. A -6.08 New Administration Building feeder circuit. A -7 Existing equipment modifications. A -7.01 Sludge Transfer Building (Primary Clarifiers) A -7.01 a Investigate existing conditions, branch circuit routing, and control systems circuits. A -7.01 b Replace MCCs with new MCCs located in old lab area MCCs from North Power Distribution. There may be hazards by an explosive atmosphere in or around the Sludge Transfer Building. Mitigation strategies will be required if hazards are present. ._ A -7.01 c Reconnect motors. A -7.01 d Replace large, walk -in control panel with freestanding enclosure. Repair office wall. A -7.01 e Reconnect existing instruments to new control panel. A -7.01 f Extend Ethernet communications connections to new control panel, office area. A -7.02 Chlorination Building (C2 Water Building) A -7.02a Investigate existing conditions, branch circuit routing, and control systems circuits. • • Conley Engineering, Inc. Page 5 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER A -7.02b Replace the existing motor control centers in same location to consolidate motor control. Refeed from North Power Distribution. A -7.02c Reconnect existing motors to new MCC. A -7.02d Replace the existing control panel and enclosure. A -7.02e Extend Ethernet network to Chlorination Building A -7.03 Trickling Filter De- Gritting Station A -7.03a Investigate existing conditions, branch circuit routing, and control systems circuits. A -7.03b Refeed from North Power Distribution. There may be hazards by an explosive atmosphere in or around the Trickling Filter De- Gritting Station (and Odor Control System). Mitigation strategies will be required if hazards are present. A -7.03c Reconnect existing motors to new MCCs, VFDs. A -7.03d Replace the existing control panels and enclosures. A -7.03e Extend Ethernet network to Station. A -7.04 Influent Building A -7.04a Investigate existing conditions, branch circuit routing, and control systems circuits. A -7.04b Refeed power from North Power Distribution. There may be hazards by an explosive atmosphere in or around the Influent Building. Mitigation will be required if hazards are present. A -7.04c Replace existing MCCs and VFDs with two new MCCs with VFDs. Reconnect Existing Motors and other equipment. A -7.04d Existing lighting fixtures and outlets to remain (part of power distribution item). A -7.04e Replace the existing control subpanel. Reuse the existing control panel enclosure. Reconnect instruments to retrofitted control panel. A -7.04f Extend Ethernet network to Influent Building. A -7.05 Screenings /Headworks Building A -7.05a Investigate existing conditions, branch circuit routing, and control systems circuits. A -7.05b Refeed branch circuits from Influent Building. There may be hazards by an explosive atmosphere in or around the Headworks and Screenings Buildings. Mitigation will be required if hazards are present. A -7.05c Existing lighting fixtures and outlets to remain (part of power distribution item). A -7.05d Connect existing and new instruments to new Control sub - panel in Influent Building. B New Industrial Waste Anaerobic Process B -1 New Control Building B -1.01 New feeder circuit. B -1.02 Power Distribution B -1.03 Motor controls and motor connections. Conley Engineering, Inc. Page 6 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER B -1.04 Building and building loads including lighting and building receptacles. • B -1.05 Process I &C Locations B -1.06 Signal /Communications B -2 Industrial Waste Pumping Station B -2.01 New feeder circuit. C Boiler Building C -1 Replace MCC with new MCC C -2 Connect new boilers and digester gas compressor to existing MCC C -3 Connect new boilers and digester gas compressor to existing control panel D Site Lighting D -1 New Lighting and existing lighting rehabilitation. Surveillance camera design. D -1.01 Task 2 - Bid Support Services A Prebid conference and site walk through B Answer Contractor questions C Prepare addendum language to address questions or other issues Task 3 - Construction Support Services A Construction Observation services, assist addressing unforeseen construction issues, submittal review B PLC Programming C HMI Programming Task 4 - Project Management / City Coordination A Assist in Coordination III ASSUMPTIONS • We have divided our SCADA System services into Design and Programming. As we previously indicated, programming services could be provided as an engineering service or as a Contractor provided service. For the purposes of this proposal we have assumed that the programming will be provided by our firm as an engineering service. If this should change, we will amend our proposal as required. • This proposal is based on the SCADA programming work being performed sequentially following the power distribution and process equipment improvements identified above. FEE We propose to provide our services for Work Package 1 of the Yakima WWTF Upgrade project on a time and expense basis. For budgeting purposes, we have endeavored to project hours for design in each process area by the phases indicated in your scope of work document. However, we expect that actual time spent may be greater in some categories, and less in others. Therefore, we are proposing to provide our services on a time and expense basis for the project as a whole. We have attached our current rate schedule for your information. If it appears that we will exceed projected fees because of changes in scope, or additional requests by the City or by Pharmer Engineering, we will notify Pharmer Engineering before proceeding. • Conley Engineering, Inc. Page 7 PHIE 1101 - PROPOSAL NORTH POWER DISTRIBUTION, INDUSTRIAL WASTE DIGESTER Thank you again for the opportunity to propose our services. If you have any questions or require any additional information, please feel free to contact our office