HomeMy WebLinkAboutR-1990-D5723 HDR Engineers, Inc. RESOLUTION NO. 5 ` 2 3
A RESOLUTION authorizing the execution of Amendment #5 to the
agreement with HDR Engineers, Inc., consulting
engineers, for professional engineering services.
WHEREAS, additional consulting engineering services are required to
provide assistance to the City of Yakima to provide finalized design services
and subsequent construction engineering services as outlined in Contract
Amendment #5, Exhibits F -1 and F -2 found necessary to successfully
accomplish the goals of the "1990 Grants Projects" and the Comprehensive
Sewer Plan, and
WHEREAS, HDR Engineers, Inc., consulting engineers, has agreed to
perform those additional services in accordance with the provisions, terms and
conditions of Amendment #5 to the agreement document; and the City Council
deems it to be in the best interests of the City that the attached Amendment #5
to the agreement document be executed for that purpose, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #5 to the agreement with HDR
Engineers, Inc., consulting engineers, for the purposes mentioned above, a
copy of which Amendment #5 entitled "Amendment #5 To Agreement For
Professional Engineering Services at the Yakima Regional Wastewater
Treatment Plant Between City of Yakima and CWC -HDR Engineers, Inc. ", is
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this T day of )o\' 1990.
MAYOR
ATTEST:
V''1 c_
CITY CLERK
Legal/bd
Resolutions
RES B1
March 12, 1990
Mr. Chris Waarvick
Yakima Regional WWTP
2220 East Viola
Yakima, WA 98901
Re: Yakima Regional WWTP
Consulting Agreement
Dear Chris:
Enclosed are three copies of Amendment Number 5 to our agreement with the City of
Yakima for design and construction services. Also attached is one copy of the original
agreement and amendments number 1 through 4 for your review.
Amendment No. 5 incorporates the following services:
1. Provides for completion of design plans and specifications for improvements
proposed at the treatment plant and Rudkin Road pumping stations. All work
associated with the activated sludge clarifier will be deleted from this set of plans
and specifications. The current design plans and specifications for the activated
sludge clarifier can be assembled at a later date for issuance as a separate project.
2. Provides for bidding services of the modified project. The tentative date for
advertisement for this project is April 15, 1990 (City of Yakima to confirm).
3. Provides for construction services (includes resident inspection) of the modified
project for a 12 month construction period. The tentative date for construction to
begin on this project is July 1, 1990.
4. Provides for preparation of an updated and comprehensive operation and
maintenance manual. This manual will be provided in hardcopy as well as
computer disk (compatible with City's equipment and software).
5. Provides for extensive plant startup and operator training in cooperation with the
City's staff.
HDR Engineering, Inc. Suite 200 Telephone
Lincoln Plaza 206 453 -1523
11225 S E. Sixth Street, Building C
Bellevue, Washington
98004 -6441
Mr. Chris Waarvick
Yakima Regional WWTP
March 12, 1990
Page Two
6. Provides for plant performance testing during startup and extended services during
the one year warrantee period.
This agreement incorporates certain services to be provided by our subconsultants
including geotechnical services (Landau Associates, Inc.), surveying and staking services
(Thomas /Wright, Inc.), material testing services (Hong Consulting Engineers, Inc.), and
graphics and presentation services (Technical Communications Consultants). As
constructed drawings will be provided on mylar upon completion (incorporates record
drawings of existing plant plans).
Please review the enclosed Amendment No. 5. If you have any questions, please give
me a call. Upon approval by the Council, please have Mr. Zais sign at each of the
yellow tabbed locations. Please return one fully executed copy to our office with your
official notice to proceed.
We look forward to this opportunity to again be of service to the City of Yakima.
Very truly yours,
HDR ENGINEERING, INC.
j, A} " 1
Anthony H. Krutsch
Vice President
AHK:ks
enclosure
AMENDMENT NO. 5
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AMENDMENT, made and entered into this )` day of WJ,I.N -, J■ 1990,
by and between the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the
"OWNER" and CWC -HDR, Inc., a Nebraska Corporation with a license to practice
in the State of Washington and with a place of business at Lincoln Plaza,
Building C - Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004, hereinafter
referred to as the "ENGINEER ".
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22,
1988, as amended August 24, 1988, January 25, 1989, March 16, 1989, and August
10, 1989 for professional engineering services for system improvements at the
Yakima Regional Wastewater Treatment Plant, hereinafter referred to as the
"PROJECT "; and
WHEREAS, the OWNER and ENGINEER have identified certain changes in the Final
Design of improvements at the Wastewater Treatment Plant since the initial
authorization to proceed, certain schedule changes to construction resulting
from grant assistance financing delays, requests for modifications of the
Facility Plan Update by WDOE, ongoing discussions with WDOE and EPA regarding
project element eligibility for grant assistance, and other project elements;
and
WHEREAS, the OWNER wishes to continue the services of the ENGINEER during the
Bidding Phase and Construction Phase after careful evaluation of proposals for
such services in conformance with WDOE and EPA guidelines; and
WHEREAS, the WDOE and EPA have requested that certain clarifying language be
added; and
WHEREAS, the OWNER and ENGINEER have identified the need for Additional
Services as set forth in SECTION 2 - ADDITIONAL SERVICES during the
construction phase of the PROJECT; and
WHEREAS, the OWNER has requested that the ENGINEER provide ADDITIONAL SERVICES
and facilities necessary to accomplish the Additional Services during the
construction phase of the PROJECT as set forth in the Scope of Work, Exhibit
F, attached hereto;
1
NOW THEREFORE, in consideration of the terms, conditions and covenants of
performance contained or incorporated herein, the OWNER and ENGINEER agree
that the Agreement shall be amended pursuant to 1.3 and 7.12 of the Agreement
as follows:
1. GENERAL - In case of conflict between Exhibit F and the Agreement, the
Scope of Work as defined in Exhibit F will have preference.
2. SECTION 1 - BASIC SERVICES, subparagraph 1.2.12. Delete "...John
Koch..." and substitute "...Anthony Krutsch..."
3. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.3. Add the following to the end of this subparagraph.
"Engineering surveys and staking to enable the Contractor to proceed with
their work, and other special surveys as identified in Exhibit F are
incorporated in the Construction Services to be performed on the PROJECT,
and shall be compensated therefore as mutually agreed between the OWNER
and ENGINEER as set forth in this Agreement. The ENGINEER shall
subcontract surveying services for the PROJECT to Thomas/Wright, Inc."
4. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.8. Add the following to the end of this subparagraph.
"The ENGINEER shall subcontract geotechnical engineering services for the
PROJECT as identified in Exhibit F to Landau Associates, Inc. The
ENGINEER shall subcontract laboratory and field materials testing or
special inspections for the PROJECT as identified in Exhibit F and the
Construction Contract to Hong Consulting Engineers, Inc. Services
defined herein are incorporated in Construction Services to be performed
on the PROJECT. The ENGINEER shall be compensated therefore as mutually
agreed between the OWNER and ENGINEER as set forth in this Agreement."
5. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.18. Add the following to the end of this subparagraph.
"Plant Startup, Plant Performance Demonstration and Extended Services as
identified in Exhibit F are incorporated in the Construction Services to
be performed on the PROJECT, and shall be compensated therefore as
mutually agreed between the OWNER and ENGINEER as set forth in this
Agreement."
6. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.19. Add the following to the end of this subparagraph.
"Extended Services during the first year of operation as identified in
Exhibit F are incorporated in the Construction Services to be performed
on the PROJECT, and shall be compensated therefore as mutually agreed
between the OWNER and ENGINEER as set forth in this Agreement."
7. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.21. Add the following to the end of this subparagraph.
"To the extent identified in Exhibit F and in cooperation with the OWNER,
services provided herein are incorporated in the Construction Services to
be performed on the PROJECT, and shall be compensated therefore as
mutually agreed between the OWNER and ENGINEER as set forth in this
Agreement. The ENGINEER shall subcontract certain services defined
herein for the PROJECT to Technical Communications Consultants."
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8. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.22. Add the following to the end of this subparagraph.
"Operating, maintenance and staffing manuals as identified in Exhibit F
are incorporated in Construction Services to be performed on the PROJECT,
and shall be compensated therefore as mutually agreed between the OWNER
and ENGINEER as set forth in this Agreement. The ENGINEER shall
subcontract certain services defined herein for the PROJECT to Technical
Communications Consultants."
9. SECTION 2 - ADDITIONAL SERVICES, paragraph 2.3 Other Additional Services,
subparagraph 2.3.23. Add the following to the end of this subparagraph.
"Operator Training, to the extent identified in Exhibit F and in
cooperation with the OWNER, services provided herein are incorporated in
the Construction Services to be performed on the PROJECT, and shall be
compensated therefore as mutually agreed between the OWNER and ENGINEER
as set forth in this Agreement."
10. SECTION 4 - PERIODS OF SERVICE, paragraph 4.2 as amended. Add the
following at the end of the paragraph "...but not exceeding twelve (12)
months from the start of Construction."
11. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.3 as amended. Delete
in its entirety and add the following:
"5.1.3 For Preliminary Design and Final Design as described in paragraph
1.4 and paragraph 1.5 for Item 1 Trickling Filter Pumping Station,
payment shall be a LUMP SUM of One Hundred Twelve Thousand Dollars
($112,000)."
12. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.6 as amended. Delete
"...Six Hundred Twenty -Two Thousand Seven Hundred Dollars ($622,700)...
and substitute the following:
"...Seven Hundred Thirty -Two Thousand One Hundred Dollars ($732,100)..."
13. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.7 as amended. Delete
in its entirety and add the following:
"5.1.7 For Bidding Phase Construction Services, as described in paragraph
1.6 for Item 1 through Item 8 (Except Item 5 Secondary Clarifiers) and as
further described in Exhibit F, payment will be based on a COST PLUS
FIXED FEE. The estimated COST for Bidding Phase Construction Services is
$88,040. The FIXED FEE for Bidding Phase Construction Services shall be
Eleven Thousand Two Hundred Seventy Dollars ($11,270.00)."
14. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.8 as amended. Delete
"...Phase- Administration of the Construction Contract..." and insert
"...Phase Construction Services..." in the first line. In the second
line following "...Item 8" insert "and as further described in Exhibit
F ".
15. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.8 as amended. Delete
the last two sentences and add the following:
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"The estimated COST for Construction Phase Construction Services is
$439,104. The FIXED FEE for Construction Phase Construction Services
shall be Seventy Thousand Two Hundred Fifty -Six Dollars ($70,256.00)."
16. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.9 as amended. Delete
in its entirety and add the following:
"5.1.9. For Construction Inspection Construction Services as described
in paragraph 2.2 for Item 1 through Item 8 (Except Item 5 Secondary
Clarifiers) and as further described in Exhibit F, payment will be based
on a COST PLUS FIXED FEE. The estimated COST for Construction Inspection
Construction Services is $206,820. The FIXED FEE for Construction
Inspection Construction Services shall be Thirty -One Thousand Twenty -
Three Dollars ($31,023).
5.1.10. For Materials Testing Construction Services as described in
Exhibit F, payment will be based on a COST PLUS FIXED FEE. The estimated
COST for Materials Testing Construction Services is $83,654. The FIXED
FEE for Materials Testing Construction Services shall be Seven Thousand
Five Hundred Dollars ($7,500.00).
5.1.11. For Operation and Maintenance Manual Construction Services as
described in Exhibit F, payment will be based on a COST PLUS FIXED FEE.
The estimated COST for Operation and Maintenance Manual Construction
Services is $118,231. The FIXED FEE for Operation and Maintenance Manual
Construction Services shall be Eleven Thousand Eight Hundred Twenty -Three
Dollars ($11,823.00).
5.1.12. For Plant Startup and Operator Training Construction Services as
described in Exhibit F, payment will be based on a COST PLUS FIXED FEE.
The estimated COST for Plant Startup and Operator Training Construction
Services is $77,969. The FIXED FEE for Plant Startup and Operator
Training Construction Services shall be Nine Thousand Eight Hundred and
Ninety -One Dollars ($9,891.00).
5.1.13. For Plant Performance Demonstration Construction Services as
described in Exhibit F, payment will be based on a COST PLUS FIXED FEE.
The estimated COST for Plant Performance Demonstration Construction
Services is $51,530. The FIXED FEE for Plant Performance Demonstration
Construction Services shall be Eight Thousand Eighty Dollars ($8,080.00).
5.1.14. For Extended Services Construction Services as described in
Exnibit F, payment will be based on a COST PLUS FIXED FEE. The estimated
COST for Extended Services Construction Services is $46,206. The FIXED
FEE for Extended Services Construction Services shall be Seven Thousand
Five Hundred Dollars ($7,500.00).
5.1.15. For Communication and Coordination Construction Services and
Project Management Construction Services as described in Exhibit F,
payment will be based on a COST PLUS FIXED FEE which COST's and FIXED
FEE's shall be included in payments for services as herein before
described."
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17. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.3.3. Delete in its
entirety.
18. SECTION 5 - PAYMENTS TO ENGINEER, following subparagraph 5.3.4. Add the
following:
"5.3.5. Compensation for work and services shall be on a COST PLUS FIXED
FEE basis. Compensation shall be the sum of direct labor COSTS, indirect
COSTS, other direct COSTS and a FIXED FEE, as described below.
Compensation to be paid is identified on the "Cost Summary" form, which
is attached hereto as Exhibit G and incorporated herein by this
reference.
5.3.5.1. Direct labor COSTS shall be the total number of hours worked on
the PROJECT by each employee multiplied by the regular time rate for such
employee. Time rates shall be subject to adjustments. No overtime or
premium rates of pay shall be paid by the OWNER on the work and services
performed by the ENGINEER without the prior written approval of OWNER.
5.3.5.2. Indirect COSTS shall be the product of all direct labor COSTS
multiplied by an overhead rate. The parties agree that an overhead rate
of 156.7% shall be used during the term of this Agreement. Said overhead
rate may be adjusted annually during the term of the Agreement. The
ENGINEER shall submit' accounting data justifying such adjustments as
outlined in Section 5.5, Audit and Access to Records, based on historical
costs over the preceding fiscal year. Proposed rates may be subject to
the OWNER, WDOE, and EPA audits of submitted data.
5.3.5.3. Other direct COSTS shall be billed at cost, without markup, by
the ENGINEER and shall include the costs and expenses actually incurred
by the ENGINEER for PROJECT work.
5.3.5.3.1. Travel costs, including transportation, lodging, subsistence
and incidental expenses incurred by employees of the ENGINEER and each of
the Subconsultants in connection with PROJECT work; provided, as follows:
a. that local travel shall be by bus, taxi or rental car;
b. that a maximum of 30.0 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 PROJECT work;
c. that reimbursement for meals inclusive of tips shall not exceed
a maximum of $35 per day per person;
d. that accommodation shall be at a reasonably priced hotel /motel
and;
e. that air travel shall be by coach class.
5.3.5.3.2. Cost for equipment, materials and supplies, including but not
limited to: approved equipment rental; telephone, telegraph and cable
expenses; reproduction costs including blueprinting, photographing,
5
telecopying, mimeographing, photocopying and printing; express charges;
commercial printing, binding, artwork and models; computer charges; and,
computer programming and keypunching costs.
5.3.5.3.3. Authorized Subconsultant services; provided, that the
limitations set forth in subparagraph 5.3.5.3 above shall be applicable
to such Subconsultant services. Subconsultant services are to be
provided to the ENGINEER on a COST PLUS FIXED FEE basis.
5.3.5.3.4. Other direct costs, if any, not included above but which have
approval of the OWNER.
5.3.5.4. The OWNER shall pay the ENGINEER a FIXED FEE, which amount
shall not exceed a maximum total sum of One Hundred Fifty -Seven Thousand
Three Hundred Forty -Three Dollars ($157,343.00) (hereinafter called FIXED
FEE). It is understood and agreed that the FIXED FEE is a fixed amount
which cannot be exceeded because of any differences between the actual
costs of performing the work required by this Agreement, except as
adjusted as provided herein. Exhibit G contains a Budget estimate for a
level of effort for the tasks as currently defined. It is understood and
agreed that the FIXED FEE is only due and payable for PROJECT work for
which the OWNER has given notice to proceed and which has been
satisfactorily completed by the ENGINEER.
5.3.5.5. The FIXED FEE will be prorated and paid monthly in proportion
to the PROJECT satisfactorily completed. The proportion of work
performed shall be documented by invoices and shall be determined by a
ratio of the total costs to date compared to the estimated total cost of
the entire PROJECT services less profit. A payment for an individual
month shall include that portion of the FIXED FEE allocable to the
PROJECT performed during said month and not previously paid. Any portion
of the FIXED FEE not previously paid in the monthly payments shall be
included in the final payment.
5.3.6. No later than the 15th day of each calendar month, the ENGINEER
shall submit to the OWNER an invoice for payment for PROJECT work
completed to the end of the previous month. Such invoices shall be for
work performed subsequent to that work covered by all previously
submitted invoices and shall be computed pursuant to the rates and
limitations set forth hereinabove. Invoices shall detail the work by
task, hours, employee name, and level for which payment is being
requested. Receipts and Invoices for Other Direct Costs for which
reimbursement is being requested can be furnished upon request. Within
thirty (30) days of receipt of an invoice, and upon approval of the work
done and amount billed, the OWNER will pay the amount of the invoice so
approved. Copies of all invoices submitted by the authorized
subcontractors, associates, or subconsultants shall be submitted to the
OWNER with the monthly invoice."
19. The terms, conditions and covenants of performance set forth in the
Agreement are only amended as specifically set forth in Amendment No. 1,
Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5.
6
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective authorized officers or representatives as the day
and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: �_� Approved to form:
Name: Richard A. Zais, Jr. �.
Title: City Manager itness:
Address: 129 North 2nd Street ,k« vim_, K .41- -e/Lia l Cyl,c_
Yakima, Washington 98901 Karen S. Roberts, City
City Contract No. C/C)--I /i -50-3
"ENGINEER"
CWC -HDR, INC. fr
By: �� fire �1
wro-
Name: Gary L. Bleeker
Title: Vice President
Address: Lincoln Plaza
Building C - Suite 200
11225 SE Sixth Street
Bellevue, WA 98004
State of Washington
County of King
I certify that I know or have satisfactory evidence that Gary L. Bleeker
signed this instrument and on oath stated that he was authorized to execute
the instrument and acknowledged it, as the Vice President of CWC -HDR, Inc., to
be free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
,05 Date: !az
`ota y Publi in and for t hy/
St. e of Washington, residing at
Seattle, Washington. My
commission expires 9 -1 -91.
7
APPENDIX
EXHIBIT F -1
SCOPE OF WORK
CONSTRUCTION SERVICES
PHASE III - ENGINEERING SERVICES DURING BIDDING PHASE
In Phase III - Bidding Phase, the ENGINEER will accomplish the following
general goals:
Task III -1 - Bidding Phase
The ENGINEER will conduct a final review of the Construction Contract for
constructibility and buildability, and will review special contract provisions
regulating time extensions, project construction scheduling and reporting,
progress payments, shop drawing schedules, superintendence requirements, field
orders and change proposal requests, change orders and non - conformance reports
with our legal staff.
The ENGINEER will prepare a final estimated construction schedule indicating
key milestone dates and performance expectations for the Contractor, and
update the Opinion of Probable Construction Cost for the "PROJECT ".
The final design will be in accordance with applicable provisions of Chapter
90.48 RCW and Chapter 173 -240 WAC. Coincident with submission to the OWNER
for final review, a complete set of drawings and specifications will be
submitted to WDOE, EPA, and local agencies for review, comments, and approval.
The ENGINEER will meet with the agencies to discuss their concerns and
requirements.
All comments received from the WDOE and EPA staff will be considered, and a
written response will be prepared. The proposed responses will be discussed
with the OWNER prior to finalizing the response to each WDOE and EPA comment.
All changes that are accepted will be incorporated into the final Construction
Contract consisting of final drawings, technical specifications, general and
special conditions, proposal, and legal documents and conditions as deemed
necessary.
The ENGINEER will assist the OWNER in advertising for, and obtaining
proposals, or negotiating proposals for, each Construction Contract for
construction, materials, equipment and services. The ENGINEER will prepare an
agenda and send written notification of the prebid conference to project plan
holders, utilities and permitting agencies.