at your convenience. cc: Job File / Chron File • Conley Engineering, Inc. Page 8 EXHIBIT "B" • . SCHEDULE OF RATES FOR Pharmer Engineering, LLC and theirSub - Consultant Conley Engineering Inc. Invoices include all labor charges, other direct costs, and costs associated with support services. Charges include only those services directly attributable to the execution of the work per Section 4 of the City of Yakima and Pharmer Engineering Professional Services Agreement. Rates by labor category are as follows: Pharmer Engineering, LLC Hourly Rate Schedule 2011 Employee Classification Hourly Rate Engineer /Specialist VI $160 Engineer /Specialist V $150 Engineer /Specialist IV $130 Engineer /Specialist III $115 Engineer /Specialist 11 $105 Engineer /Specialist 1 $ 98 Technician /IT Manager IV $120 Technician III $ 83 41) Technician 11 $ 70 Construction Inspector III $ 85 Construction Manager IV $ 98 Administrative Assistant $ 65 Conley Engineering Inc. Hourly Rate Schedule 2011 Employee Classification Hourly Rate Principal Engineer /City $145 Senior Professional Engineer $135 Professional Engineer $120 Registered Communications $110 Distribution Designer (RCDD) Project Engineer $100 Cad Designer $ 90 Cad Technician $ 80 Engineering Technician $ 80 Administrative $ 55 Subcontractor costs will be invoiced at cost. Other direct costs, including materials, travel, and subsistence will be invoiced at actual cost. • Exhibit "B" Page 1 of 1 Exhibit "A" City of Yakima Wastewater Treatment Consulting services Pharmer Engineering scope of work WORK PACKAGE 1— Power Distribution Project and Industrial Waste Treatment DESCRIPTION OF PROJECT Include preliminary design, final design, bidding -phase services and construction management associated with wastewater treatment plant (WWI?) improvements identified in the 2004 Wastewater Facility Plan and Amendments for Power Distribution Upgrades on the North side of the Plant and the installation of an Industrial Waste Anaerobic process TASK 1— Design Development and Detailed Implementation Plan A. North End Power Distribution System — The north end electrical distribution equipment is intended to be replaced as part of a continuing upgrade. Existing equipment has been in -use past its useful equipment life and now presents a moderate to severe risk of failure. 1. General Intent: Develop preliminary and detailed design for power distribution, additional standby power, electrical building and additional plant outdoor lighting. Determine major electrical equipment space requirements. Lay out corridors for major conduits in buildings and on the site; locate cable and conduit, vaults. Develop a power distribution concept and determine equipment ratings and sizes. Prepare power distribution functional diagram and switchgear schematics as applicable. Prepare preliminary P&Ids. Develop final design documents. 2. Specific Scope of Work — Electrical. Specific electrical design scope of work is detailed in Exhibit A — Attachment 1 3. Specific Scope of Work - General. Provide improvements to buildings and structures including the following: Influent Building, Headworks/Screening Buidling, Sludge Transfer Building, Chlorination Building, Degritter Pump Station Building. a. Provide demolition plans to support north end electrical distribution b. Retrofit buildings for upgraded HVAC for NFPA820 Compliance. Retrofit buildings with upgraded ventilation and sensory equipment for NFPA820 and electrical code. c. Provide new structural/architectural details. d. Provide building and fuel storage for backup diesel generator. B. New Industrial Waste Anaerobic process =- The City of Yakima recently went through an evaluation that considered industrial treatment options as a means to redirect loads that are currently treated through primary, secondary, and biosolids handling treatment processes. The conclusion was that industrial treatment of food waste would increase the reliable plant capacity and, in so doing, help delay large capital projects. The evaluation concluded with three potential treatment technologies as remaining alternatives. 1 1. General Intent. Assist Yakima staff with selection of anaerobic process for separating industrial waste from existing aerobic processes. Establish the design flow, maximum flow, and flow ranges and patterns for the unit process being designed, including as appropriate, phased expansion. Develop process flow schematic showing process components including sludge handling systems, pumping stations, flow meters, and points of chemical feed. Identify odor control equipment (if required) to be provided and areas and points of application. Evaluate alternative layouts and develop preliminary site plan. Develop SCADA and computerized control systems. Develop final design documents. 2. Specific Scope of Work a. Project Management. Will provide contract administration, payment review, schedule tracking. Pharmer will be the contract lead with the City and will provide overall project management and design coordination. b. Preliminary Design. Predesign activities will include further analysis of alternatives of high rate and medium rate alternatives. Each of the following alternatives seemed comparable on capital costs. Those costs will be refined. The medium rate (continuously stirred tank reactor — CSTR) alternative as a custom engineered system had additional potential merit in that it can serve as backup capacity for the existing digesters. The disadvantage of the CSTR is there is less experience in North America with the solids/liquids separation step for anaerobic suspended growth solids. Activities during the predesign will include: • On -site meetings / workshops (two) • Unit process evaluations with cost estimates • Site visits to facilities with candidate technologies • Draft report preparation • Final report production The