The ENGINEER will issue addenda as appropriate to interpret, clarify or expand
the Bidding Documents.
8
•
The ENGINEER will consult with OWNER concerning, and determine the
acceptability of, substitute materials and equipment proposed by Contractor(s)
when substitution prior to the award of contracts is allowed by the Bidding
Documents.
The ENGINEER will attend the bid opening, prepare bid tabulation sheets, and
assist OWNER in evaluating bids or proposals, and in assembling and awarding
contracts for construction, materials, equipment or services.
The ENGINEER will prepare a Quality Assurance (QA) plan in accordance with
WDOE guidelines. The draft QA plan will be submitted to the OWNER and WDOE no
later than 30 days prior to the start of construction.
The OWNER will distribute sets of the Construction Contract to plan rooms and
to bidding Contractors, and will publish legal announcements in appropriate
newspapers.
Additional copies of the Construction Contract, over the 40 supplied in the
Final Design Phase, and half -size sets of PROJECT plans will be provided
during the Bidding Phase at the OWNER's request. A total of 100 full -size
Construction Contracts are provided for in this Agreement. A total of 100
half -size sets of PROJECT plans are provided for in this Agreement.
9
APPENDIX
EXHIBIT F -2
SCOPE OF WORK
CONSTRUCTION SERVICES
PHASE III - ENGINEERING SERVICES DURING CONSTRUCTION AND STARTUP
In Phase III, Construction and Startup, the ENGINEER will accomplish the
following general goals:
Task III -2 - Construction Phase
The ENGINEER will consult with, advise, and act as the OWNER's representative
as set forth herein and as provided in the General Conditions and
Supplementary General Conditions of the Construction Contract. All of the
OWNER's instructions to the Contractor will be issued through the ENGINEER,
who will have authority to act on behalf of the OWNER to the extent provided
in said documents except as otherwise provided in writing. The 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 Construction Contract. The ENGINEER will not be
responsible for the construction means, methods, techniques, sequences,
procedures, or the safety precautions incident thereto.
The OWNER will have final approval of construction change orders, claims,
progress payments, and the final acceptance of the constructed project.
The OWNER will appoint a representative to observe the progress of the work,
assist the ENGINEER in expediting change orders, progress payments and claims,
and shall receive copies of all correspondence and submittals to Contractor
and from Contractor. The representative will coordinate WDOE grants and
activities with the OWNER.
The ENGINEER will use its best efforts so that the completed project will
conform to the requirements of the Construction Contract, but the ENGINEER
will not be responsible for the Contractor's failure to perform the
construction work in accordance with the Construction Contract. During site
visits, and on the basis of the ENGINEER's on -site observotions as an
experienced and qualified design professional, the ENGINEER will keep the
OWNER informed of the progress of the work, will endeavor to alert the OWNER
to defects and deficiencies in the work of the Contractor, and may disapprove
or reject work as failing to conform to the Construction Contract. The
ENGINEER will provide the OWNER, on a monthly basis, an update on the
construction schedule (CPM), projected project cash flow, and project status
report.
10
The ENGINEER may disapprove of, or reject, Contractor's work while it is in
progress if the ENGINEER believes that such work will not produce a completed
project that conforms generally to the Construction Contract or that it will
prejudice the integrity of the design concept of the project as reflected in
the Construction Contract. The ENGINEER will, at all times, have access to
the work wherever it is in preparation or progress.
The ENGINEER will, in a timely manner, review and approve, or take other
appropriate action, in respect to Shop Drawings, samples and other data which
the Contractor is required to submit, but only for conformance with the design
concept of the project and compliance with the information given in the
Construction Contract. The ENGINEER will consult with the OWNER prior to
approving major equipment items. The ENGINEER will evaluate and determine the
acceptability of substitute materials and equipment proposed by the
Contractor.
The ENGINEER will have authority, as the OWNER's representative, to require
special inspection or testing of the work, and shall receive and review all
certificates of inspections, testings and approvals required by laws, rules,
regulations, ordinances, codes, orders of the contract documents to determine
generally that their content complies with the requirements of, and the
results certified indicate compliance with, the Construction Contract.
The ENGINEER will act as initial interpreter of the requirements of the
Construction Contract and judge the acceptability of the work thereunder and
make recommendations to the OWNER on all claims of the OWNER and Contractor
relating to the acceptability of the work or the interpretation of the
requirements of the Construction Contract pertaining to the execution and
progress of the work. Based on the ENGINEER's on -site observations as an
experienced and qualified design professional and on the ENGINEER's review of
the Contractor's applications for payment and supporting data, the ENGINEER
will estimate the amount owing to the Contractor and approve and recommend in
writing to the OWNER payment to the Contractor in such amounts. Such approval
of payment will constitute a representation to the OWNER, based on such
observations and review, that the work has progressed to the point indicated
and that, to the best of the ENGINEER's knowledge, information and belief, the
quality of the work is in accordance with the Construction Contract (subject
to an evaluation of the work as a functioning project upon substantial
completion, to the results of any subsequent tests called for in the
Construction Contract and to any qualifications stated in his approval), but
by approving an application for payment, the ENGINEER will not be deemea to
have represented that the ENGINEER has made any examination to determine how
or for what purposes the Contractor has used the moneys paid on account of the
Contract Price.
The ENGINEER will receive and review maintenance and operating instructions,
schedules, guarantees, bonds and certificates of inspection, tests and
approvals which are to be assembled by the Contractor in accordance with the
Construction Contract to determine that their content complies with the
requirements of, and in the case of certificates of inspection, tests and
approvals, the results certified indicate compliance with the Construction
Contract; and shall transmit them to the OWNER with written comments.
11
The ENGINEER will update the Plan of Operation, prepared as part of the EPA
grant application, within 30 -days of start of construction, and 30 -days prior
to completion of Phase I construction, and submit to the OWNER, WDOE, and EPA.
The ENGINEER will conduct a construction review to determine if the work is
substantially complete and a final construction review to determine if the
completed work is acceptable so that the ENGINEER may recommend, in writing,
final payment to the Contractor and may give written notice to the OWNER and
the Contractor that the work is acceptable subject to any conditions therein
expressed.
Throughout the construction of the project, the ENGINEER's key personnel,
directly responsible for the design, specifications, and selection of
equipment and materials for the Process Design and Facility Design, along with
the Project Manager, will make field inspections at the appropriate time to
review work being performed, completed, and placed into operation which are
part of their design responsibilities. These individuals, acting through the
Project Manager, will determine if the intent of the design is being met.
The ENGINEER will prepare a set of reproducible record prints of drawings
showing those changes made during the construction process, based on the
marked -up prints, drawings and other data furnished by the Contractor to the
ENGINEER as required by the Construction Contract.
The ENGINEER will coordinate construction activities with the OWNER and the
operation of the existing plant so that discharge requirements can be met
throughout the construction period, and so that the needs of the operating
staff are met.
The ENGINEER will recommend to the OWNER the issuance of a Certificate of
Substantial Completion when the work, or a portion thereof, constituting a
separately functioning process or facility, has progressed to the point where
it is sufficiently complete, in accordance with the Construction Contract, so
that it can be utilized for the purposes for which it is intended or when
final payment is due. Before the ENGINEER recommends a Certificate of
Substantial Completion, he will submit to the Contractor a list of observed
items requiring correction ( "punch list "). A final inspection will be
conducted in the company of the Project Manager, representatives from the
OWNER, EPA, WDOE, and the Contractor, and a final list of items to be
corrected will be prepared. The ENGINEER will verify that items on the final
list have been corrected and make recommendations to the OWNER concerning
acceptance.
The ENGINEERING will prepare final project report incorporating the following
information:
. Total project cost and expenditures analysis
. Analysis of actual project progress against scheduled milestones
. Analysis of the cost associated with delays and change orders
. Summary of startup, close out and acceptance
12
. Summary of Contractor, Subcontractor and equipment supplier
performance.
Task III - 3 - Construction Inspection
The ENGINEER will provide one full time on -site representative during the
construction period. Full time on -site representation is generally defined as
having a representative on site when work is in progress. The duties,
responsibilities, and limitations of authority of such field representatives
shall be as described in the General Conditions and Supplementary General
Conditions of the Construction Contract. Dealings generally will be with the
Project Manager, OWNER's representative, and the Contractor. Contact with
Subcontractors and suppliers will be done, through, or with the full knowledge
of the general Contractor. Activities and responsibilities defined in the
Construction Contract includes:
. Scheduling
. Conferences
is Liaison
. Shop Drawings and Samples
. Review of Work, Rejection of Defective Work, Inspections and Tests
. Interpretation of Project Manual
. Modifications
. Records
. Payment Requisitions
Task III - 4 - Materials Testing
The ENGINEER will retain an independent laboratory for conducting laboratory
and field testing of materials. Soil testing and concrete testing are the two
major material testing efforts. Other testing will be conducted on paving,
roofing, welds, and paint thickness as defined by the Construction Contract.
The ENGINEER will require manufacturers of equipment to verify appropriate
installation of their goods. Manufacturers of specialized equipment will be
required to provide on -site training of the plant personnel for operation and
maintenance. Some equipment, such as sludge dewatering devices, and
instrumentation will be required to meet demonstrated performance criteria.
The ENGINEER will coordinate all testing, analyze the results, direct any
added testing required as a result, and provide written reports of the results
to the OWNER. The ENGINEER will travel as required, and as approved by the
OWNER, to any suppliers or manufacturers where on -site inspection of items is
required prior to shipment.
13
Task III -5 - Prepare Operation and Maintenance Manual
The ENGINEER will prepare an Operation and Maintenance (0 &M) manual which will
describe the procedures for the proper operation and maintenance of the
various treatment plant functions. A draft manual will be prepared by the 50
percent completion of plant construction and finalized six weeks before
startup.
The manual will meet all OWNER, WDOE and EPA requirements. The 0 &M Manual
will describe a preventative maintenance program, an inventory control
program, and list the parts, supplies and tools necessary for proper plant
maintenance. The 0 &M Manual will also describe monitoring of the plant
performance and equipment performance. The ENGINEER will provide 10 copies of
the manual to the OWNER.
Task II1 -6 - Plant Startup and Operator Training
The ENGINEER will submit a startup program to the OWNER approximately three
(3) months before startup. After review and comment by the OWNER, the startup
program will be initiated. The ENGINEER will work with the OWNER's staff to
assess startup and performance and will adjust the program as required. The
ENGINEER will provide assistance for the first month of continuous operation.
Operator training will begin approximately (6) six weeks before plant startup,
although informal instruction and conferring with the OWNER's staff will occur
throughout the Construction Contract. The ENGINEER will provide the
instruction and training of the OWNER's operating and engineering staffs in
operation, maintenance, controls and data collection, and testing of the new
facilities. The instruction will cover both theory and practical operation of
all processes under both normal and abnormal conditions and will include
instruction of the operating staff in requisite maintenance work. Classroom
and field instruction will be designed to cover the 0 &M manual. The ENGINEER
will conduct five such training sessions, each approximately 4 hours in length
prior to startup. Additional operator training will be provided by the
equipment manufacturer. This training will cover the details of equipment
maintenance and machine operation. The ENGINEER's training specialist will
work with the equipment manufacturer and OWNER's staff to maximize training
benefits.
Task I1I -7 - Plant Performance Demonstration
The construction, training, and startup services will be performed by the
ENGINEER such that the completed project will perform within the requirements
of the WDOE and EPA NPDES permit in effect at the time WDOE approves the
Construction Contract. Following the plant startup period, the ENGINEER will
provide a quarterly review of plant operation, maintenance, and performance
for a period of one year. The OWNER shall notify the ENGINEER in writing
within 30 days of any failure of the project to meet WDOE and EPA
requirements. The ENGINEER will be given the opportunity to verify that the
plant, as designed, will meet the NPDES requirements. This may consist of
operating assistance and /or total plant operation for a minimum period of 90
14
days to be mutually agreed to by the ENGINEER and the OWNER. The ENGINEER's
costs associated with plant operation will be presented to the OWNER for
approval prior to assuming operation. The OWNER will reimburse the ENGINEER
for costs incurred from the date of notice of plant failure. The ENGINEER
will not be responsible for failure of the project to meet discharge
requirements if such failure is due to improper operation, improper equipment
maintenance or process maintenance, major modification of construction
following acceptance, or significant variations in wastewater flows from
design flow characteristics.
Task III -8 - Extended Services
During the first year of operation, extended services of the ENGINEER will be
provided. These services would begin after a successful startup and
performance demonstration and will include:
▪ Extended /supplemental operator training to fine tune equipment
performance and maintenance assistance.
▪ Enforcement of contract warranty requirements.
▪ Revisions of the O &M Manual to reflect actual operating experience
as needed.
▪ Assist the OWNER in preparation of a certificate of project
performance at the end of the one year warranty period as required
by WDOE and EPA. The ENGINEER will provide a summary report with
adequate documentation to certify the "PROJECT" is performing within
the design performance standards in the EPA grant agreement; or if
the "PROJECT" cannot be certified, assist the OWNER in preparing a
corrective action report which includes a schedule for bringing the
"PROJECT" into compliance.
▪ Assistance in grant closeout.
Task III -9 - Communication and Coordination
The appropriate portions of the previously described communication and
coordination tasks will be conducted including:
▪ 12 Monthly Project Meetings
▪ 12 Monthly Council Meetings
▪ 12 Monthly Progress Reports
▪ Briefings on Project Status to Agencies (Includes three meetings
with WDOE and two meetings with EPA)
▪ Responds to Questions from Agencies (Include one meeting with WDOE
and one meeting with EPA)
▪ Coordination With Citizens Advisory Committee (Includes two CAC
meetings as directed by the OWNER)
15
Task III -10 - Proiect Management
Management services of the ENGINEER performed during this "PROJECT" include:
. Quality Control
. Budget and Schedule Control
16
ATTACHMENT TO EPA FORM 5700 -41
ITEM 7 - DIRECT LABOR
A. Method of Estimating Proposed Man -hours
Labor hours were based on experience with other similar projects,
and represent the time needed to complete the tasks included in
the scope of work.
B. Computation Technique Used in Arriving at Proposed Labor Rates
Unit labor rates were based on the actual 1989 wages for the
respective labor categories, and escalated a total of 8 percent to
the mid -point of construction.
C. Specific Documents or Reference Materials
None; see response to Item A.
D. Detailed Rate Computations
Refer to attached document titled "Exhibit A "which shows the
development of the overhead rates and salaries used in the
computations. This document is an attachment to the contract.
ITEM 8 - COSTING AND PRICING POLICIES
Refer to the discussion above regarding overhead computations.
Principal's time is billed to the job for the time expended directly on the
project. The rate used is based on their hourly wage rate (annual
salary/2080).
EXHIBIT A
HDR ENGINEERING, INC.
OVERHEAD
Year Ended December 31, 1988 •
..AYFO.LL. . ......_ :ACTUAL. : A O ..sA ?LE:.
Vacation $1,305,540 $1,305,540
Holiday 654,917 654,917
Sick Leave 310,435 310,435
Payroll Taxes 1,935,057 1,935,057
Group Insurance 950,002 950,002
Retirement Benefits 631,720 631,720
$5,787,671 35.3% $5,787,671 35.3%
GENERAL. AND:.ADMIN:I SThATIVE:
Indirect Labor
General $3,986,177 $3,986,177
Marketing 3,032,764 3,032,764
Travel and Expenses - General 695,700 689,899
Employees Expenses 1,110,616 1,103,425
Supplies 145,509 145,509
Building Rental and Expenses 2,811,951 2,811,951
Auto 62,596 62,596
Taxes - General 199,372 199,372
Depreciation and Amortization 304,661 304,661
Postage 134,693 134,693
Telephone 641,464 641,464
Subscriptions 44,870 44,870
Donations 13,546 0
Claims 716,260 349,371
Insurance - General 901,643 901,643
Bad Debts 228,196 0
Office Expenses 410,012 410,012
Interest - Net (44,230) 0
Printing 215,422 215,422
Temporary Help 95,461 95,461
Marketing 1,578,481 1,420,633
Allocated Expense 3,071,885 2,975,487
Computer Expense 532,078 532,078
Inter - Company Overhead (688,858) (688,858)
Management Fee 352,683 352,683 •
Miscellaneous 199,511 168,498
$20,752,463 126.7% $19,889,811 121.4%
Total in relation to direct labor $26,540,134 162.0% $25,677,482 156.7%
DIRECT LABOR $16,378,334 $16,378,334
- . CF1 ID l: G. ,.. _.� __.,. ,
..�.�
r COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved D
(See accompanying instructions before completing this form) OMB No. 158 -R0144
PARTI.GENERAL
1. GRANTEE 2. GRANT NUMBER
City of Yakima, Washington C 530 - 557 -06
3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
HDR Engineering, Inc. March 1990
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (includ• ZiP code) 16. TYPE OF SERVICE TO BE FURNISHED
Suite C -200, Lincoln Plaza
11225 S.E. Sixth Street Engineering
Bellevue, Washington 98004
PART II.COST SUMMARY _
ESTI- HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) MATED TOTALS
HOURS RATE COST
Prinripal/ Senior Engineer 1808 $ 36.13 , 65,323
Engineering /Architect_ 4068_ 23.21 94,418
Resident Inspector / Operations Specialist 3460 25.30 87,538
Technician /Steno /Clerical 3392, 14.09 1 47.796
l —,
DIRECT LABOR TOTAL: .-- s 295,075
5. INDIRECT COSTS (Specify indirect coat pools) RATE x BASE = ESTIMATED
COST -
Payrol 35.Cs 295.075 s 104.162
General and Administrative 121.4 295,075 358,224 .
INDIRECT COSTS TOTAL: " - � _ S 462 q$6
9. OTHER DIRECT COSTS j
ESTIMATED '
ra. TRAVEL COST
(1) TRANSPORTATION s 88,200
(2) PER DIEM s 12,350
TRAVEL SUBTOTAL: tt - 1_1;" • S 100,550 t
■
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED
COST
Printing /Photocopy /Photos /Map s $ 78,290
Telephone /Fax /Computer 30.150 •
Fed Express /Postage/ Housing 14.100 `
t
EQUIPMENT SUBTOTAL: 122,540 ` •
•
C. SUBCONTRACTS ESTIMATED
COST W
.
Landua Accnriatpc (Ge_Oterhpiral) $ 20,000 f. •
J-long Cnncultirg Fngigaerc (Matarial Tastiqg.) 42 :.
1111. , • /1 - 111 - • •uu • •• 111 `.
SUBCONTRACTS SUBTOTAL: I s 1,31.000
d. OTHER (Specify categories) ESTIMATED
COST
Included in _above costs $ . -
i
OTHER SUBTOTAL: _1S _ _ -�
e. OTHER DIRECT COSTS TOTAL: 'r , .... , _ S 354,090
10. TOTAL ESTIMATED COST 6 1,111,551
11. PROFIT ,6 15 i
12. TOTAL PRICE $1,268,894
PAGE 1 OF 5
E PA Form 5700 -41 (2-76)
PART 111 -PRICE SUMMARY
13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED
.
(Indicate basis for price comparison) PRICE(S) PRICE
r . 4,
J.* . ; • ,
•
, •
PART IV • CERTIFICATIONS
14. CONTRACTOR
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE DR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS!
go y ES ED NO (II "Yes" give name address and telephone number°, reviewing office)
Washington State Auditors Office
Yakima Co. Court House
Yakima, Washington 98901
(509) 575-4114
14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
Far 31.205
14c.
This proposal is submitted for use in connection with and in response to (1) Reauest for Engineering
Services for Treatment Plant Improvements . This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2) March, 1990 and that a finascial management capability exists to fully and accu-
rately account for the financial transactions under this project. 1 further certify that I understand that the
subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and
pricing data have been determined, as a result of audit, not to have be n complete, current and accurate as
of the date above.
/
(3) March 9, 1990
DATE OF EXECUTION SIG TUNE • PROPOSER
Gary Bleeker, Vice President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
1 certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for subagreement award.