predesign product will be a predesign report that documents the unit process comparisons, brings forward the selected alternative, predesign level cost estimates and drawings that include a civil site plan, process flow diagram, process mechanical plans, and predesign level process and instrumentation diagram. c. Detailed Design. The custom engineered CSTR alternative will require the greatest amount of engineering labor and so will be used as the basis for labor /fee development. If a high rate system such as the UASB alternative is selected, the level of effort will be considerably less because of a greater amount of vendor provided process. The CSTR alternative is generally defined by the process flow diagram provided in the January 7, 2011 memorandum, provided here as Attachment A -2. It is generally. composed of an industrial flow lift station at the industrial waste pump station, influent screening, a flow equalization tank, digester feed pumps, two stage heat exchangers, two anaerobic digesters, two dissolved air flotation units, associated recycle pumping, effluent and biosolids delivery, and biogas delivery over to the boiler area. 2 The design is assumed to be completed through the second and third quarters of 2011 with bid ready documents in the fourth quarter of 2011. This will set the stage for a single construction season in 2012. Pharmer will provide and coordinate the design process that includes the following elements: • General Design Elements. General equipment schedules and a hydraulic profile. • Civil Design. Pharmer will provide civil design that includes any road access improvments, building siting, process yard piping, storm drain design, any extension of fire loop as required, and a storm water pollution prevention plan. • Geotechnical. Engineering. Pharmer will contract with a geotechnical engineering subconsultant to complete a geotechnical investigation to support structural design. • Survey. Pharmer will provide an area survey around the digesters to support the design. The surveyor will ensure there are temporary bench marks near the new facilities to facilitate construction surveying by the construction contractor. • Process Mechanical. Pharmer will complete the process mechanical design, including process and utilities- related piping, pumping and storage. • Architectural. Pharmer will provide architectural design through a regular Pharmer subcontractor. The architect will provide building details for the digester control building and will facilitate building permit elements. • Structural. Pharmer will provide structural design through a regular Pharmer subcontractor. Structural design will include the digester control building, tank foundations for bolted steel tanks, and an small miscellaneous facilities. • Mechanical HVAC. Pharmer will provide HVAC design through a regular Pharmer subcontractor. The HVAC system will comply with NFPA 820. • Instrumentation and Control. Pharmer will complete the process level development and Conley Engineering Inc will complete the I&C. elements for process and instrumentation diagrams. Conley will complete the remaining elements associated with I &C design to accommodate control architecture and philosophy at the Yakima Regional WWTP. Conley will work as a subconsultant through Pharmer. • Electrical. Conley Engineering Inc. will provide electrical design for the systems described in the Project Basis above, including power supply and MCC configuration. • Drawings and Specifications. This project is expected to delivered in a conventional design/bid/build method and will comply with public bidding requirements. Two to three design progress submittals are expected for drawings. Technical specifications will be provided to support equipment and 3 • construction requirements. Front end contract conditions are expected to use EJCDC general conditions. TASK 2 - Bid Support services - We anticipate two separate bids. One for the North End Power Distribution and one for the Industrial Wastewater System. Conley Engineering Inc will provide the bulk of the bid phase services for the North End Power Distribution. We have assumed up to 25 hard copies of contract documents for distribution to contractors. We will administer distribution of contract documents, hold a pre -bid meeting on -site, answer and keep track of questions, produce addendums, attend the bid openings, review the lowest responsive bid, and recommend to the City a construction contract award. Pharmer will provide the bulk of the services for the bid phase work of the industrial wastewater system. We have assumed up to 25 hard copies of contract documents for distribution to contractors. We will administer distribution of contract documents, hold a pre -bid meeting on -site, answer and keep track of questions, produce addendums, attend the bid openings, review the lowest responsive bid, and recommend to the City a construction contract award. TASK 3 — Services During Construction Pharmer will consult with Owner and act as Owner's representative as provided in the Terms and Conditions. Owner's instructions to Contractor will be issued through Pharmer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. Constriction work is expected to be under the EJCDC standard contracts. The North End Power Distribution project is expected to be anl8 month project. The construction of the Industrial Wastewater project is expected to be an 8 month project from start to finish, beginning in the spring of 2012. A. Off -site non - resident services — Industrial Wastewater Treatment Facility. The non- resident services will be divided into a number of subtasks including clarifications, RFI's, review of requests for equals, design continuance, design changes, construction management and shop drawings. The following breakdown is true for the North End Power Distribution project as well as the new Industrial Wastewater project. 