3- ri Richard A. Zais, Jr., City Manager
DATE OF EXECUTION SIGNATURE OF REVIEWER
\\'‘
TITLE REVIEWER
16. EPA REVIEWER al applicabis)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700-41 (2-76) PAGE 2 OF 5
AMENDMENT NO. 4
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AMENDMENT, made and entered into this )0 of (IL, 1989, by and
between the CITY OF YAKIMA, WASHINGTON, hereinafter referred th as the "OWNER"
and CWC -HDR, Inc., a Nebraska Corporation with a license to practice in the
State of Washington and with a place of business at Lincoln Plaza, Building C -
Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004, hereinafter referred to
as the "ENGINEER ".
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22,
1988, as amended August 24, 1988, January 25, 1989, and March 16, 1989 for
professional engineering services for system improvements at the Yakima Regional
Wastewater Treatment Plant, hereinafter referred to as the "PROJECT "; and
WHEREAS, the OWNER and ENGINEER have identified certain changes in the Final
Design of improvements at the Wastewater Treatment Plant since the initial
authorization to proceed as identified in Exhibit D, attached hereto; and
WHEREAS, the OWNER and ENGINEER have identified the need for Additional Services
as set forth in SECTION 2 - ADDITIONAL SERVICES, and the OWNER has requested that
the ENGINEER provide ADDITIONAL SERVICES and facilities necessary to accomplish
the Additional Services as set forth in the Scope of Work, Exhibit E, attached
hereto;
NOW THEREFORE, in consideration of the terms, conditions and covenants of
performance contained or incorporated herein, the OWNER and ENGINEER agree that
the Agreement shall be amended pursuant to 1.3 and 7.12 of the Agreement as
follows:
1. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.6 as amended. Delete
Five Hundred - Thirty Thousand Eight Hundred Dollars ($530,800)..."
and substitute the following:
"...Six Hundred Twenty -Two Thousand Seven Hundred Dollars ($622,700)..."
2. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.4.1. as amended.
Delete "..., is Sixty Two Thousand Dollars ($62,000)" and insert the
following:
t. l
„ -54016
" . and the estimated fee of services for special permits and grant as
further defined in Exhibit E, is Eighty Three Thousand Seven Hundred
Dollars ($83,700).
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their respective authorized officers or representatives as of the day and year
first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: Approved as to form:
'1
Name: Richard A. Zais, Jr. 4 '-'
Title: City Manager ( Witness:
Address: 129 North 2nd Street )E& --6(k , e.4yrc_
Yakima, Washington 98901 Karen S. Roberts, City
Clerk
City Contract Ho.
"ENGINEER"
CWC -HDR, INC.
By:
Name: Gary L. Bleeker
Title: Vice President
Address: Lincoln Plaza
Building C - Suite 200
11225 SE Sixth Street
Bellevue, WA 98004
State of Washington
County of King
I certify that I know or have satisfactory evidence that Gary L. Bleeker signed
this instrument and on oath stated that he was authorized to execute the
instrument and acknowledged it, as the Vice President of CWC -HDR, Inc., to be
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Ardinige
Date: /,/4/./,J / ..
0
Notary 'ublic in and f r
the Sate of Washington,
residing at Seattle,
Washington. My commission
expires 9 -1 -91.
EXHIBIT D
SCOPE OF WORK FOR DESIGN CHANGES
Item 1: Intermediate Grit Basin
Incorporate design plans and specifications into the PROJECT to provide for the
removal of filter snails from the flow process between the trickling filters and
the new trickling filter pumping station. Work includes increasing process
piping to provide hydraulic head for operations and sludge pump replacement at
the trickling filter clarifier pumping station
Item 2: Chlorine Delivery System
Incorporate design plans and specifications into the PROJECT to convert pressure
chlorination system to vacuum system in conformance with revised safety
standards. Work includes building modifications to the chlorine storage building
enclosing the on -line cylinders and providing heating, lighting and ventilation.
Item 3: Hot Water Heating System
Incorporate design plans and specifications into the PROJECT for additional hot
water heating systems at the vehicle garage and solids handling building. Work
includes addition of chemical feed pumps at boiler room for pH adjustment.
Item 4: Aeration Basin Modifications
Incorporate design plans and specifications into the PROJECT for addition of a
fabricated gate at the aeration basins between no. 2 and no. 3 to replace an
existing slide gate.
Item 5: Filter and Transformers at Blower VFD's
Incorporate design plans and specifications into the PROJECT for addition of
filters and transformers for the blower VFD's at the blower building.
Item 6: Chlorine /Sulphur Dioxide /Caustic Soda Containment and Treatment
Incorporate design plans and specifications into the PROJECT as required by the
1985/1988 Uniform Fire Code to provide liquid /gas spill - control and containment
and provide alternate treatment /removal systems when required.
Item 7: Screenings Press
Incorporate design plans and specifications into the PROJECT for addition of a
screenings press for dewatering of screenings at the screenings building.
Item 8: Sludge Storage Area Expansion
Incorporate design plans and specifications into the PROJECT for expansion of
the sludge storage area at the South end of the sludge drying beds. Work
includes construction of a sedimentation trap on the drainage line from the
storage area to the yard pumping station.
Item 9: Aeration Inlet Box
Incorporate design plans and specifications into the PROJECT for modifications
of the aeration inlet box to provide hydraulic head for operations at 36 mgd.
Item 10: Sludge Transfer Pumping Station
Incorporate design plans and specifications into the PROJECT for replacement of
pumping equipment and ventilation at the sludge transfer pumping station.
Item 11: Deleted Work
The following items of Work have been deleted from the PROJECT:
. non potable (C2) and irrigation water metering
. hot water heating in the WAS pump room
. replace existing secondary clarifier scum skimmers.
EXHIBIT E
SCOPE OF WORK FOR ADDITIONAL SERVICES FOR SPECIAL PERMITS
Item 1: Special Permits
Provide engineering and administrative services for the processing of special
permits required at the Yakima Regional Wastewater Treatment Plant, including
but not limited to the following:
Name of Permit Issuing Agency
Section 404 Permit U.S. Army C.O.E.
Shorelines Substantial Development Permit (SSDP) City of Yakima
Hydraulic Project Approval (HPA) WDF (in consultation with
Dept. of Wildlife)
Water Quality Modification WDOE
Flood Control Zone Permit City of Yakima
Services in Item 1: Special Permits, includes consultation with the following
agencies:
. City of Yakima
. Yakima County
. Yakima Indian Nation
. Washington Department of Fisheries
. Washington Department of Ecology
. U.S. Army Corps of Engineers
Services to be provided in this Item 1: Special Permits, will be provided by
OTT ENGINEERING, INC., Bellevue, WA 98007, under the direction of the ENGINEER.
RESOLUTION NO. D - 5 6 2 0
A RESOLUTION authorizing the execution of Amendment #4 to the
agreement with HDR Engineers, Inc., consulting
engineers, for professional engineering services.
WHEREAS, additional consulting engineering services are required to
provide assistance to the City of Yakima to provide additional design services
and permit application work found necessary to successfully accomplish the
goals of the "1989 Grants Projects" and the Comprehensive Sewer Plan, and
WHEREAS, HDR Engineers, Inc., consulting engineers, has agreed to
perform those additional services in accordance with the provisions, terms and
conditions of Amendment #4 to the agreement document; and the City Council
deems it to be in the best interests of the City that the attached Amendment #4
to the agreement document be executed for that purpose, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #4 to the agreement with HDR
Engineers, Inc., consulting engineers, for the purposes mentioned above, a
copy of which Amendment #4 entitled "Amendment #4 To Agreement For
Professional Engineering Services at the Yakima Regional Wastewater
Treatment Plant Between City of Yakima and HDR Engineers, Inc.", is attached
hereto and by reference made a part hereof.
/
ADOPTED BY THE " day of , 1989.
(1/22 d 1
MAYOR
ATTEST:
c s
CITY CLERK
Legal/bd
Resolutions
RES Bi
AMENDMENT NO. 3
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AMENDMENT, made and entered into this day of 1989, by and
between the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the "OWNLR"
and CWC -HDR, Inc., a Nebraska Corporation with a license to practice in the
State of Washington and with a place of business at Lincoln Plaza, Building
C - Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004, hereinafter referred
to as the "ENGINEER ".
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22,
1988, as amended August 24, 1988 and January 25, 1989, for professional
engineering services for system improvements at the Yakima Regional Wastewater
Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER and ENGINEER have identified the need for Additional
Services as set forth in SECTION 2 - ADDITIONAL SERVICES, and
WHEREAS, the OWNER has requested that the ENGINEER provide ADDITIONAL SERVICES
and facilities necessary to accomplish the Additional Services as set forth
in the Scope of Work, Exhibit C, attached hereto;
NOW THEREFORE, in consideration of the terms, conditions and covenants of
performance contained or incorporated herein, the OWNER and ENGINEER agree
that the Agreement shall be amended pursuant to 1.3 and 7.12 of the Agreement
as follows:
1. SECTION 5 - PAYMENTS TO ENGINEER, following sub paragraph 5.1.4. Add
the following:
5.1.4.1 The estimated fee of subconsulting services for surveying,
geotechnical investigation and hydraulic modeling of the Rudkin Road
Pumping Station, as further defined in Exhibit C, is Sixty Two Thousand
Dollars ($62,000.00).
EXHIBIT C
SCOPE OF WORK FOR ADDITIONAL SERVICES FOR DESIGN SURVEY, GEOTECHNICAL
INVESTIGATION AND HYDRAULIC MODELING OF THE RUDKIN ROAD PUMPING STATION.
Item 1: Survey:
Provide location and elevation surveys at the existing Yakima Regional
Wastewater Treatment Plant for purposes of verification of existing site
conditions and identification of special facilities as generally described as
follows:
A. Provide field notes or equivalent computer generated field data
containing horizontal location of the following:
1. All structures both above grade and below grade as can be observed
visually, including primary effluent piping, entrance structure to
trickling filters, aeration basins, effluent split structure, final
clarifiers, chlorine contact basin, chlorine building, influent
building at odor control unit location, Rudkin Road Pumping Station,
secondary effluent flow diversion box, trickling filter clarifier,
valve pits, manholes, pumping facilities, drain structures,
cleanouts, valve boxes, irrigation facilities, outfall line at plant
site and at river, and other facilities. Survey includes
identification of water lines, irrigation lines, storm sewers,
telephone, electric or other facilities as can be observed visually.
2. Locate all surface features such as concrete walks, stairs, pads,
curb lines, fences, concrete walls, asphalt, and include a general
outline of site landscaping.
3. Test holes conducted by others.
B. Provide vertical location of significant project features identified
above and including specific elevations of the following:
1. Weirs, inverts, and gates of special manholes at inlets and outlets
(influent sewer, effluent sewer):
2. Weir, top of weir wall and channel elevations (4 each) of existing
clarifiers. Also influent and effluent box inverts from existing
clarifiers.
3. Ground elevations at test hole sites.
Services to be provided in this Item 1: Survey, will be provided by Centaur
Land Surveying, Yakima, WA 98902, under the direction of the ENGINEER.
Item 2: Geotechnical Investigation:
Accomplish geotechnical investigation to complete design of system
improvements at the Yakima Regional Wastewater Treatment Plant as generally
described as follows:
RESOLUTION NO. s-
A RESOLUTION authorizing the execution of Amendment #3 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC -HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC -HDR, Inc.
entered into an agreement entitled "Agreement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide design survey, geotechnical investigation, and hydraulic model-
ing of the Rudkin Road Pumping Station, and
WHEREAS, CWC -HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #3 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #3 to the Agreement, Final Design
and Bid Services, be executed for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #3 to the Agreement with
CWC -HDR, Inc., for the purposes mentioned above, a true copy of which
Amendment #3 entitled "Amendment #3 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC -HDR, Inc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this ; t day of , 1989.
(;; )&h.41eLe
MAYOR
ATTEST:
L Jet, C
CITY CLERK
ORDI I2
AMENDMENT NO. 2
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
9 lz_
THIS AGREEMENT, made and entered into this , S 1 "` day of 1980, by and between
the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the "OWNER" and CWC -HDR, Inc.,
a Nebraska Corporation with a license to practice in the State of Washington and with a place of
business at Lincoln Plaza, Building C - Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004,
hereinafter referred to as the "ENGINEER."
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22, 1988,
as amended August 24, 1988, for professional engineering services for system improvements at the
Yakima Regional Wastewater Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER is now prepared to authorize the ENGINEER to proceed with
Paragraph 1.5 Final Design Phase and Paragraph 1.6 Bidding Phase as set forth in the Scope of Work,
Exhibit B, attached to Amendment No. 1.
NOW THEREFORE, in consideration of the terms, conditions and covenants of performance
contained or incorporated herein, the OWNER and ENGINEER agree that the Agreement shall be
amended pursuant to 1.3 and 7.12 of the Agreement as follows:
1. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.6. Delete the last two sentences
and add the following:
The LUMP SUM cost for Final Design services shall be Five Hundred - Thirty Thousand Eight
Hundred Dollars ($530,800) based upon a single contract.
2. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.7. Delete the last two sentences
and add the following:
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The LUMP SUM cost for Bidding Services shall be Fourty -Nine Thousand Six Hundred Dollars
($49,600) based upon a single contract.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective authorized officers or representatives as of the day and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: �� Approved as t m:
Name: Richard A. Zais, Jr.
w
Title: City Manager W' ness:
Address: 129 North 2nd Street i (°, �YlC-
Yakima, Washington 98901 Karen S. Roberts, City Clerk
City Contract No. 89 -6
"ENGINEER" Resolution D - 5541
CWC -HDR, INC. /
By fi '41r4 t
Name: Gordon L. Culp
Title: Executive Vice President
Address: Lincoln Plaza
Building C - Suite 200
11225 SE Sixth Street
Bellevue, WA 98004
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this instrument
and on oath stated that he was authorized to execute the instrument and acknowledged it, as the
Executive Vice President of CWC -HDR, Inc., to be free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Date: t3 .av j� , ,c/Z/
Not ry Public in a d for the State of W hington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
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a '
RESOLUTION NO. I) " 55 4 f
A RESOLUTION authorizing the execution of Amendment #2 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC-HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC-HDR, Inc.
entered into an agreement entitled "Agreement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide preliminary design, final design, bidding services and con-
struction contract administration for the following Wastewater Treatment
Improvement Projects: 1) trickling filter pump station; 2) laboratory
expansion; 3) dechlorination facilities; 4) facility odor control; 5)
secondary clarifiers; 6) solids handling; 7) river diffuser; 8) other
miscellaneous improvements; and
WHEREAS, CWC-HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #2 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #2 to the Agreement, Final Design
and Bid Services, be executed for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #2 to the Agreement with
GC-HDR, Inc., for the purposes mentioned above, a true copy of Which
Amendment #2 entitled "Amendment #2 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC-HDR, Inc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this C1 day of , 1989.
\)45
MAYOR
ATTEST:
1 4/ 6X)\,a--__ V1k9A CITY CLERK
ORDI 12
AMENDMENT NO. 1
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AGREEMENT, made and entered into this 2f--i day of , 1988, by and between
the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the "OWNER" and CWC -HDR, Inc.,
a Nebraska Corporation with a license to practice in the State of Washington and with a place of
business at 300 Admiral Way, Suite 204, Edmonds, Washington 98020 -4127, hereinafter referred to
as the "ENGINEER."
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22, 1988
for professional engineering services for system improvements at the Yakima Regional Wastewater
Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER has requested that ENGINEER provide Additional Work; and
facilities necessary to accomplish the services as set forth in the Scope of Work, Exhibit B, attached
hereto and incorporated herein; and for purposes of this Amendment only, all references to
"PROJECT" and work herein are limited to the Scope of Work, Exhibit B.
NOW THEREFORE, in consideration of the terms, conditions and covenants of performance
contained or incorporated herein, the OWNER and ENGINEER agree that the Agreement shall be
amended pursuant to 1.3 and 7.12 of the Agreement as follows:
1. SECTION 1 - BASIC SERVICES. Delete Paragraph 1.4 Design Services - Trickling Filter
Pumping Station in its entirety, including subparagraphs 1.4.1 thru 1.4.5, and add the following.
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1.4. Preliminary Design Phase.
After written authorization to proceed with the Preliminary Design Phase, ENGINEER will:
1.4.1 In consultation with OWNER and on the basis of the accepted Comprehensive
Plan for Sewerage System, determine the general scope, extend and character of the
PROJECT.
1.4.2 Prepare Preliminary Design documents, consisting of final design criteria,
preliminary drawings, a schedule of design drawings, outline specifications and written
descriptions of the PROJECT.
1.4.3 Advise OWNER if additional data or services of the types described in
paragraph 2.3 Other Additional Services are necessary for Final Design, and assist
OWNER in obtaining such data and services.
1.4.4 Based on the information contained in the Preliminary Design documents, submit
an Opinion of Probable Construction Costs for the proposed facilities, revised schedule
for the PROJECT and other implementation requirements.
1.4.5 Furnish 8 copies of the Preliminary Design documents and present and review
them with OWNER.
1.5 Final Design Phase
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
1.5.1 On the basis of the accepted Preliminary Design documents and the Opinion
of Probable Construction Costs, prepare for incorporation in the Contract Documents
final drawings to show the general scope, extent and character of the work to be
furnished and performed by Contractor, hereinafter called Drawings and Specifications.
Said specifications will be prepared in conformance with the sixteen division format
of the Construction Specifications Institute.
1.5.2 Provide technical criteria, written descriptions and design data for OWNER's
-2-
use in filing applications for permits with, or obtaining approvals of, such governmental
authorities as have jurisdiction to approve the design of the PROJECT, and assist
OWNER in consultations with appropriate authorities.
1.5.3 Advise OWNER of any adjustments to the Opinion of Probable Construction
Costs caused by changes in general scope, extent or character or design requirements
of the PROJECT or construction costs. Furnish to OWNER a revised Opinion of
Probable Construction Costs based on the Drawings and Specifications.
1.5.4 Prepare for review and approval by OWNER, its legal counsel and other advisors
contract agreement forms, general conditions, and supplementary conditions, proposal
forms, invitations to bid and instructions to bidders.
1.5.5 Furnish forty (40) copies of the above documents and of the Drawings and
Specifications and present and review them with OWNER.
1.6 Bidding Phase
After written authorization to proceed with the Bidding Phase, ENGINEER shall:
1.6.1 Assist OWNER in advertising for and obtaining proposals or negotiating
proposals for each separate prime contract for construction, materials, equipment and
services; and, where applicable, maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre -bid conferences and receive and
process deposits for Bidding Documents.
1.6.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents.
1.6.3 Consult with OWNER concerning, and determine the acceptability of, substitute
materials and equipment proposed by Contractor(s) when substitution prior to the award
of contracts is allowed by the Bidding Documents.
1.6.4. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in
evaluating bids or proposals and in assembling and awarding contracts for construction,
materials, equipment or services.
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2. SECTION 4 - PERIOD OF SERVICE - Add the following:
4.5 Preliminary Design Phase and Final Design Phase of service as outlined in Section 1
will be completed and submitted within the stipulated period indicated herein, or in
subsequent Exhibits hereto, after written authorization to proceed with each Phase of service.
4.6 ENGINEER's services under the Preliminary Design Phase and Final Design Phase
will each be considered complete on the date when the submissions for that Phase have been
accepted by OWNER or in each case, such additional time as may be considered reasonable for
obtaining approval of governmental authorities having jurisdiction to approve the design of
the PROJECT.
4.7 After acceptance by OWNER of ENGINEER's Drawings, Specifications and other
Final Design Phase documentation, including the Opinion of Probable Construction Costs, and
upon written authorization to proceed, ENGINEER shall proceed with performance of the
services called for in the Bidding Phase. This Phase shall terminate and the services to be
rendered thereunder shall be considered complete upon commencement of the Construction
Phase.
4.8 If OWNER has requested modifications or changes in the general scope, extent or
character of the PROJECT, the time of performance and fee for ENGINEER's services shall
be adjusted equitably.
4.9 Where modifications or changes are due to causes within the control of the ENGINEER,
the time of performance and fee for ENGINEER's services shall be as required by the
Agreement and subsequent Amendments thereto.
3. SECTION 4 - PERIODS OF SERVICE, Paragraph 4.2. In the fourth line following "... whichever
occurs first" place a period(.) and delete the remainder of the paragraph.
4. SECTION 4 - PERIODS OF SERVICE, Paragraph 4.4. In the first line between "services" and
"during" insert "for design or."
5. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.1.1. Delete "Twenty Seven
Thousand Dollars ($27,000)." and substitute "Thirty Seven Thousand Dollars ($37,000)."
6. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.1.2. Delete in its entirety.
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{
7. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.3. Delete in its entirety and
substitute the following:
5.1.3 For Preliminary Design, Final Design and Bidding Services as described in Paragraph
1.4, Paragraph 1.5 and Paragraph 1.6 for Item 1 Trickling Filter Pumping Station, payment
shall be a LUMP SUM of Ninety Seven Thousand Six Hundred Dollars ($97,600).
8. SECTION 5 - PAYMENTS TO ENGINEER. Add the following:
5.1.5 For Preliminary Design, as described in Paragraph 1.4 for Item 2 thru Item 8, payment
shall be a LUMP SUM of One Hundred -Five Thousand Six Hundred Dollars ($105,600) based
upon a single contract.
5.1.6 For Final Design, as described in Paragraph 1.5 for Item 2 thru Item 8, payment shall
be based on a LUMP SUM. The estimated LUMP SUM cost for Final Design services is
$441,000 based upon a single contract. The final LUMP SUM for Final Design may be adjusted
upon completion of Preliminary Design.
5.1.7 For Bidding Services, as described in Paragraph 1.6 for Item 2 thru Item 8, payment shall
be based on a LUMP SUM. The estimated LUMP SUM cost for Bidding Services is $39,300
based upon a single contract. The final LUMP SUM for Bidding Services may be adjusted
upon completion of Final Design.
5.1.8 For Construction Phase - Administration of the Construction Contract as described
in Paragraph 1.2 for Item 1 thru Item 8, payment will be based on a COST PLUS FIXED FEE.
The estimated COST PLUS FIXED FEE f or Construction Phase Services is $171,300 based upon
a single contract. The final COST PLUS FIXED FEE for Construction Phase Services may be
adjusted upon completion of Bidding Services.
5.1.9 For Resident Field Representative as described in Paragraph 2.2 for Item 1 thru Item
8, payment shall be based on a PER DIEM. The estimated PER DIEM for Resident Field
Representative Services is $185,000. The final PER DIEM for Resident Field Representative
Services may be adjusted upon completion of Bidding Services.
9. SECTION 7 - GENERAL CONSIDERATION, subparagraph 7.1.4. Delete the last sentence.
10. ENGINEER shall perform the work under Exhibit B consistent with the terms and conditions
of the Agreement. The OWNER shall compensate ENGINEER for such work which is
satisfactorily completed consistent with the terms and conditions of the Agreement.
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10. The terms, conditions and covenants of performance set forth in the Agreement are only
amended as specifically set forth in this Amendment No. 1.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective authorized officers or representatives as of the day and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: < i�� � �b. % Approved as to form:
Name: Richard A. Zais, Jr.
Title: City Manager Wit(ess:
Address: 129 North 2nd Streets
Yakima, Washington 98901 Karen S. Roberts, City Clerk
City Contract No. 88- 8
"ENGINEER" Res. D - 5490
CWC -HDR, INC.
D. /Kr
rte. .i
Name: Gordon L. Culp
Title: Executive Vice President
Address: 300 Admiral Way, Suite 204
Edmonds, Washington 98020
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this instrument
and on oath stated that he was authorized to execute the instrument and acknowledged it as the
Executive Vice President of CWC -HDR, Inc. to be free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
f
Dater .r / 1/14f._ .l / S /
Not. y Public in . d for the State of W. shington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
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EXHIBIT B
SCOPE OF WORK
A. Items of Work
The following items of work are to be included in the Scope of Work and
hereinafter are to be incorporated into the "PROJECT."
Item 1 Trickling Filter Pumping Station - Provide new 40 mgd trickling
filter pumping station renovation of two trickling filter
distribution arms, and modification of site piping control system
and electrical work to accommodate the new facilities to assist the
City in meeting nitrification requirements. The Opinion of
Probable Construction Costs for this facility is $1,875,000. This
project was identified in the Comprehensive Plan.
Item 2 Laboratory Expansion - Provide for expansion of laboratory
facilities to accommodate increased sampling and testing and the
additional requirements of a pretreatment program as set forth in
the 1988 NPDES Permit. The Opinion of Probable Construction
Costs for this facility, including an allowance of $60,000 for new
laboratory equipment, is $298,000. This project was identified in
the Comprehensive Plan.
Item 3 Dechlorination Facilities - Provide facilities for dechlorination of
the treated effluent prior to discharge to the Yakima River and
associated modifications to chlorine control equipment. The
Opinion of Probable Construction Costs for this facility is $150,000.
This project was identified in the Comprehensive Plan.
Item 4 Trickling Filter Odor Control - Provide trickling filter covers,
forced air ventilation, and odor control of trickling filters resulting
from having to use the trickling filters to meet nitrification
requirements. The Opinion of Probable Construction Costs for this
facility is $1,100,000. This project was identified in the
Comprehensive Plan.
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Item 5 Secondary Clarifiers - Provide two new secondary clarifiers to
meet existing hydraulic conditions and to provide for increased
solids resulting from nitrification requirements including
modifications to existing site piping. The Opinion of Probable
Construction Costs for this facility is $2,380,000. These items have
been identified in the Comprehensive Plan.
Item 6 Solids Handling - Provide added solids handling and dewatering
equipment consisting of a new dissolved air flotation thickener, an
additional centrifuge in the existing building and modifications to
polymer feed system resulting from increased solids of the
nitrification process. The Opinion of Probable Construction Costs
for this facility is $1,580,000. These items have been identified in
the Comprehensive Plan.
Item 7 River Diffuser - Extend the outfall piping into the Yakima River
and provide diffuser piping. The Opinion of Probable Construction
Costs for this facility is $320,000. This project has recently been
identified by WDOE as being necessary at the treatment facilities.
Item 8 Miscellaneous Improvements - Provide improvements to NPW
system, yard piping, solids metering, energy efficiency
improvements, heating and air conditioning energy improvements,
septage system aeration, revisions at sludge drying beds, and revise
screening facilities and other improvements at the Rudkin Road
pumping station. The Opinion of Probable Construction Costs for
these facilities is $260,000. These items have been identified in the
Comprehensive Plan.
B. Basis of Preliminary Design, Final Design and Bidding Services
To prepare a LUMP SUM PRICE for each Item of Work as set forth in paragraph
A, the ENGINEER has estimated the Probable Construction Costs and the number
of drawings required to perform the work as set forth herein.
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Item 1 Trickling Filter Pumping Station - Total drawings estimated at 24
sheets.
Item 2 Laboratory Expansion - Total drawings estimated at 13 sheets.
Item 3 Dechlorination Facilities - Total drawings estimated at 6 sheets.
Item 4 Trickling Filter Odor Control - Total drawings estimated at 22
sheets.
Item 5 Secondary Clarifiers - Total drawings estimated at 28 sheets.
Item 6 Solids Handling - Total drawings estimated at 25 sheets.
Item 7 River Diffuser - Total drawings estimated at 6 sheets. Services
would include a special study of river hydraulics during
Preliminary Design.
Item 8 Miscellaneous Improvements - Total drawings estimated at 15
sheets.
Based on a single contract for Item 2 thru Item 8, the total number of drawings
are estimated at 108 sheets. The Opinion of Probable Construction Costs for Item
2 thru Item 8 is $6,088,000. Including Item 1, the Opinion of Probable
Construction Costs is $7,868'8,000, with an estimated total of 130 sheets.
C. LUMP SUM PRICE for Preliminary Design, Final Design and Bidding Services.
Based on the Opinion of Probable Construction Costs, and the estimated number
of drawings, the ENGINEER has estimated the LUMP SUM PRICE for each Item
of Work as described in paragraph A as follows:
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Item 1 Trickling Filter Pumping Station
Preliminary Design $ 12,400
Final Design 75,400
Bidding Services 9,800
Subtotal $ 97,600
Item 2 Laboratory Expansion
Preliminary Design $ 8,200
Final Design 48,500
Bidding Services 5,200
Subtotal $ 61,900
Item 3 Dechlorination Facilities
Preliminary Design $ 5,000
Final Design 23,000
Bidding Services 2,300
Subtotal $ 30,300
Item 4 Trickling Filter Odor Control
Preliminary Design $ 12,800
Final Design 86,700
Bidding Services 6,300
Subtotal $ 105,800
Item 5 Secondary Clarifiers
Preliminary Design $ 18,800
Final Design 104,400
Bidding Services 9,200
Subtotal $ 132,400
Item 6 Solids Handling
Preliminary Design $ 21,600
Final Design 92,100
Bidding Services 8,300
Subtotal $ 122,000
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Item 7 River Diffuser
Preliminary Design $ 27,000
Final Design 25,000
Bidding Services 2,500
Subtotal $ 54,500
Item 8 Miscellaneous Improvements
Preliminary Design $ 12,200
Final Design 61,300
Bidding Services 5,500
Subtotal $ 79,000
Total of Individual Items 2 thru Item 8
Preliminary Design $ 105,600
Final Design 441,000
Bidding Services 39,300
Subtotal $ 585,900
Based on a single contract for Item 2 thru Item 8, the LUMP SUM PRICE for
Preliminary Design as identified herein is $105,600.00.
The LUMP SUM PRICE for Final Design may be adjusted by Amendment to the
Agreement at the time of completion of the Preliminary Design. Adjustment may
be based upon an updated Opinion of Probable Construction Costs, and /or revised
estimate of the number of drawings required to perform the work, and /or
reduced time schedule to meet accelerated project schedule, and /or changes in
general scope, extent or character or design requirements. The estimated LUMP
SUM cost for Final Design Services is $441,000.
The LUMP SUM PRICE for Bidding Services may be adjusted by Amendment to
the Agreement at the time of completion of the Final Design. Adjustment may
be based on an updated Opinion of Probable Construction Costs, and /or number
of drawings required to perform the work, and /or number of contract schedules
to be incorporated in the Bidding Phase, and /or reduced time schedule to meet
accelerated project schedule, and /or changes in general scope, extent or character
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or design requirements. The estimated LUMP SUM cost for Bidding Services is
$39,300. The LUMP SUM fees for Final Design and Bidding Services as set forth
herein are based upon a single contract for Item 2 thru Item 8.
Preliminary Design, Final Design and Bidding Services as set forth in Item 1 -
Trickling Filter Pumping Station have been previously authorized by the City of
Yakima as a separate project at a LUMP SUM PRICE of $97,600.
D. Estimated COST PLUS FIXED FEE for Construction Phase - Administration of
the Construction Contract.
The following represents the ENGINEER'S estimated COST PLUS FIXED FEE
for the Construction Phase of each project as set forth in paragraph A above.
Item Description Estimated Price
1 Trickling Filter Pumping Station $ 22,400
2 Laboratory Expansion 17,000
3 Dechlorination Facilities 7,500
4 Trickling Filter Odor Control 27,000
5 Secondary Clarifiers 36,000
6 Solids Handling 30,000
7 River Diffuser 9,600
8 Miscellaneous Improvements 21.800
Total $ 171,300
Based on a single construction contract for Item 1 thru Item 8, the estimated
COST PLUS FIXED FEE for the Construction Phase is $171,300.
The final COST PLUS FIXED FEE for Construction Phase Services will be
determined by the OWNER and ENGINEER at the time of award of the
Construction Contract for the PROJECT. The final COST PLUS FIXED FEE for
Construction Phase Services may be adjusted in the Agreement by Amendment.
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E. Estimated PER DIEM cost for Resident Engineer
Based on a single contract for Item 1 thru Item 8, and an estimated 14 month
construction schedule, the estimated cost for Resident Engineer Services for the
PROJECT is $185,000.
The final PER DIEM cost for Resident Engineer Services will be determined by
the OWNER and ENGINEER at the time of award of the Construction Contract
for the PROJECT. The final PER DIEM cost for Resident Engineer Services
may be adjusted in the Agreement by Amendment.
F. Estimated Schedule for completion of Preliminary Design, Final Design and
Bidding Services
The following represents the ENGINEER'S estimate of time required to complete
those items of work as set forth in paragraph A. This estimate assumes that Item
1 - Trickling Filter Pumping Station will proceed as a separate project under a
previous Notice to Proceed issued by the City of Yakima, and that Item 2 thru
Item 8 will be authorized as a single contract to the ENGINEER for Preliminary
Design, Final Design and Bidding Services, and as a single contract document for
the construction of the PROJECT. If Item 1 is incorporated into a single
construction contract with Item 2 thru Item 8, the performance schedule for Item
2 thru Item 8 shall prevail for all work.
Item 1 Trickling Filter Pumping Station
Preliminary Design August 25, 1988
Final Design November 1, 1988
Bidding Phase 2 months following Final
Design approval
Construction Phase 6 months following
Construction Award
Item 2 thru Item 8
Preliminary Design 2 months following
Notice to Proceed
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Final Design 6 months following
Preliminary Design
approval
Bidding Phase 3 months following Final
Design approval
Construction Phase 14 months following
Construction Award
The costs and schedule are subject to revisions if the OWNER elects to separate the
PROJECT into individual contracts to the ENGINEER, or individual contracts for
construction.
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D
5 �� � �� y� 9 0
RESOLUTION NO. �� .. ���� ��
A RESOLUTION authorizing the execution of Amendment #1 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC-HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC-HDR" Inc.
entered into an agreement entitled "Agrement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide preliminary design, final design, bidding services and con-
struction contract administration for the following Wastewater Treatment
Improvement Projects: 1) trickling filter pump station; 2) laboratory
expansion; 3) d8ChlDriDatiOn facilities; 4) trickling filter odor con-
trol; 5) secondary clarifiers; 6) solids handling; 7) river diffuser; 8)
Other miscellaneous improvements; and
WHEREAS, CWC-HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #1 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #1 to the Agreement be executed for
that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #1 to the Agreement with
CWC-HDR, Inc., for the purposes mentioned above, a true copy of which
Amendment #1 entitled "Amendment #1 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC-HDR, INc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this ' day of / �'~f , 1988.
\
MAYOR
ATTEST:
CITY CLERK
ORDI 12
AGREEMENT
between
CITY OF YAKIMA
and
CWC -HDR, INC.
for
Professional Engineering Services
for
Construction Services for System Improvements
at the Yakima Regional Wastewater Treatment Plant
9 ,
3 ,
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES 1
DESCRIPTION OF THE PROJECT 1
SECTION 1- -BASIC SERVICES 1
1.1 General 1
1.2 Construction Phase - Administration of the Construction Contract 1
1.3 Changes in Additional Work 4
1.4 Design Services - Trickling Filter Pump Station 5
SECTION 2 -- ADDITIONAL SERVICES 5
2.1 General 5
2.2 Resident Field Representation 5
2.3 Other Additional Services 6
SECTION 3 -- OWNER'S RESPONSIBILITIES 9
SECTION 4 -- PERIODS OF SERVICE 10
4.1 General 10
SECTION 5 -- PAYMENTS TO ENGINEER 11
5.1 Methods of Payment for Services and Expenses of Engineer 11
5.2 Intervals of Payment 12
5.3 Other Provisions Concerning Payments 12
5.4 Definitions 13
5.5 Audit and Access to Records 14
SECTION 6 -- CONSTRUCTION COST AND OPINIONS OF COST 15
6.1 Construction Cost 15
6.2 Opinions of Probable Construction Cost 15
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SECTION 7 -- GENERAL CONSIDERATIONS 16
7.1 Termination 16
7.2 Reuse of Documents 18
7.3 Limitation of Liability 18
7.4 Insurance 19
7.5 Controlling Law 19
7.6 Successors and Assigns 19
7.7 Arbitration 19
7.8 Equal Employment and Non - Discrimination 20
7.9 Indemnification 20
7.10 Prohibited Interests 21
7.11 Notice 22
7.12 Entirety, Amendment and Execution of Agreement 22
APPENDIX
Exhibit A Estimated Costs of Resident Field Representative A -1
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THIS IS AN AGREEMENT made as of V antiUr 22 ,1987 between the "OWNER ", CITY OF
YAKIMA, with principal office at 129 North 2nd Street, Yakima, Washington 98901, and CWC-
HDR, Inc., with principal offices at 300 Admiral Way, Suite 204, Edmonds, Washington 98020,
hereinafter referred to as "ENGINEER ". OWNER intends to construct a new influent screening
building, new fine - bubble diffused aeration system, new aeration basin dewatering system, new
trickling filter pumping station, replace a portion of the plant storm water system, modify
existing bar screens, modify influent metering, modify the plant water system, modify the
digester gas compressor, modify the sludge loading facility, and other miscellaneous and
related work, hereinafter called the "PROJECT ".
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional services by ENGINEER and the payment for those services by
OWNER as set forth below.
SECTION 1 - BASIC SERVICES
1.1 General
1.1.1 ENGINEER shall provide for OWNER professional services in all phases of the
PROJECT to which this Agreement applies as hereafter provided. These services will include
serving as OWNER's professional engineering representative for the PROJECT, providing
professional engineering consultation and advice and furnishing architectural, civil, structural,
mechanical and electrical engineering services and related architectural /engineering services
incidental thereto.
1.2 Construction Phase - Administration of the Construction Contract
During the Construction Phase, after authorization in writing by the OWNER, the ENGINEER
shall:
1.2.1 Consult with and advise OWNER and act as OWNER's representative as set forth
herein and as provided in the ENGINEER's General Conditions and Duties, Responsibilities and
Limitations of the Authority of Resident Project Representatives of the Standard Documents of
the Construction Contract. The extent and limitations of the duties, responsibilities and
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authority of ENGINEER as assigned in said Standard Documents shall not be modified, except
as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will
be issued through ENGINEER who will have authority to act on behalf of OWNER to the
extent provided in said Standard Documents except as otherwise provided in writing.
1.2.2 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. ENGINEER will not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the work. ENGINEER will not be responsible
for the construction means, methods, techniques, sequences, or procedures or the safety
precautions incident thereto. ENGINEER's efforts will be directed toward providing assurance
for OWNER that the completed project will conform to the requirements of the Contract
Documents, but, in performing the services required by this Agreement, ENGINEER will not be
responsible for the Contractor's failure to perform the construction work 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 OWNER
informed of the progress of the work, will use its best efforts to alert OWNER to defects and
deficiencies in the work of the Contractor, and may disapprove or reject work as failing to
conform to the Contract Documents.
1.2.3 May disapprove of or reject Contractors' work while it is in progress if ENGINEER
believes that such work will not produce a completed PROJECT that conforms generally to the
Contract Documents or that it will prejudice the integrity of the design concept of the
PROJECT as reflected in the Contract Documents. ENGINEER shall at all times have access
to the work wherever it is in preparation or progress.
1.2.4 Review and approve or take other appropriate action in respect of Shop Drawings,
samples and other data which Contractor is required to submit, but only for conformance with
the design concept of the PROJECT and compliance with the information given in the Contract
Documents. Such reviews and approvals or other action shall not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and programs
incident thereto.
1.2.5 Evaluate and determine the acceptability of substitute materials and equipment
proposed by Contractor.
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1.2.6 Have authority, as OWNER's representative, to require special inspection or testing
of the work, and shall receive and review all certificates of inspections, testings, and
approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract
Documents to determine generally that their content complies with the requirements of, and
the results certified indicate compliance with, the Contract Documents.
1.2.7 Act as initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder and make decisions on all claims of OWNER and
Contractor relating to the acceptability of the work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of the work. ENGINEER
shall not be liable for the results of any such interpretations or decisions rendered without
negligence and in good faith.
1.2.8 Based on ENGINEER's on -site observations as an experienced and qualified design
professional and on ENGINEER's review of the Contractor's applications for payment and
supporting data, ENGINEER will determine the amount owing to the Contractor and approve in
writing payment to the Contractor in such amounts. Such approvals of payment shall
constitute a representation to OWNER, based on such observations and review, that the work
has progressed to the point indicated and that, to the best of ENGINEER's knowledge,
information, and belief, the quality of the work is in accordance with the Contract Documents
(subject to an evaluation of the work as a functioning project upon substantial completion, to
the results of any subsequent tests called for in the Contract Documents and to any
qualifications stated in his approval), but by approving an application for payment, ENGINEER
shall not be deemed to have represented that ENGINEER has made any examination to
determine how or for what purposes the Contractor has used the moneys paid on account of
the contract price.