1. Industrial Wastewater Treatment Facility a) Organize and chair a pre - construction meeting b) Site Visits. Visit PROJECT site as needed to observe the general progress and quality of the work and to determine, in general, if the work is preceding in accordance with the intent of the contract documents. a) Review of Payment Requests. Pharmer will provide a secondary review of Contractor pay requests after AECOM review. b) Requests for Information (RFIs) and Clarifications. Questions come throughout construction project as formal RFIs as well as informal discussion. When the Owner has a fall time Resident Project Representative on site, many of those questions are filtered and never make it to the engineering team. Pharmer will issue necessary 4 clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. c) Requests for Equals. The process equipment for the project was selected based on past experience in North America but did not necessarily include regional specific issues related to equipment service and support. Pharmer will review equipment substitution requests on a case by case basis and make a good faith recommendation to the Owner on what is best for the Owner. d) Design Modifications and Change Orders. During the course of the construction project, the project can be expected to undergo changes related to customizing equipment into the facility, a shift in Owner intent, or other reasons unknown during the detailed design process. Pharmer will complete modifications as authorized by the Owner and provide change orders to the Contractor. e) Shop Drawing Review. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Pharmer shall meet any Contractor's submittal schedule that Engineer has accepted. 2. Industrial Wastewater Treatment Facility a) Organize and chair a pre - construction meeting b) Site Visits. Visit PROJECT site as needed to observe the general progress and quality of the work and to determine, in general, if the work is preceding in accordance with the intent of the contract documents. c) Review of Payment Requests. Pharmer will provide a secondary review of Contractor pay requests after AECOM review. d) Requests for Information (RFIs) and Clarifications. Questions come throughout construction project as formal RFIs as well as informal discussion. When the Owner has a full time Resident Project Representative on site, many of those questions are filtered and never make it to the engineering team. Pharmer will issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. e) Requests for Equals. The process equipment for the project was selected based on past experience in North America but did not necessarily include regional specific issues related to equipment service and support. Pharmer will review equipment substitution requests on a case by case basis and make a good faith recommendation to the Owner on what is best for the Owner. 5 f) Design Modifications and Change Orders. During the course of the construction project, the project can be expected to undergo changes related to customizing equipment into the facility, a shift in Owner intent, or other reasons unknown during the detailed design process. Pharmer will complete modifications as authorized by the Owner and provide change orders to the Contractor. g) Shop Drawing Review. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract. Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Pharmer shall meet any Contractor's submittal schedule that Engineer has accepted. B. On -site Resident Services. The purpose of the on -site representation is to ensure the project is being built according to the Contract Documents, provide an interface for the construction field superintendent, and document the work. North End Power Distribution project will have part time field representation. Conley Engineering will visit the site frequently to observe progress as appropriate to determine that the construction in general is performed in accordance with the contract documents. The Industrial Wastewater project will have a full time resident project representative (RPR) provided by Pharmer. The RPR will be on -site and help determine the project is built according to the Contract Documents. The RPR will provide observation, document work progress, check work, answer a very limited scope of field questions, route scope -of -work or substitution questions to the Pharmer project manager. The RPR will be single point of contact with the construction field staff and will communicate to the construction superintendent. The RPR will also ensure third party testing laboratory conduct materials testing as required. Set -up and conduct a one -day final inspection, and prepare final project deficiencies punch list. Monitor the completion of punch -list work, and inform the City about completion status and remaining General Contractor work prior to construction document closure. Monthly progress reports accompanying recommendations for payment. C. Owner and Special Inspections. International Building Code requires certain third party special inspections depending on the work. Pharmer will coordinate quality assurance testing (shop and filed). Provide technical specialists to witness and review specific construction issues in the field. Provide interpretations of the contract drawings and specifications during the construction period and evaluate requested deviations from the approved drawings and specifications. Pharmer has budgeted a nominal amount for regular compaction and concrete testing in addition new special inspection requirements related to 2009 IBC. Compliance with the new IBC is considerably more rigorous than in the past so building permit official interpretation of IBC special inspection will have a strong influence on final special inspection costs. • 6