1.2.9 Receive and review maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals which are to be assembled by
Contractor in accordance with the Contract Documents to determine that their content
complies with the requirements of, and in the case of certificates of inspection, tests and
approvals the results certified indicate compliance with, the Contract Documents; and shall
transmit them to OWNER with written comments.
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1.2.10 Conduct a construction review to determine if the work is substantially complete
and a final construction review to determine if the completed work is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor and may give written
notice to OWNER and the Contractor that the work is acceptable subject to any conditions
therein expressed.
1.2.11 Prepare a set of mylar reproducible record prints of Drawings showing those
changes made during the construction process, based on the marked -up prints, drawings and
other data furnished by Contractor to ENGINEER.
1.2.12 ENGINEER shall use its best efforts to maintain continuity in personnel and shall
assign John Koch as Project Manager and Henry Benjes as Principal -in- Charge throughout the
term of this Agreement unless other personnel are approved by the OWNER.
1.3 Changes in Additional Work
1.3.1 The OWNER may, at any time, by written order direct the ENGINEER to revise
portions of the Project work previously completed in a satisfactory manner, delete portions of
the Project or make other changes within the general scope of the services or work to be
performed under this Agreement. If such changes cause an increase or decrease in the
ENGINEER's cost of, or time required for, performance of any services under this Agreement,
an equitable cost and /or completion time adjustment shall be made and this Agreement shall
be modified in writing accordingly. The ENGINEER must assert any claim for adjustment
under this Section in writing within thirty (30) days from the date of receipt by the
ENGINEER of the notification of change.
1.3.2 The OWNER may, at any time, request that the ENGINEER perform additional work
beyond the scope of the Project work, hereinafter referred to as "Additional Work."
Compensation for each such request for Additional Work will be negotiated by the OWNER and
the ENGINEER consistent with the compensation provisions set forth herein and, if so
authorized, shall be considered part of the Project work. The ENGINEER shall not perform
any Additional Work until so authorized by the OWNER in writing.
1.3.3 No services for which additional compensation will be charged by the ENGINEER
shall be furnished without the prior written authorization of the OWNER.
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1.4 Design Services - Trickling Filter Pumping Station
During the Design Phase, after authorization in writing by OWNER, the ENGINEER shall:
1.4.1 Prepare a design memorandum describing a new trickling filter pumping station
including design basis, layout, related piping, and new electrical and control requirements.
Prepare a detailed estimated construction cost for the proposed facilities, schedule for the
project and other implementation requirements.
1.4.2 Based on the facilities described in the design memorandum, prepare drawings and
specifications.
1.4.3 Within five months of execution of this Amendment, prepare and send one (1) copy
of plans and specifications to the DOE for their review. Respond to comments from DOE.
1.4.4 Provide the OWNER with forty (40) copies of the plans and specifications for use in
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advertising for bids.
1.4.5 Assist the OWNER in soliciting bids; be present at the bid opening, tabulate bids
received, analyze bids and make recommendations for the award of the contract.
SECTION 2 - ADDITIONAL SERVICES
2.1 General
The following Additional Services are not included in the Basic Services. They shall be
provided if authorized or confirmed in writing by the OWNER, and shall be paid for by the
OWNER as provided in this Agreement, in addition to compensation for Basic Services.
2.2 Resident Field Representation
2.2.1 The OWNER and ENGINEER agree that more extensive representation at the site
shall be provided than is described under Paragraph 1.2.2. ENGINEER shall provide one
Field Representative to assist ENGINEER in carrying out such responsibilities at the site.
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Field Representation shall be on a full time basis. Full time Field Representation is generally
defined as having a representative on site when work is in progress.
2.2.2 Such Field Representative shall be selected, employed, and directed by ENGINEER,
and ENGINEER shall be compensated therefor as mutually agreed between the OWNER and
ENGINEER as set forth in this Agreement. The duties, responsibilities and limitations of
authority of such Field Representative shall be described in the ENGINEER's General
Conditions and duties, responsibilities and limitations of the authority of Resident Project
Representative of the Contract Documents.
2.2.3 Through the observations by such Field Representative, ENGINEER shall use its best
efforts to provide further protection for the OWNER against defects and deficiencies in the
work, but the furnishing of such PROJECT representation shall not modify the rights,
responsibilities or obligations of ENGINEER as described in Section 1.2.
2.3 Other Additional Services
2.3.1 Services resulting from significant changes in the general scope, extent or character
of the PROJECT or its design including, but not limited to, changes in size, complexity,
OWNER's schedule, character of construction or method of financing; and revising previously
accepted studies, reports, design documents or Contract Documents when such revisions are
required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent
to the preparation of such studies, reports or documents, or are due to any other causes
beyond ENGINEER's contr.ol.
2.3.2 Preparing documents of alternate, separate, or sequential bids or providing extra
services in connection with bidding, negotiation or construction when requested by the
OWNER.
2.3.3 Providing any type of property surveys or related engineering services needed for
the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable Contractor to proceed with their work; and
providing other special field surveys.
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2.3.4 Preparation of applications and supporting documents (in addition to those furnished
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under Basic Services) for private or governmental grants, loans or advances in connection with
the PROJECT; preparation or review of environmental assessments and impact statements;
review and evaluation of the effect on the design requirements of the PROJECT of any such
statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the PROJECT.
2.3.5 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.3.6 Preparing documents for alternative proposals requested by OWNER for Contractor's
work which is not executed or documents for out -of- sequence work.
2.3.7 Investigations and studies involving, but not limited to, consideration of operations,
maintenance and overhead expenses; providing value engineering during the course of design;
the preparation of feasibility studies, cash flow and economic evaluations, .rate schedules and
appraisals; assistance in obtaining financing for the PROJECT; evaluating processes available
for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of
material, equipment and labor; and audits or inventories required in connection with
construction performed by OWNER.
2.3.8 Furnishing services of independent professional associates and consultants for other
than Basic Services.
2.3.9 Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
2.3.10 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the PROJECT.
2.3.11 Services in connection with work directive changes and change orders to reflect
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
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2.3.12 Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitutions proposed by Contractor; and services after the award of each
contract in evaluating and determining the acceptability of an unreasonable or excessive
number of substitutions proposed by Contractor.
2.3.13 Services resulting from significant delays, changes or price increases occurring as a
direct or indirect result of material, equipment or energy shortages.
2.3.14 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of defective or
neglected work of any Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
2.3.15 Services other than Basic Services in connection with any partial utilization of any
part of the PROJECT by OWNER prior to Substantial Completion.
2.3.16 Evaluating an unreasonable or extensive number of claims submitted by Contractor
or others in connection with the work.
2.3.17 Provide assistance in the closing of any financial or related transaction for the
PROJECT.
2.3.18 Provide assistance in connection with the refining and adjusting of any equipment
or system.
2.3.19 In company with OWNER, visit the PROJECT to observe any apparent defects in the
completed construction, assist OWNER in consultations and discussions with Contractor
concerning correction of such deficiencies, and make recommendations as to replacement or
correction of defective work.
2.3.20 Additional services in connection with the PROJECT, including services which are to
be furnished by OWNER in accordance with Section 3 and services not otherwise provided for
in this Agreement.
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2.3.21 Assist OWNER in developing systems and procedures for control of the operation
- and maintenance of and record keeping for the PROJECT.
2.3.22 Preparation of operating, maintenance and staffing manuals.
2.3.23 Assist OWNER in training OWNER's staff to operate and maintain the PROJECT.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of the
ENGINEER.
3.1 Designate in writing a person to act as OWNER's representative with respect to the
services to be rendered under this Agreement. Such person shall have complete authority to
transmit instruction, receive information, interpret and define OWNER's policies and decisions
with respect to ENGINEER's services for the PROJECT unless otherwise noted in the written
designation.
3.2 Furnish the services of soils /geotechnical engineers or other consultants when such
services are deemed necessary by ENGINEER.
3.3 Arrange for access to and make all provisions for ENGINEER to enter upon public
and private property as required for ENGINEER to perform services under this Agreement.
3.4 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER for owner review, obtain advice of an attorney, insurance
counselor and other consultants as OWNER deems appropriate for such examination and render
in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.5 Furnish approvals and permits from all governmental authorities having jurisdiction
over the PROJECT and such approvals and consents from others as may be necessary for
completion of the PROJECT.
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3.6 Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the PROJECT, such legal services as OWNER may require or
ENGINEER may reasonably request in regard to legal issues pertaining to the PROJECT
including any that may be raised by Contractor, such auditing service as OWNER may require
to ascertain how or for what purpose any Contractor has used the monies paid under the
construction contract, and such inspection services as OWNER may require to ascertain that
Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to
their furnishing and performing the work.
3.7 Advertise for proposals from bidders, open the proposals at an appointed time and
place, and pay for all costs incidental thereto.
3.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's services,
or any defect or non - conformance in the work of any Contractor.
SECTION 4 - PERIODS OF SERVICE
4.1 General
The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the PROJECT through completion of the work.
ENGINEER's obligation to render services hereunder will extend for a period which may
reasonably be required for the PROJECT services including extra work and required extensions
thereto. If specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such dates are exceeded through no
fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall be
subject to equitable adjustment.
4.2 The Construction Phase will commence with award of the Contract for Construction
and will terminate when final payment to the Contractor is due, or in the absence of a final
Application for Payment or of such due date, thirty (30) days after the Date of Satisfactory
Startup and Demonstration of the Construction Contract, whichever occurs first, but not
exceeding seven (7) months from the start of Construction.
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4.3 If OWNER fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, or if the Construction Phase has
not commenced within thirty (30) days after award of the Contract for Construction,
ENGINEER may, after giving thirty (30) days' written notice to OWNER, suspend services
under this Agreement.
4.4 If ENGINEER'S services during construction of the PROJECT are delayed or
suspended in whole or in part by OWNER for more than thirty (30) days for reasons beyond
ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination
of this Agreement) be paid as provided in paragraph 5.3.2.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER
5.1.1 For Construction Phase - Administration of the Construction Contract as described in
Paragraphs 1.2.1 through 1.2.12, payment shall be LUMP SUM.
5.1.1.1 Aeration System Improvements Contract C, Construction Contract payment shall be
Twenty -Seven Thousand Dollars ($27,000.00).
5.1.1.2 Trickling Filter Pumping Station Construction Contract payment shall be Twenty -
Two Thousand Four Hundred Dollars ($22,400.00).
5.1.2 For Resident Field Representative as described in Paragraphs 2.2.1 through 2.2.3,
payment shall be computed on a PER DIEM basis in an amount equal to Salary Cost times a
factor of 2.5. Reimbursable Expenses incurred in connection with such services shall be in
addition to the foregoing compensation.
5.1.2.1 The total payment for such services for the Aeration System Improvements Contract
C Construction Contract is estimated to be Eighty Five Thousand, Two Hundred Ninety -Five
Dollars ($85,295.00) and payments for Resident Field Representative shall not exceed that
estimate without the prior approval of the OWNER. Estimated Costs are itemized in the
Appendix, Exhibit A.
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5.1.2.2 The total payment for such services for the Trickling Filter Pumping Station is not
included in this AGREEMENT.
5.1.3 For Design Services as described in Paragraphs 1.4 through 1.4.5, payment shall be a
LUMP SUM of Ninety -Seven Thousand Six Hundred Dollars ($97,600.00).
5.1.4 For Other Additional Services as described in Paragraphs 2.3.1 through 2.3.23,
payment shall be computed on a PER DIEM basis in an amount equal to Salary Cost times a
factor of 2.5. Reimbursable Expenses incurred in connection with such services shall be in
addition to the foregoing compensation.
5.2 Intervals of Payments
5.2.1 Payments for Basic and Additional Services rendered and Reimbursable Expenses
incurred shall be made once every month. ENGINEER statements, with supporting
documentation satisfactory to OWNER, will be submitted once every month• and will be based
upon total services completed at the time of billing. OWNER shall make prompt payments in
response to ENGINEER's statements.
5.3 Other Provisions Concerning Payments
5.3.1 If OWNER fails to make any payment due ENGINEER for services and expenses
within thirty days after receipt of ENGINEER's statement therefor, the amounts due
ENGINEER will be increased at the rate of 1 -1/2% per month from said thirtieth day, and in
addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services
under this Agreement until ENGINEER has been paid in full all amounts due for services,
expenses and charges; provided, however, ENGINEER shall not have the right to interest or to
take such steps if the invoice is inaccurate, disputed, or incomplete.
5.3.2 If the PROJECT is suspended or abandoned in whole or in part for more than thirty
(30) days, ENGINEER shall be compensated for all services performed prior to receipt of
written notice from the OWNER of such suspension or abandonment, together with
Reimbursable Expenses then due. If the PROJECT is resumed after being suspended for more
than thirty (30) days, ENGINEER's compensation shall be equitably adjusted.
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5.3.3 If and to the extent that the Contract Time initially established in the Contract of
195 days for Construction is exceeded or extended through no fault of ENGINEER,
compensation for any Basic Services required for such extended period of Administration of
the Construction Contract shall be computed as set forth in 5.1.3 for Additional Services.
5.3.4 Records of ENGINEER's Salary Costs, Overhead, and Reimbursable Expenses
pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with
generally accepted accounting principals. Copies will be made available to OWNER at cost on
request prior to final payment for ENGINEER's services and when equitable adjustments are
requested by ENGINEER.
5.4 Definitions
5.4.1 The Salary Costs used as a basis for payment mean salaries and wages paid to all
ENGINEER's personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other
technical and business personnel; plus the cost of customary and statutory benefits including,
but not limited to, social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay
and other group benefits.
5.4.2 The hourly Salary Costs of ENGINEER may be adjusted once on an annual basis to
reflect changes in personnel and in ENGINEER's overall compensation procedures and
practices.
5.4.3 Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in
connection with the PROJECT, such as expenses for: transportation and subsistence incidental
thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of re-
ports, Drawings, Specifications, Bidding Documents, and similar PROJECT - related items in addi-
tion to those required under Section 1; and, if authorized in advance by the OWNER, overtime
work requiring higher than regular rates. In addition, if authorized in advance by OWNER,
Reimbursable Expenses will also include expenses incurred for computer time and other highly
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specialized equipment, including an appropriate charge for previously established programs and
expenses of photographic production techniques. Reimbursable Expenses including but not
limited to Subconsultant or Subcontractor cost will include a 10% markup over cost.
5.5 Audit and Access to Records
5.5.1 The ENGINEER, including its subconsultants, shall maintain books, records,
documents, and other evidence directly pertinent to performance of the work under this
Agreement in accordance with generally accepted accounting principals and practices
consistently applied and as required by the OWNER and /or DOE. The OWNER, DOE, or any
of their duly authorized representatives, shall, for the purpose of audit and examination, have
access to and be permitted to inspect such books, records, documents, and other evidence for
inspection, audit and copying for a period of three years after completion of the Project. The
OWNER and DOE shall also have access to such books, overhead data, records and documents
either prior to negotiations or during the performance of the Project work if deemed
necessary by the OWNER or DOE to verify ENGINEER's work and invoices, Such information
shall include but not be limited to:
(1) A statement about the accounting system indicating the following:
(a) An overview of the accounting system and its capability to track costs and
provide financial information.
(b) Written procedures and policies concerning the accounting system, timekeeping,
payroll, purchased services and materials, direct and indirect cost control,
asset capitalization, depreciation, and pre- contract costs.
(2) Chart of accounts including definition of what is included in each account.
(3) A statement indicating the basis for the overhead rate if it is historical informa-
tion, or future information. If it is future information, then indicate both historical
and future and explain the change from historical information to future. In execut-
ing this Agreement, the ENGINEER certifies under penalty of perjury that the over-
head burden rate information, separate direct and indirect charges that no direct
charges are included with the indirect charges and that the indirect charges do not
include any unauthorized charges per the Federal Acquisition Regulations Part 31.
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5.5.2 Audits conducted under this section shall be in accordance with generally accepted
auditing standards and established procedures and guidelines of the reviewing or audit
agency(ies).
5.5.3 The ENGINEER agrees to the disclosure of all information and reports resulting
from access to records under paragraphs of this Section provided that the Engineer is afforded
the opportunity for an audit exit conference and an opportunity to comment and submit any
supporting documentation on the pertinent portions of the draft audit report and that the fin-
al audit report will include written comments of reasonable length, if any, of the ENGINEER.
5.5.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included
in each subcontract for work on the Project.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
6.1.1 The construction cost of the entire PROJECT (herein referred to as "Construction
Cost ") means the total cost to OWNER of those portions of the entire PROJECT designed and
specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the
cost of land, rights of way, or compensation for, or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance, counseling or
auditing services, or interest and financing charges incurred in connection with the PROJECT
or the cost of other services to be provided by others to OWNER.
6.2 Opinions of Probable Construction Cost
6.2.1 Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor's methods of determining prices, or over
competitive bidding or market conditions, ENGINEER's Opinions of Probable Construction Cost
provided for herein are to be made on the basis of ENGINEER's experience and qualifications
and represent ENGINEER's judgment performed in a manner consistent with that level of care
and skill ordinarily exercised by other professional consultants under similar circumstances who
are familiar with the construction industry; but ENGINEER cannot and does not guarantee that
proposals or actual Total PROJECT or Construction Costs will not vary from Opinions of
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Probable Construction Costs prepared by ENGINEER. If, prior to the Bidding, OWNER wishes
greater assurance as to Total PROJECT or Construction Costs, OWNER shall employ an
independent cost estimator.
SECTION 7 - GENERAL CONSIDERATION
7.1 Termination
7.1.1 The OWNER may terminate this Agreement, in whole or in part, in writing if the
ENGINEER substantially fails to fulfill any or all of its obligations under this Agreement
through no fault of the OWNER, provided, that insofar as practicable, the ENGINEER will be
given: (1) not less than thirty (30) calendar days' written notice delivered by certified mail,
return receipt requested, of intent to terminate; and (2) an opportunity for consultation with
the OWNER before termination.
7.1.2 In addition to termination under Paragraph 7.1.1. the OWNER may terminate this
Agreement, in whole or in part, in writing, for its convenience; provided, the ENGINEER will
be given (1) not less than thirty (30) calendar days' written notice delivered by certified mail,
return receipt requested, of intent to terminate; and, (2) an opportunity for consultation with
the OWNER before termination.
7.1.3 If the OWNER terminates for default on the part of the ENGINEER, the ENGINEER
shall determine the amount of work satisfactorily completed to the date of termination and
the amount owing to the ENGINEER using the criteria set forth below; provided, that (1) no
amount shall be allowed for anticipated profit on unperformed services and (2) any payment
due to the ENGINEER at the time of termination may be adjusted to the extent of any
additional costs the OWNER incurs because of the ENGINEER's default. In such event, the
OWNER shall consider the actual costs incurred by the ENGINEER in performing the Project
work to the date of termination, the amount of work originally required which was
satisfactorily completed to the date of termination, whether that work is in a form or of a
type which is usable and suitable to the OWNER at the date of termination, the cost to the
OWNER of completing the work itself or of employing another firm to complete it and the
inconvenience and time which may be required to do so, and other factors which affect the
value to the OWNER of the Project work performed to the date of termination. Under no
circumstances shall payments made under this provision exceed the costs set forth in this
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Agreement. This provision shall not preclude the OWNER from filing claims and /or
commencing litigation to secure compensation for costs, expenses or damages incurred beyond
that covered by contract.
7.1.4 If the OWNER terminates for convenience, the OWNER will pay an amount for
services satisfactorily performed to the date of termination, a reasonable profit for such
services or other work satisfactorily performed, and an amount for expenses incurred before
the termination, in addition to termination settlement costs the ENGINEER reasonably incurs
relating to commitments which had become firm before the termination, unless the OWNER
determines to assume said commitments. This provision shall not preclude the ENGINEER from
filing claims and /or commencing litigation to secure compensation for costs, expenses, or
damages incurred beyond that covered by contract.
7.1.5 Upon receipt of a termination notice under Paragraphs 7.1.1 or 7.1.2 above, the
ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs other-
wise) and data, drawings, specifications, calculations, reports, estimates, summaries, such other
information and materials as the ENGINEER or subconsultants may have accumulated in
performing this Agreement, whether completed or in progress and all equipment /materials
purchased specifically for the Project where the OWNER has reimbursed the ENGINEER for
such costs.
7.1.6. Upon termination under any paragraph above, the OWNER may take over the work
and prosecute the same to completion by agreement with another party or otherwise.
7.1.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations,
it is determined that the ENGINEER has not so failed, the termination shall be deemed to
have been effected for the convenience of the OWNER. In such event, the equitable
adjustment shall be determined as set forth in Paragraph 7.1.4 of this Section.
7.1.8 If, because of death, unavailability, or any other occurrence, it become impossible
for any lead personnel employed by the ENGINEER in Project work or for any corporate
officer of the ENGINEER to render his services to the Project, the ENGINEER shall not be
relieved of its obligations to complete performance under this Agreement without the
concurrence and written approval of the OWNER. If the OWNER agrees to termination of this
Agreement under this provision, payment shall be made as set forth in Paragraph 7.1.3 of this
Section.
17
•
a '
7.2 Reuse of Documents
All documents including Drawings and Specifications prepared or furnished by ENGINEER
pursuant to this Agreement are instruments of service in respect of the PROJECT and
ENGINEER shall retain an ownership and property interest therein whether or not the
PROJECT is completed. OWNER may make and retain copies for information and reference in
connection with the use and occupancy of the PROJECT; however, such documents are not
intended or represented to be suitable for reuse by OWNER or others on extensions of the
PROJECT or on any other PROJECT. Any reuse without written verification or adaptation by
ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability
or legal exposure to ENGINEER and OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorney's fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGINEER.
7.3 Limitation of Liability
7.3.1 The ENGINEER shall be responsible for the professional quality, technical adequacy
and accuracy, timely completion and coordination of all plans, designs, drawings, specifications,
reports and other services prepared or performed by the ENGINEER and its subconsultants
under this Agreement regardless of any proposals or suggestions made by the OWNER. The
ENGINEER shall correct or revise any errors, omissions or other deficiencies in plans, designs,
drawings, specifications, reports and other services without additional compensation. The
ENGINEER shall perform its work to conform to generally accepted professional standards
applicable to the types of services and work provided hereunder.
7.3.2 The OWNER's approval of plans, drawings, designs, specifications, reports, and other
products of the professional services rendered hereunder and the OWNER's submittal of any
proposal or suggestions to the ENGINEER shall not in any way relieve the ENGINEER of
responsibility for the technical adequacy or accuracy thereof. Neither the OWNER's review,
approval or acceptance of, nor payment for, any of the services shall be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
18
•
7.3.3 The ENGINEER shall be and shall remain liable, in accordance with applicable law,
for all damages to and costs incurred by the OWNER caused by, arising from or connected
with the ENGINEER's errors, omissions or sole negligent performance of any of the services
furnished under this Agreement.
7.4 Insurance
7.4.1 ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
7.4.2 ENGINEER shall maintain professional liability insurance for protection against
claims arising out of performance of services under this Agreement caused by errors, omissions
or sole negligent acts for which ENGINEER is legally liable.
7.5 Controlling Law
This Agreement is to be governed by the law of the State of Washington.
7.6 Successors and Assigns
7.6.1 The OWNER and ENGINEER, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. Neither the OWNER nor ENGINEER shall assign, sublet or
transfer any interest in this Agreement without the written consent of the other.
7.7 Arbitration
7.7.1 Upon mutual agreement by the OWNER and ENGINEER, all claims, disputes and
other matters in question between the parties to this Agreement, arising out of or relating to
this Agreement or the breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association. No
19
arbitration, arising out of or relating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not a party to this Agreement except
by written consent containing a specific' reference to this Agreement and signed by
ENGINEER, the OWNER, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute consent to arbitration
of any dispute not described therein or with any person not named or described therein. This
Agreement to arbitrate and any agreement to arbitrate with an additional person or persons
duly consented to by the parties to this Agreement shall be specifically enforceable under the
prevailing arbitration law.
7.7.2 Notice of the demand for arbitration shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The demand shall be made
within a reasonable time after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the due date when institution of legal
or equitable proceedings based on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
7.7.3 The award rendered by the arbitrators shall be final and judgment may be entered
upon it in accordance with applicable law in any court having jurisdiction thereof.
7.8 Equal Employment and Non - Discrimination
7.8.1 In connection with the work under this Agreement, ENGINEER agrees to comply
with the applicable provisions of State and Federal Equal Opportunity statues and regulations.
7.9 Indemnification
7.9.1 ENGINEER hereby states, and the OWNER acknowledges, that neither ENGINEER nor
ENGINEER's consultants have any professional liability (errors and omissions) or other
insurance, and is unable to reasonably obtain such insurance, for claims or claims expenses
arising out of the performance of or failure to perform professional services, including but not
limited to the preparation of reports, designs, Drawings and Specifications, which are related
to the investigation, detection, abatement, replacement or removal of parts, materials or
processes containing asbestos or relating to the actual, alleged or threatened discharge,
dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous or
20
7
•
thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids alkalis, chemicals
and waste). Accordingly, OWNER hereby agrees to bring no claim for negligence, breach of
contract, indemnity or otherwise against ENGINEER, its principles, employees, agents and
consultants if such claim in any way would relate to asbestos or pollutants in the PROJECT.
OWNER further agrees to the fullest extent permitted by law to defend, indemnify and hold
harmless ENGINEER, its principles, employees, agents and consultants from and against all
claims, damages, losses and expenses, direct or indirect, or consequential damages, including
but not limited to fees and charges of attorneys and court and arbitration costs, arising out
of or resulting from the performance of ENGINEER's services hereunder, or claims against
ENGINEER brought by third parties arising from ENGINEER's services or the services and /or
work of others, related to asbestos and /or pollutant activities.
7.9.2 In performing the work under this Agreement, ENGINEER agrees to protect,
indemnify and save the OWNER harmless from and against any and all injury or damage to the
OWNER or its property, and also from and against all claims, demands and causes of action of
every kind and character arising directly or indirectly or in any way incident to, in
connection with, or arising out of work performed under the terms hereof, when caused by
the sole negligent acts, errors or omissions of the ENGINEER, its agents, employees,
representatives or subcontractors. ENGINEER specifically promises to indemnify the OWNER
against claims or suits brought under Title 51 RCW by its employees or subcontractors and
waives any immunity that the ENGINEER may have under that title with respect to, but only
to, the OWNER. ENGINEER further agrees to fully indemnify OWNER from and against any
and all costs of defending any such claim or demand to the end that the OWNER is held
harmless therefrom. This paragraph shall not apply to damages or claims resulting from the
sole negligence of the OWNER.
7.10 Prohibited Interests
7.10.1. No member, officer or employee of the OWNER or of its governing body, or of a
local public body, or of the Washington State Legislature, during his tenure or one year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. In addition, no member of or delegate to the Congress of the United States shall be
admitted to a share of part of this Agreement or to any benefit arising therefrom.
21
•
s -
7.11 Notice
7.11.1 Any notice required to be given under the terms of this Agreement shall be directed
to the party at the address set forth below. Notice shall be considered issued and effective
upon receipt thereof by the addressee -party or twenty -four (24) hours after mailing to the
place of business set forth below, whichever is earlier.
OWNER: City of Yakima
Regional Wastewater Facility
2220 East Viola
Yakima, WA 98902
Attention: Mr. Chris Waarvick, Wastewater Superintendent
ENGINEER: CWC -HDR, Inc.
300 Admiral Way, Suite 204
Edmonds, WA 98020 -4120
Attention: Mr. Henry H. Benjes, Jr., Principal -in- Charge
7.12 Entirety, Amendment and Execution of Agreement
This Agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the subject matter hereof and constitutes the
entire agreement between the parties.
This Agreement may be amended only by written instrument signed by the parties
hereto.
This Agreement shall be executed in three (3) counterpart copies, any of which
shall be considered for all purposes as the original.
22
•
•
APPENDIX
EXHIBIT A
ESTIMATED COSTS OF RESIDENT FIELD REPRESENTATIVE
Per Diem Rate
Salary Cost x 2.5 x 8 hours /day = $535 /day
Monthly Costs
Labor Charges: $535 /day x 21 days /month= $11,235
Mileage Allowance = 400
Miscellaneous Expense (Photos & Phone) = 550
TOTAL MONTHLY COSTS $12,185
Estimated Job Costs
$12,185 /month x 7 months = $ 85,295
TOTAL JOB COSTS $ 85,295
A -1
5 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: Approv- . o for .
Name: • • , , c Air
Title: City Manager
Address: 129 North 2nd Street Witness:
Yakima, WA 98901
Karen S. Roberts, City Clerk
City Contract NO. 88 -4
Res. D -5429
"ENGINEER" -
CWC -HDR, INC. /
By: �.� f.. ..
Name: /p
Title: ./
Address: 3300 44 /
�L dyrtt�i, 11/4 G If z
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged
it as the Executive Vice President of CWC -HDR, Inc. to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Date: /'/i '/)CJ e'
Notary •ublic in and for the State of ashington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
23
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RESOLOTION NO.
A RESOLUTION authorizing the execution of an agreement with CWC-HDR,
Inc., consulting engineers, for consulting engineering
services.
WHEREAS, consulting engineering services are required to provide
administration of the construction contract for the construction of the
aeration system and other improvements, and for the design of modif-
ications for the trickling filter pump station for the Wastewater Treat-
ment Plant, and
WHEREAS, CWC-HDR, Inc., consulting engineers, has agreed to perform
those services in accordance with the provisions, terms and conditions
of the agreement document; and the City Council deems it to be in the
best interest of the City that the attached agreement document be exec-
uted for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY oouNcaL CI' THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with �C-HDR,
Inc., consulting engineers, for the purpose mentioned above, a copy of
which agreement, entitled "Agreement for Professional Engineering Ser-
vices for Construction Services for System Improvement at the Yakima
Regional Wastewater Treatment Plant", is attached hereto and by ref-
erence made a part hereof.
grj°'N
-
ADOPTED BY THE CITY COUNCIL this fl day of , )r , CNwo - el - A 1988.
,==,L
Mayor
ATTEST
K ek/ux - ' _,3
City Clerk.
ORDI D8
AMENDMENT NO. 3
TO
Allh
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
•
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AMENDMENT, made and entered into this day of 1989, by and
between the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the " OWNER"
and CWC -HDR, Inc., a Nebraska Corporation with a license to practice in the
State of Washington and with a place of business at Lincoln Plaza, Building
• C - Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004, hereinafter referred
to as the "ENGINEER ".
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22,
1988, as amended August 24, 1988 and January 25, 1989, for professional
engineering services for system improvements at the Yakima Regional Wastewater
Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER and ENGINEER have identified the need for Additional
Services as set forth in SECTION 2 - ADDITIONAL SERVICES, and
WHEREAS, the OWNER has requested that the ENGINEER provide ADDITIONAL SERVICES
and facilities necessary to accomplish the Additional Services as set forth
in the Scope of Work, Exhibit C, attached hereto;
NOW THEREFORE, in consideration of the terms, conditions and,covenants of
performance contained or incorporated herein, the OWNER and ENGINEER' agree
that the Agreement shall be amended pursuant to 1.3 and 7.12 of the Agreement
as follows:
1. SECTION 5 - PAYMENTS TO ENGINEER, following sub paragraph 5.1.4. Add
the following:
5.1.4.1 The estimated fee of subconsulting services for surveying,
geotechnical investigation and hydraulic modeling of the Rudkin Road
Pumping Station, as further defined in Exhibit C, is Sixty Two Thousand
Dollars ($62,000.00).
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective authorized officers or representatives as of the
day and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: Approved as to form:
Name: Richard A. Zais, Jr.
Title: City Manager Witness:
Address: 129 North 2nd Street
Yakima, Washington 98901 Karen S. Roberts, City Clerk
City Contract No.
"ENGINEER"
CWC -HDR, INC. , /
By: �//
/
Name: Gary L. Bleeker
ill/
Title: Vice President
Address: Lincoln Plaza
Building C - Suite 200
11225 SE Sixth Street
Bellevue, WA 98004
State of Washington
County of King
I certify that I know or have satisfactory evidence that Gary L. Bleeker
signed this instrument and on oath stated that he was authorized to execute
the instrument and acknowledged it, as the Vice President of CWC -HDR, Inc.,
to be free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Date : C,;%braG / 7, /919 I..�L _/L_' / /
'o ar Public and for the/
State of Washington, residing at
Seattle, Washington. My
commission expires 9 -1 -91.
•
EXHIBIT C
•
SCOPE OF WORK FOR ADDITIONAL SERVICES FOR DESIGN SURVEY, GEOTECHNICAL
INVESTIGATION AND HYDRAULIC MODELING OF THE RUDKIN ROAD PUMPING STATION.
Item 1: Survey:
Y
Provide location and elevation surveys at the existing Yakima Regional
Wastewater Treatment Plant for purposes of verification of existing site
conditions and identification of special facilities as generally described as
follows:
A. Provide field notes or equivalent computer generated field data
containing horizontal location of the following:
1. All structures both above grade and below grade as can be,observed
visually, including primary effluent piping, entrance structure to
trickling filters, aeration basins, effluent split structure, final
clarifiers, chlorine contact basin, chlorine building, influent
building at odor control unit location, Rudkin Road Pumping.Station,
secondary effluent flow diversion box, trickling filter clarifier,
valve pits, manholes, pumping facilities, drain structures,
cleanouts, valve boxes, irrigation facilities, outfall line at plant
site and at river, and other facilities. Survey includes
• identification of water lines, irrigation lines, storm sewers,
telephone, electric or other facilities as can be observed visually.
2. Locate all surface features such as concrete,walks, stairs, pads,
curb lines, fences, concrete walls, asphalt, and include a general
outline of site landscaping.
3. Test holes conducted by others.
B. Provide vertical location. of significant project features identified
above and including specific elevations of the following:
1. Weirs, inverts, and gates of special manholes at inlets and outlets
(influent sewer, effluent sewer):
2. Weir, top of weir wall and channel elevations (4 each) of existing
clarifiers. Also influent and effluent box inverts from existing
clarifiers.
3. Ground elevations at test hole sites.
Services to be provided in this Item 1: Survey, will be provided by Centaur
Land Surveying, Yakima, WA 98902, under the direction of the ENGINEER.
Item 2: Geotechnical Investigation:
Accomplish geotechnical investigation to complete, design of system
improvements at the Yakima Regional Wastewater Treatment Plant as generally
described as follows:
•
A. Drill 5 or 6 soil borings to depths of about 20 feet each. Soil samples
will be obtained from the borings for further examination and testing.
B. Test selected samples to evaluate their physical characteristics
pertinent to the planned construction. Laboratory tests are expected to
consist of moisture - density determinations, classification tests,
consolidation characteristics, and compaction tests.
C. Accomplish engineering analyses to define geotechnical design parameters,
including: site preparation, foundation conditions, ground water
conditions, and excavation and fill placement considerations.
D. Summarize the investigation results in a written report.
E. Provide design consultation.
Services to be provided in this Item 2: Geotechnical Investigation, will be
provided by Landau Associates, Inc., Edmonds, WA 98020, under the direction
of the ENGINEER.
Item 3: Hydraulic Modeling:
Provide hydraulic modeling studies and consultation of the Rudkin Road Pumping
Station to aid in re- design of this facility as generally described as
follows:
A. Observe operation of the existing facilities, collect information for
fabrication of the pumping station model, and verification of the models
simulation of existing conditions.
B. Prepare a fabricated model of the Rudkin Road Pumping Station, calibrate
the model and verify that flow patterns that the model generate match
those observed in the field.
C . The model w i l l be used to determine the level of air entrainment and
vortex formation which occurs with the present design and operating
scheme. A sequence of tests will be documented at varying levels of
water elevation in the wet well and operating pump conditions.
D. The model will be used to test design modifications and /or additions and
identify a satisfactory approach to final design configuration. Critical
test cases defined during the base line testing will be employed.
E. The modified model will be used to test operation sequences to define the
best method of future operation of this facility.
F. A final report will be prepared which incorporates recommended
modifications, operating schedules, photos of pertinent model test
conditions, tabulated test data and discussion of test results.
•
Services to be provided in this Item 3: Hydraulic Modeling, will be provided
by Engineering Hydraulics, Inc., Redmond, WA 98052, under the direction of the
ENGINEER.
RESOLUTION NO. s-
A RESOLUTION authorizing the execution of Amendment #3 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC -HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC -HDR, Inc.
entered into an agreement entitled "Agreement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide design survey, geotechnical investigation, and hydraulic model-
ing of the Rudkin Road Pumping Station, and
WHEREAS, CWC -HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #3 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #3 to the Agreement, Final Design
and Bid Services, be executed for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #3 to the Agreement with
CWC -HDR, Inc., for the purposes mentioned above, a true copy of which
Amendment #3 entitled "Amendment #3 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC -HDR, Inc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this ; t day of , 1989.
(;; )&h.41eLe
MAYOR
ATTEST:
L Jet, C
CITY CLERK
ORDI I2
AMENDMENT NO. 2
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
9 lz_
THIS AGREEMENT, made and entered into this , S 1 "` day of 1980, by and between
the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the "OWNER" and CWC -HDR, Inc.,
a Nebraska Corporation with a license to practice in the State of Washington and with a place of
business at Lincoln Plaza, Building C - Suite 200, 11225 SE Sixth Street, Bellevue, WA 98004,
hereinafter referred to as the "ENGINEER."
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22, 1988,
as amended August 24, 1988, for professional engineering services for system improvements at the
Yakima Regional Wastewater Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER is now prepared to authorize the ENGINEER to proceed with
Paragraph 1.5 Final Design Phase and Paragraph 1.6 Bidding Phase as set forth in the Scope of Work,
Exhibit B, attached to Amendment No. 1.
NOW THEREFORE, in consideration of the terms, conditions and covenants of performance
contained or incorporated herein, the OWNER and ENGINEER agree that the Agreement shall be
amended pursuant to 1.3 and 7.12 of the Agreement as follows:
1. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.6. Delete the last two sentences
and add the following:
The LUMP SUM cost for Final Design services shall be Five Hundred - Thirty Thousand Eight
Hundred Dollars ($530,800) based upon a single contract.
2. SECTION 5 - PAYMENTS TO ENGINEER, sub paragraph 5.1.7. Delete the last two sentences
and add the following:
-1-
•
The LUMP SUM cost for Bidding Services shall be Fourty -Nine Thousand Six Hundred Dollars
($49,600) based upon a single contract.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective authorized officers or representatives as of the day and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: �� Approved as t m:
Name: Richard A. Zais, Jr.
w
Title: City Manager W' ness:
Address: 129 North 2nd Street i (°, �YlC-
Yakima, Washington 98901 Karen S. Roberts, City Clerk
City Contract No. 89 -6
"ENGINEER" Resolution D - 5541
CWC -HDR, INC. /
By fi '41r4 t
Name: Gordon L. Culp
Title: Executive Vice President
Address: Lincoln Plaza
Building C - Suite 200
11225 SE Sixth Street
Bellevue, WA 98004
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this instrument
and on oath stated that he was authorized to execute the instrument and acknowledged it, as the
Executive Vice President of CWC -HDR, Inc., to be free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Date: t3 .av j� , ,c/Z/
Not ry Public in a d for the State of W hington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
-2-
•
a '
RESOLUTION NO. I) " 55 4 f
A RESOLUTION authorizing the execution of Amendment #2 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC-HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC-HDR, Inc.
entered into an agreement entitled "Agreement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide preliminary design, final design, bidding services and con-
struction contract administration for the following Wastewater Treatment
Improvement Projects: 1) trickling filter pump station; 2) laboratory
expansion; 3) dechlorination facilities; 4) facility odor control; 5)
secondary clarifiers; 6) solids handling; 7) river diffuser; 8) other
miscellaneous improvements; and
WHEREAS, CWC-HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #2 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #2 to the Agreement, Final Design
and Bid Services, be executed for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #2 to the Agreement with
GC-HDR, Inc., for the purposes mentioned above, a true copy of Which
Amendment #2 entitled "Amendment #2 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC-HDR, Inc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this C1 day of , 1989.
\)45
MAYOR
ATTEST:
1 4/ 6X)\,a--__ V1k9A CITY CLERK
ORDI 12
AMENDMENT NO. 1
TO
AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
AT THE
YAKIMA REGIONAL WASTEWATER TREATMENT PLANT
BETWEEN
CITY OF YAKIMA
AND
CWC -HDR, INC.
THIS AGREEMENT, made and entered into this 2f--i day of , 1988, by and between
the CITY OF YAKIMA, WASHINGTON, hereinafter referred to as the "OWNER" and CWC -HDR, Inc.,
a Nebraska Corporation with a license to practice in the State of Washington and with a place of
business at 300 Admiral Way, Suite 204, Edmonds, Washington 98020 -4127, hereinafter referred to
as the "ENGINEER."
WITNESSETH:
WHEREAS, the OWNER and ENGINEER have entered into a contract dated January 22, 1988
for professional engineering services for system improvements at the Yakima Regional Wastewater
Treatment Plant, hereinafter referred to as the "PROJECT," and
WHEREAS, the OWNER has requested that ENGINEER provide Additional Work; and
facilities necessary to accomplish the services as set forth in the Scope of Work, Exhibit B, attached
hereto and incorporated herein; and for purposes of this Amendment only, all references to
"PROJECT" and work herein are limited to the Scope of Work, Exhibit B.
NOW THEREFORE, in consideration of the terms, conditions and covenants of performance
contained or incorporated herein, the OWNER and ENGINEER agree that the Agreement shall be
amended pursuant to 1.3 and 7.12 of the Agreement as follows:
1. SECTION 1 - BASIC SERVICES. Delete Paragraph 1.4 Design Services - Trickling Filter
Pumping Station in its entirety, including subparagraphs 1.4.1 thru 1.4.5, and add the following.
-1-
F
•
•
•
•
}
1.4. Preliminary Design Phase.
After written authorization to proceed with the Preliminary Design Phase, ENGINEER will:
1.4.1 In consultation with OWNER and on the basis of the accepted Comprehensive
Plan for Sewerage System, determine the general scope, extend and character of the
PROJECT.
1.4.2 Prepare Preliminary Design documents, consisting of final design criteria,
preliminary drawings, a schedule of design drawings, outline specifications and written
descriptions of the PROJECT.
1.4.3 Advise OWNER if additional data or services of the types described in
paragraph 2.3 Other Additional Services are necessary for Final Design, and assist
OWNER in obtaining such data and services.
1.4.4 Based on the information contained in the Preliminary Design documents, submit
an Opinion of Probable Construction Costs for the proposed facilities, revised schedule
for the PROJECT and other implementation requirements.
1.4.5 Furnish 8 copies of the Preliminary Design documents and present and review
them with OWNER.
1.5 Final Design Phase
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
1.5.1 On the basis of the accepted Preliminary Design documents and the Opinion
of Probable Construction Costs, prepare for incorporation in the Contract Documents
final drawings to show the general scope, extent and character of the work to be
furnished and performed by Contractor, hereinafter called Drawings and Specifications.
Said specifications will be prepared in conformance with the sixteen division format
of the Construction Specifications Institute.
1.5.2 Provide technical criteria, written descriptions and design data for OWNER's
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use in filing applications for permits with, or obtaining approvals of, such governmental
authorities as have jurisdiction to approve the design of the PROJECT, and assist
OWNER in consultations with appropriate authorities.
1.5.3 Advise OWNER of any adjustments to the Opinion of Probable Construction
Costs caused by changes in general scope, extent or character or design requirements
of the PROJECT or construction costs. Furnish to OWNER a revised Opinion of
Probable Construction Costs based on the Drawings and Specifications.
1.5.4 Prepare for review and approval by OWNER, its legal counsel and other advisors
contract agreement forms, general conditions, and supplementary conditions, proposal
forms, invitations to bid and instructions to bidders.
1.5.5 Furnish forty (40) copies of the above documents and of the Drawings and
Specifications and present and review them with OWNER.
1.6 Bidding Phase
After written authorization to proceed with the Bidding Phase, ENGINEER shall:
1.6.1 Assist OWNER in advertising for and obtaining proposals or negotiating
proposals for each separate prime contract for construction, materials, equipment and
services; and, where applicable, maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre -bid conferences and receive and
process deposits for Bidding Documents.
1.6.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents.
1.6.3 Consult with OWNER concerning, and determine the acceptability of, substitute
materials and equipment proposed by Contractor(s) when substitution prior to the award
of contracts is allowed by the Bidding Documents.
1.6.4. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in
evaluating bids or proposals and in assembling and awarding contracts for construction,
materials, equipment or services.
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2. SECTION 4 - PERIOD OF SERVICE - Add the following:
4.5 Preliminary Design Phase and Final Design Phase of service as outlined in Section 1
will be completed and submitted within the stipulated period indicated herein, or in
subsequent Exhibits hereto, after written authorization to proceed with each Phase of service.
4.6 ENGINEER's services under the Preliminary Design Phase and Final Design Phase
will each be considered complete on the date when the submissions for that Phase have been
accepted by OWNER or in each case, such additional time as may be considered reasonable for
obtaining approval of governmental authorities having jurisdiction to approve the design of
the PROJECT.
4.7 After acceptance by OWNER of ENGINEER's Drawings, Specifications and other
Final Design Phase documentation, including the Opinion of Probable Construction Costs, and
upon written authorization to proceed, ENGINEER shall proceed with performance of the
services called for in the Bidding Phase. This Phase shall terminate and the services to be
rendered thereunder shall be considered complete upon commencement of the Construction
Phase.
4.8 If OWNER has requested modifications or changes in the general scope, extent or
character of the PROJECT, the time of performance and fee for ENGINEER's services shall
be adjusted equitably.
4.9 Where modifications or changes are due to causes within the control of the ENGINEER,
the time of performance and fee for ENGINEER's services shall be as required by the
Agreement and subsequent Amendments thereto.
3. SECTION 4 - PERIODS OF SERVICE, Paragraph 4.2. In the fourth line following "... whichever
occurs first" place a period(.) and delete the remainder of the paragraph.
4. SECTION 4 - PERIODS OF SERVICE, Paragraph 4.4. In the first line between "services" and
"during" insert "for design or."
5. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.1.1. Delete "Twenty Seven
Thousand Dollars ($27,000)." and substitute "Thirty Seven Thousand Dollars ($37,000)."
6. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.1.2. Delete in its entirety.
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7. SECTION 5 - PAYMENTS TO ENGINEER, subparagraph 5.1.3. Delete in its entirety and
substitute the following:
5.1.3 For Preliminary Design, Final Design and Bidding Services as described in Paragraph
1.4, Paragraph 1.5 and Paragraph 1.6 for Item 1 Trickling Filter Pumping Station, payment
shall be a LUMP SUM of Ninety Seven Thousand Six Hundred Dollars ($97,600).
8. SECTION 5 - PAYMENTS TO ENGINEER. Add the following:
5.1.5 For Preliminary Design, as described in Paragraph 1.4 for Item 2 thru Item 8, payment
shall be a LUMP SUM of One Hundred -Five Thousand Six Hundred Dollars ($105,600) based
upon a single contract.
5.1.6 For Final Design, as described in Paragraph 1.5 for Item 2 thru Item 8, payment shall
be based on a LUMP SUM. The estimated LUMP SUM cost for Final Design services is
$441,000 based upon a single contract. The final LUMP SUM for Final Design may be adjusted
upon completion of Preliminary Design.
5.1.7 For Bidding Services, as described in Paragraph 1.6 for Item 2 thru Item 8, payment shall
be based on a LUMP SUM. The estimated LUMP SUM cost for Bidding Services is $39,300
based upon a single contract. The final LUMP SUM for Bidding Services may be adjusted
upon completion of Final Design.
5.1.8 For Construction Phase - Administration of the Construction Contract as described
in Paragraph 1.2 for Item 1 thru Item 8, payment will be based on a COST PLUS FIXED FEE.
The estimated COST PLUS FIXED FEE f or Construction Phase Services is $171,300 based upon
a single contract. The final COST PLUS FIXED FEE for Construction Phase Services may be
adjusted upon completion of Bidding Services.
5.1.9 For Resident Field Representative as described in Paragraph 2.2 for Item 1 thru Item
8, payment shall be based on a PER DIEM. The estimated PER DIEM for Resident Field
Representative Services is $185,000. The final PER DIEM for Resident Field Representative
Services may be adjusted upon completion of Bidding Services.
9. SECTION 7 - GENERAL CONSIDERATION, subparagraph 7.1.4. Delete the last sentence.
10. ENGINEER shall perform the work under Exhibit B consistent with the terms and conditions
of the Agreement. The OWNER shall compensate ENGINEER for such work which is
satisfactorily completed consistent with the terms and conditions of the Agreement.
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10. The terms, conditions and covenants of performance set forth in the Agreement are only
amended as specifically set forth in this Amendment No. 1.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective authorized officers or representatives as of the day and year first above written.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: < i�� � �b. % Approved as to form:
Name: Richard A. Zais, Jr.
Title: City Manager Wit(ess:
Address: 129 North 2nd Streets
Yakima, Washington 98901 Karen S. Roberts, City Clerk
City Contract No. 88- 8
"ENGINEER" Res. D - 5490
CWC -HDR, INC.
D. /Kr
rte. .i
Name: Gordon L. Culp
Title: Executive Vice President
Address: 300 Admiral Way, Suite 204
Edmonds, Washington 98020
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this instrument
and on oath stated that he was authorized to execute the instrument and acknowledged it as the
Executive Vice President of CWC -HDR, Inc. to be free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
f
Dater .r / 1/14f._ .l / S /
Not. y Public in . d for the State of W. shington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
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EXHIBIT B
SCOPE OF WORK
A. Items of Work
The following items of work are to be included in the Scope of Work and
hereinafter are to be incorporated into the "PROJECT."
Item 1 Trickling Filter Pumping Station - Provide new 40 mgd trickling
filter pumping station renovation of two trickling filter
distribution arms, and modification of site piping control system
and electrical work to accommodate the new facilities to assist the
City in meeting nitrification requirements. The Opinion of
Probable Construction Costs for this facility is $1,875,000. This
project was identified in the Comprehensive Plan.
Item 2 Laboratory Expansion - Provide for expansion of laboratory
facilities to accommodate increased sampling and testing and the
additional requirements of a pretreatment program as set forth in
the 1988 NPDES Permit. The Opinion of Probable Construction
Costs for this facility, including an allowance of $60,000 for new
laboratory equipment, is $298,000. This project was identified in
the Comprehensive Plan.
Item 3 Dechlorination Facilities - Provide facilities for dechlorination of
the treated effluent prior to discharge to the Yakima River and
associated modifications to chlorine control equipment. The
Opinion of Probable Construction Costs for this facility is $150,000.
This project was identified in the Comprehensive Plan.
Item 4 Trickling Filter Odor Control - Provide trickling filter covers,
forced air ventilation, and odor control of trickling filters resulting
from having to use the trickling filters to meet nitrification
requirements. The Opinion of Probable Construction Costs for this
facility is $1,100,000. This project was identified in the
Comprehensive Plan.
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Item 5 Secondary Clarifiers - Provide two new secondary clarifiers to
meet existing hydraulic conditions and to provide for increased
solids resulting from nitrification requirements including
modifications to existing site piping. The Opinion of Probable
Construction Costs for this facility is $2,380,000. These items have
been identified in the Comprehensive Plan.
Item 6 Solids Handling - Provide added solids handling and dewatering
equipment consisting of a new dissolved air flotation thickener, an
additional centrifuge in the existing building and modifications to
polymer feed system resulting from increased solids of the
nitrification process. The Opinion of Probable Construction Costs
for this facility is $1,580,000. These items have been identified in
the Comprehensive Plan.
Item 7 River Diffuser - Extend the outfall piping into the Yakima River
and provide diffuser piping. The Opinion of Probable Construction
Costs for this facility is $320,000. This project has recently been
identified by WDOE as being necessary at the treatment facilities.
Item 8 Miscellaneous Improvements - Provide improvements to NPW
system, yard piping, solids metering, energy efficiency
improvements, heating and air conditioning energy improvements,
septage system aeration, revisions at sludge drying beds, and revise
screening facilities and other improvements at the Rudkin Road
pumping station. The Opinion of Probable Construction Costs for
these facilities is $260,000. These items have been identified in the
Comprehensive Plan.
B. Basis of Preliminary Design, Final Design and Bidding Services
To prepare a LUMP SUM PRICE for each Item of Work as set forth in paragraph
A, the ENGINEER has estimated the Probable Construction Costs and the number
of drawings required to perform the work as set forth herein.
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Item 1 Trickling Filter Pumping Station - Total drawings estimated at 24
sheets.
Item 2 Laboratory Expansion - Total drawings estimated at 13 sheets.
Item 3 Dechlorination Facilities - Total drawings estimated at 6 sheets.
Item 4 Trickling Filter Odor Control - Total drawings estimated at 22
sheets.
Item 5 Secondary Clarifiers - Total drawings estimated at 28 sheets.
Item 6 Solids Handling - Total drawings estimated at 25 sheets.
Item 7 River Diffuser - Total drawings estimated at 6 sheets. Services
would include a special study of river hydraulics during
Preliminary Design.
Item 8 Miscellaneous Improvements - Total drawings estimated at 15
sheets.
Based on a single contract for Item 2 thru Item 8, the total number of drawings
are estimated at 108 sheets. The Opinion of Probable Construction Costs for Item
2 thru Item 8 is $6,088,000. Including Item 1, the Opinion of Probable
Construction Costs is $7,868'8,000, with an estimated total of 130 sheets.
C. LUMP SUM PRICE for Preliminary Design, Final Design and Bidding Services.
Based on the Opinion of Probable Construction Costs, and the estimated number
of drawings, the ENGINEER has estimated the LUMP SUM PRICE for each Item
of Work as described in paragraph A as follows:
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Item 1 Trickling Filter Pumping Station
Preliminary Design $ 12,400
Final Design 75,400
Bidding Services 9,800
Subtotal $ 97,600
Item 2 Laboratory Expansion
Preliminary Design $ 8,200
Final Design 48,500
Bidding Services 5,200
Subtotal $ 61,900
Item 3 Dechlorination Facilities
Preliminary Design $ 5,000
Final Design 23,000
Bidding Services 2,300
Subtotal $ 30,300
Item 4 Trickling Filter Odor Control
Preliminary Design $ 12,800
Final Design 86,700
Bidding Services 6,300
Subtotal $ 105,800
Item 5 Secondary Clarifiers
Preliminary Design $ 18,800
Final Design 104,400
Bidding Services 9,200
Subtotal $ 132,400
Item 6 Solids Handling
Preliminary Design $ 21,600
Final Design 92,100
Bidding Services 8,300
Subtotal $ 122,000
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$
a
Item 7 River Diffuser
Preliminary Design $ 27,000
Final Design 25,000
Bidding Services 2,500
Subtotal $ 54,500
Item 8 Miscellaneous Improvements
Preliminary Design $ 12,200
Final Design 61,300
Bidding Services 5,500
Subtotal $ 79,000
Total of Individual Items 2 thru Item 8
Preliminary Design $ 105,600
Final Design 441,000
Bidding Services 39,300
Subtotal $ 585,900
Based on a single contract for Item 2 thru Item 8, the LUMP SUM PRICE for
Preliminary Design as identified herein is $105,600.00.
The LUMP SUM PRICE for Final Design may be adjusted by Amendment to the
Agreement at the time of completion of the Preliminary Design. Adjustment may
be based upon an updated Opinion of Probable Construction Costs, and /or revised
estimate of the number of drawings required to perform the work, and /or
reduced time schedule to meet accelerated project schedule, and /or changes in
general scope, extent or character or design requirements. The estimated LUMP
SUM cost for Final Design Services is $441,000.
The LUMP SUM PRICE for Bidding Services may be adjusted by Amendment to
the Agreement at the time of completion of the Final Design. Adjustment may
be based on an updated Opinion of Probable Construction Costs, and /or number
of drawings required to perform the work, and /or number of contract schedules
to be incorporated in the Bidding Phase, and /or reduced time schedule to meet
accelerated project schedule, and /or changes in general scope, extent or character
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or design requirements. The estimated LUMP SUM cost for Bidding Services is
$39,300. The LUMP SUM fees for Final Design and Bidding Services as set forth
herein are based upon a single contract for Item 2 thru Item 8.
Preliminary Design, Final Design and Bidding Services as set forth in Item 1 -
Trickling Filter Pumping Station have been previously authorized by the City of
Yakima as a separate project at a LUMP SUM PRICE of $97,600.
D. Estimated COST PLUS FIXED FEE for Construction Phase - Administration of
the Construction Contract.
The following represents the ENGINEER'S estimated COST PLUS FIXED FEE
for the Construction Phase of each project as set forth in paragraph A above.
Item Description Estimated Price
1 Trickling Filter Pumping Station $ 22,400
2 Laboratory Expansion 17,000
3 Dechlorination Facilities 7,500
4 Trickling Filter Odor Control 27,000
5 Secondary Clarifiers 36,000
6 Solids Handling 30,000
7 River Diffuser 9,600
8 Miscellaneous Improvements 21.800
Total $ 171,300
Based on a single construction contract for Item 1 thru Item 8, the estimated
COST PLUS FIXED FEE for the Construction Phase is $171,300.
The final COST PLUS FIXED FEE for Construction Phase Services will be
determined by the OWNER and ENGINEER at the time of award of the
Construction Contract for the PROJECT. The final COST PLUS FIXED FEE for
Construction Phase Services may be adjusted in the Agreement by Amendment.
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E. Estimated PER DIEM cost for Resident Engineer
Based on a single contract for Item 1 thru Item 8, and an estimated 14 month
construction schedule, the estimated cost for Resident Engineer Services for the
PROJECT is $185,000.
The final PER DIEM cost for Resident Engineer Services will be determined by
the OWNER and ENGINEER at the time of award of the Construction Contract
for the PROJECT. The final PER DIEM cost for Resident Engineer Services
may be adjusted in the Agreement by Amendment.
F. Estimated Schedule for completion of Preliminary Design, Final Design and
Bidding Services
The following represents the ENGINEER'S estimate of time required to complete
those items of work as set forth in paragraph A. This estimate assumes that Item
1 - Trickling Filter Pumping Station will proceed as a separate project under a
previous Notice to Proceed issued by the City of Yakima, and that Item 2 thru
Item 8 will be authorized as a single contract to the ENGINEER for Preliminary
Design, Final Design and Bidding Services, and as a single contract document for
the construction of the PROJECT. If Item 1 is incorporated into a single
construction contract with Item 2 thru Item 8, the performance schedule for Item
2 thru Item 8 shall prevail for all work.
Item 1 Trickling Filter Pumping Station
Preliminary Design August 25, 1988
Final Design November 1, 1988
Bidding Phase 2 months following Final
Design approval
Construction Phase 6 months following
Construction Award
Item 2 thru Item 8
Preliminary Design 2 months following
Notice to Proceed
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Final Design 6 months following
Preliminary Design
approval
Bidding Phase 3 months following Final
Design approval
Construction Phase 14 months following
Construction Award
The costs and schedule are subject to revisions if the OWNER elects to separate the
PROJECT into individual contracts to the ENGINEER, or individual contracts for
construction.
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5 �� � �� y� 9 0
RESOLUTION NO. �� .. ���� ��
A RESOLUTION authorizing the execution of Amendment #1 to the Agree-
ment for Professional Engineering Services at the Yakima
Regional Wastewater Treatment Plant with CWC-HDR, Inc.
WHEREAS, on January 22, 1988, the City of Yakima and CWC-HDR" Inc.
entered into an agreement entitled "Agrement for Professional Engineer-
ing Services at the Yakima Regional Wastewater Treatment Plant" here-
after called Agreement; and
WHEREAS, additional consulting engineering services are required to
provide preliminary design, final design, bidding services and con-
struction contract administration for the following Wastewater Treatment
Improvement Projects: 1) trickling filter pump station; 2) laboratory
expansion; 3) d8ChlDriDatiOn facilities; 4) trickling filter odor con-
trol; 5) secondary clarifiers; 6) solids handling; 7) river diffuser; 8)
Other miscellaneous improvements; and
WHEREAS, CWC-HDR, Inc., as consulting engineers, has agreed to
perform those additional services in accordance with the provisions,
terms and conditions of Amendment #1 to the agreement document; and
WHEREAS, the City Council deems it to be in the best interest of
the City that the attached Amendment #1 to the Agreement be executed for
that purpose, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute Amendment #1 to the Agreement with
CWC-HDR, Inc., for the purposes mentioned above, a true copy of which
Amendment #1 entitled "Amendment #1 To Agreement for Professional Eng-
ineering Services at the Yakima Wastewater Treatment Plant between the
City of Yakima and CWC-HDR, INc., is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this ' day of / �'~f , 1988.
\
MAYOR
ATTEST:
CITY CLERK
ORDI 12
AGREEMENT
between
CITY OF YAKIMA
and
CWC -HDR, INC.
for
Professional Engineering Services
for
Construction Services for System Improvements
at the Yakima Regional Wastewater Treatment Plant
9 ,
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TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES 1
DESCRIPTION OF THE PROJECT 1
SECTION 1- -BASIC SERVICES 1
1.1 General 1
1.2 Construction Phase - Administration of the Construction Contract 1
1.3 Changes in Additional Work 4
1.4 Design Services - Trickling Filter Pump Station 5
SECTION 2 -- ADDITIONAL SERVICES 5
2.1 General 5
2.2 Resident Field Representation 5
2.3 Other Additional Services 6
SECTION 3 -- OWNER'S RESPONSIBILITIES 9
SECTION 4 -- PERIODS OF SERVICE 10
4.1 General 10
SECTION 5 -- PAYMENTS TO ENGINEER 11
5.1 Methods of Payment for Services and Expenses of Engineer 11
5.2 Intervals of Payment 12
5.3 Other Provisions Concerning Payments 12
5.4 Definitions 13
5.5 Audit and Access to Records 14
SECTION 6 -- CONSTRUCTION COST AND OPINIONS OF COST 15
6.1 Construction Cost 15
6.2 Opinions of Probable Construction Cost 15
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SECTION 7 -- GENERAL CONSIDERATIONS 16
7.1 Termination 16
7.2 Reuse of Documents 18
7.3 Limitation of Liability 18
7.4 Insurance 19
7.5 Controlling Law 19
7.6 Successors and Assigns 19
7.7 Arbitration 19
7.8 Equal Employment and Non - Discrimination 20
7.9 Indemnification 20
7.10 Prohibited Interests 21
7.11 Notice 22
7.12 Entirety, Amendment and Execution of Agreement 22
APPENDIX
Exhibit A Estimated Costs of Resident Field Representative A -1
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THIS IS AN AGREEMENT made as of V antiUr 22 ,1987 between the "OWNER ", CITY OF
YAKIMA, with principal office at 129 North 2nd Street, Yakima, Washington 98901, and CWC-
HDR, Inc., with principal offices at 300 Admiral Way, Suite 204, Edmonds, Washington 98020,
hereinafter referred to as "ENGINEER ". OWNER intends to construct a new influent screening
building, new fine - bubble diffused aeration system, new aeration basin dewatering system, new
trickling filter pumping station, replace a portion of the plant storm water system, modify
existing bar screens, modify influent metering, modify the plant water system, modify the
digester gas compressor, modify the sludge loading facility, and other miscellaneous and
related work, hereinafter called the "PROJECT ".
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional services by ENGINEER and the payment for those services by
OWNER as set forth below.
SECTION 1 - BASIC SERVICES
1.1 General
1.1.1 ENGINEER shall provide for OWNER professional services in all phases of the
PROJECT to which this Agreement applies as hereafter provided. These services will include
serving as OWNER's professional engineering representative for the PROJECT, providing
professional engineering consultation and advice and furnishing architectural, civil, structural,
mechanical and electrical engineering services and related architectural /engineering services
incidental thereto.
1.2 Construction Phase - Administration of the Construction Contract
During the Construction Phase, after authorization in writing by the OWNER, the ENGINEER
shall:
1.2.1 Consult with and advise OWNER and act as OWNER's representative as set forth
herein and as provided in the ENGINEER's General Conditions and Duties, Responsibilities and
Limitations of the Authority of Resident Project Representatives of the Standard Documents of
the Construction Contract. The extent and limitations of the duties, responsibilities and
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authority of ENGINEER as assigned in said Standard Documents shall not be modified, except
as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will
be issued through ENGINEER who will have authority to act on behalf of OWNER to the
extent provided in said Standard Documents except as otherwise provided in writing.
1.2.2 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. ENGINEER will not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the work. ENGINEER will not be responsible
for the construction means, methods, techniques, sequences, or procedures or the safety
precautions incident thereto. ENGINEER's efforts will be directed toward providing assurance
for OWNER that the completed project will conform to the requirements of the Contract
Documents, but, in performing the services required by this Agreement, ENGINEER will not be
responsible for the Contractor's failure to perform the construction work 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 OWNER
informed of the progress of the work, will use its best efforts to alert OWNER to defects and
deficiencies in the work of the Contractor, and may disapprove or reject work as failing to
conform to the Contract Documents.
1.2.3 May disapprove of or reject Contractors' work while it is in progress if ENGINEER
believes that such work will not produce a completed PROJECT that conforms generally to the
Contract Documents or that it will prejudice the integrity of the design concept of the
PROJECT as reflected in the Contract Documents. ENGINEER shall at all times have access
to the work wherever it is in preparation or progress.
1.2.4 Review and approve or take other appropriate action in respect of Shop Drawings,
samples and other data which Contractor is required to submit, but only for conformance with
the design concept of the PROJECT and compliance with the information given in the Contract
Documents. Such reviews and approvals or other action shall not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and programs
incident thereto.
1.2.5 Evaluate and determine the acceptability of substitute materials and equipment
proposed by Contractor.
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1.2.6 Have authority, as OWNER's representative, to require special inspection or testing
of the work, and shall receive and review all certificates of inspections, testings, and
approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract
Documents to determine generally that their content complies with the requirements of, and
the results certified indicate compliance with, the Contract Documents.
1.2.7 Act as initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder and make decisions on all claims of OWNER and
Contractor relating to the acceptability of the work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of the work. ENGINEER
shall not be liable for the results of any such interpretations or decisions rendered without
negligence and in good faith.
1.2.8 Based on ENGINEER's on -site observations as an experienced and qualified design
professional and on ENGINEER's review of the Contractor's applications for payment and
supporting data, ENGINEER will determine the amount owing to the Contractor and approve in
writing payment to the Contractor in such amounts. Such approvals of payment shall
constitute a representation to OWNER, based on such observations and review, that the work
has progressed to the point indicated and that, to the best of ENGINEER's knowledge,
information, and belief, the quality of the work is in accordance with the Contract Documents
(subject to an evaluation of the work as a functioning project upon substantial completion, to
the results of any subsequent tests called for in the Contract Documents and to any
qualifications stated in his approval), but by approving an application for payment, ENGINEER
shall not be deemed to have represented that ENGINEER has made any examination to
determine how or for what purposes the Contractor has used the moneys paid on account of
the contract price.
1.2.9 Receive and review maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals which are to be assembled by
Contractor in accordance with the Contract Documents to determine that their content
complies with the requirements of, and in the case of certificates of inspection, tests and
approvals the results certified indicate compliance with, the Contract Documents; and shall
transmit them to OWNER with written comments.
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1.2.10 Conduct a construction review to determine if the work is substantially complete
and a final construction review to determine if the completed work is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor and may give written
notice to OWNER and the Contractor that the work is acceptable subject to any conditions
therein expressed.
1.2.11 Prepare a set of mylar reproducible record prints of Drawings showing those
changes made during the construction process, based on the marked -up prints, drawings and
other data furnished by Contractor to ENGINEER.
1.2.12 ENGINEER shall use its best efforts to maintain continuity in personnel and shall
assign John Koch as Project Manager and Henry Benjes as Principal -in- Charge throughout the
term of this Agreement unless other personnel are approved by the OWNER.
1.3 Changes in Additional Work
1.3.1 The OWNER may, at any time, by written order direct the ENGINEER to revise
portions of the Project work previously completed in a satisfactory manner, delete portions of
the Project or make other changes within the general scope of the services or work to be
performed under this Agreement. If such changes cause an increase or decrease in the
ENGINEER's cost of, or time required for, performance of any services under this Agreement,
an equitable cost and /or completion time adjustment shall be made and this Agreement shall
be modified in writing accordingly. The ENGINEER must assert any claim for adjustment
under this Section in writing within thirty (30) days from the date of receipt by the
ENGINEER of the notification of change.
1.3.2 The OWNER may, at any time, request that the ENGINEER perform additional work
beyond the scope of the Project work, hereinafter referred to as "Additional Work."
Compensation for each such request for Additional Work will be negotiated by the OWNER and
the ENGINEER consistent with the compensation provisions set forth herein and, if so
authorized, shall be considered part of the Project work. The ENGINEER shall not perform
any Additional Work until so authorized by the OWNER in writing.
1.3.3 No services for which additional compensation will be charged by the ENGINEER
shall be furnished without the prior written authorization of the OWNER.
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1.4 Design Services - Trickling Filter Pumping Station
During the Design Phase, after authorization in writing by OWNER, the ENGINEER shall:
1.4.1 Prepare a design memorandum describing a new trickling filter pumping station
including design basis, layout, related piping, and new electrical and control requirements.
Prepare a detailed estimated construction cost for the proposed facilities, schedule for the
project and other implementation requirements.
1.4.2 Based on the facilities described in the design memorandum, prepare drawings and
specifications.
1.4.3 Within five months of execution of this Amendment, prepare and send one (1) copy
of plans and specifications to the DOE for their review. Respond to comments from DOE.
1.4.4 Provide the OWNER with forty (40) copies of the plans and specifications for use in
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advertising for bids.
1.4.5 Assist the OWNER in soliciting bids; be present at the bid opening, tabulate bids
received, analyze bids and make recommendations for the award of the contract.
SECTION 2 - ADDITIONAL SERVICES
2.1 General
The following Additional Services are not included in the Basic Services. They shall be
provided if authorized or confirmed in writing by the OWNER, and shall be paid for by the
OWNER as provided in this Agreement, in addition to compensation for Basic Services.
2.2 Resident Field Representation
2.2.1 The OWNER and ENGINEER agree that more extensive representation at the site
shall be provided than is described under Paragraph 1.2.2. ENGINEER shall provide one
Field Representative to assist ENGINEER in carrying out such responsibilities at the site.
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Field Representation shall be on a full time basis. Full time Field Representation is generally
defined as having a representative on site when work is in progress.
2.2.2 Such Field Representative shall be selected, employed, and directed by ENGINEER,
and ENGINEER shall be compensated therefor as mutually agreed between the OWNER and
ENGINEER as set forth in this Agreement. The duties, responsibilities and limitations of
authority of such Field Representative shall be described in the ENGINEER's General
Conditions and duties, responsibilities and limitations of the authority of Resident Project
Representative of the Contract Documents.
2.2.3 Through the observations by such Field Representative, ENGINEER shall use its best
efforts to provide further protection for the OWNER against defects and deficiencies in the
work, but the furnishing of such PROJECT representation shall not modify the rights,
responsibilities or obligations of ENGINEER as described in Section 1.2.
2.3 Other Additional Services
2.3.1 Services resulting from significant changes in the general scope, extent or character
of the PROJECT or its design including, but not limited to, changes in size, complexity,
OWNER's schedule, character of construction or method of financing; and revising previously
accepted studies, reports, design documents or Contract Documents when such revisions are
required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent
to the preparation of such studies, reports or documents, or are due to any other causes
beyond ENGINEER's contr.ol.
2.3.2 Preparing documents of alternate, separate, or sequential bids or providing extra
services in connection with bidding, negotiation or construction when requested by the
OWNER.
2.3.3 Providing any type of property surveys or related engineering services needed for
the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable Contractor to proceed with their work; and
providing other special field surveys.
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2.3.4 Preparation of applications and supporting documents (in addition to those furnished
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under Basic Services) for private or governmental grants, loans or advances in connection with
the PROJECT; preparation or review of environmental assessments and impact statements;
review and evaluation of the effect on the design requirements of the PROJECT of any such
statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the PROJECT.
2.3.5 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.3.6 Preparing documents for alternative proposals requested by OWNER for Contractor's
work which is not executed or documents for out -of- sequence work.
2.3.7 Investigations and studies involving, but not limited to, consideration of operations,
maintenance and overhead expenses; providing value engineering during the course of design;
the preparation of feasibility studies, cash flow and economic evaluations, .rate schedules and
appraisals; assistance in obtaining financing for the PROJECT; evaluating processes available
for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of
material, equipment and labor; and audits or inventories required in connection with
construction performed by OWNER.
2.3.8 Furnishing services of independent professional associates and consultants for other
than Basic Services.
2.3.9 Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
2.3.10 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the PROJECT.
2.3.11 Services in connection with work directive changes and change orders to reflect
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
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2.3.12 Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitutions proposed by Contractor; and services after the award of each
contract in evaluating and determining the acceptability of an unreasonable or excessive
number of substitutions proposed by Contractor.
2.3.13 Services resulting from significant delays, changes or price increases occurring as a
direct or indirect result of material, equipment or energy shortages.
2.3.14 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of defective or
neglected work of any Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
2.3.15 Services other than Basic Services in connection with any partial utilization of any
part of the PROJECT by OWNER prior to Substantial Completion.
2.3.16 Evaluating an unreasonable or extensive number of claims submitted by Contractor
or others in connection with the work.
2.3.17 Provide assistance in the closing of any financial or related transaction for the
PROJECT.
2.3.18 Provide assistance in connection with the refining and adjusting of any equipment
or system.
2.3.19 In company with OWNER, visit the PROJECT to observe any apparent defects in the
completed construction, assist OWNER in consultations and discussions with Contractor
concerning correction of such deficiencies, and make recommendations as to replacement or
correction of defective work.
2.3.20 Additional services in connection with the PROJECT, including services which are to
be furnished by OWNER in accordance with Section 3 and services not otherwise provided for
in this Agreement.
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2.3.21 Assist OWNER in developing systems and procedures for control of the operation
- and maintenance of and record keeping for the PROJECT.
2.3.22 Preparation of operating, maintenance and staffing manuals.
2.3.23 Assist OWNER in training OWNER's staff to operate and maintain the PROJECT.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of the
ENGINEER.
3.1 Designate in writing a person to act as OWNER's representative with respect to the
services to be rendered under this Agreement. Such person shall have complete authority to
transmit instruction, receive information, interpret and define OWNER's policies and decisions
with respect to ENGINEER's services for the PROJECT unless otherwise noted in the written
designation.
3.2 Furnish the services of soils /geotechnical engineers or other consultants when such
services are deemed necessary by ENGINEER.
3.3 Arrange for access to and make all provisions for ENGINEER to enter upon public
and private property as required for ENGINEER to perform services under this Agreement.
3.4 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER for owner review, obtain advice of an attorney, insurance
counselor and other consultants as OWNER deems appropriate for such examination and render
in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.5 Furnish approvals and permits from all governmental authorities having jurisdiction
over the PROJECT and such approvals and consents from others as may be necessary for
completion of the PROJECT.
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3.6 Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the PROJECT, such legal services as OWNER may require or
ENGINEER may reasonably request in regard to legal issues pertaining to the PROJECT
including any that may be raised by Contractor, such auditing service as OWNER may require
to ascertain how or for what purpose any Contractor has used the monies paid under the
construction contract, and such inspection services as OWNER may require to ascertain that
Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to
their furnishing and performing the work.
3.7 Advertise for proposals from bidders, open the proposals at an appointed time and
place, and pay for all costs incidental thereto.
3.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's services,
or any defect or non - conformance in the work of any Contractor.
SECTION 4 - PERIODS OF SERVICE
4.1 General
The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the PROJECT through completion of the work.
ENGINEER's obligation to render services hereunder will extend for a period which may
reasonably be required for the PROJECT services including extra work and required extensions
thereto. If specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such dates are exceeded through no
fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall be
subject to equitable adjustment.
4.2 The Construction Phase will commence with award of the Contract for Construction
and will terminate when final payment to the Contractor is due, or in the absence of a final
Application for Payment or of such due date, thirty (30) days after the Date of Satisfactory
Startup and Demonstration of the Construction Contract, whichever occurs first, but not
exceeding seven (7) months from the start of Construction.
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4.3 If OWNER fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, or if the Construction Phase has
not commenced within thirty (30) days after award of the Contract for Construction,
ENGINEER may, after giving thirty (30) days' written notice to OWNER, suspend services
under this Agreement.
4.4 If ENGINEER'S services during construction of the PROJECT are delayed or
suspended in whole or in part by OWNER for more than thirty (30) days for reasons beyond
ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination
of this Agreement) be paid as provided in paragraph 5.3.2.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER
5.1.1 For Construction Phase - Administration of the Construction Contract as described in
Paragraphs 1.2.1 through 1.2.12, payment shall be LUMP SUM.
5.1.1.1 Aeration System Improvements Contract C, Construction Contract payment shall be
Twenty -Seven Thousand Dollars ($27,000.00).
5.1.1.2 Trickling Filter Pumping Station Construction Contract payment shall be Twenty -
Two Thousand Four Hundred Dollars ($22,400.00).
5.1.2 For Resident Field Representative as described in Paragraphs 2.2.1 through 2.2.3,
payment shall be computed on a PER DIEM basis in an amount equal to Salary Cost times a
factor of 2.5. Reimbursable Expenses incurred in connection with such services shall be in
addition to the foregoing compensation.
5.1.2.1 The total payment for such services for the Aeration System Improvements Contract
C Construction Contract is estimated to be Eighty Five Thousand, Two Hundred Ninety -Five
Dollars ($85,295.00) and payments for Resident Field Representative shall not exceed that
estimate without the prior approval of the OWNER. Estimated Costs are itemized in the
Appendix, Exhibit A.
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5.1.2.2 The total payment for such services for the Trickling Filter Pumping Station is not
included in this AGREEMENT.
5.1.3 For Design Services as described in Paragraphs 1.4 through 1.4.5, payment shall be a
LUMP SUM of Ninety -Seven Thousand Six Hundred Dollars ($97,600.00).
5.1.4 For Other Additional Services as described in Paragraphs 2.3.1 through 2.3.23,
payment shall be computed on a PER DIEM basis in an amount equal to Salary Cost times a
factor of 2.5. Reimbursable Expenses incurred in connection with such services shall be in
addition to the foregoing compensation.
5.2 Intervals of Payments
5.2.1 Payments for Basic and Additional Services rendered and Reimbursable Expenses
incurred shall be made once every month. ENGINEER statements, with supporting
documentation satisfactory to OWNER, will be submitted once every month• and will be based
upon total services completed at the time of billing. OWNER shall make prompt payments in
response to ENGINEER's statements.
5.3 Other Provisions Concerning Payments
5.3.1 If OWNER fails to make any payment due ENGINEER for services and expenses
within thirty days after receipt of ENGINEER's statement therefor, the amounts due
ENGINEER will be increased at the rate of 1 -1/2% per month from said thirtieth day, and in
addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services
under this Agreement until ENGINEER has been paid in full all amounts due for services,
expenses and charges; provided, however, ENGINEER shall not have the right to interest or to
take such steps if the invoice is inaccurate, disputed, or incomplete.
5.3.2 If the PROJECT is suspended or abandoned in whole or in part for more than thirty
(30) days, ENGINEER shall be compensated for all services performed prior to receipt of
written notice from the OWNER of such suspension or abandonment, together with
Reimbursable Expenses then due. If the PROJECT is resumed after being suspended for more
than thirty (30) days, ENGINEER's compensation shall be equitably adjusted.
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5.3.3 If and to the extent that the Contract Time initially established in the Contract of
195 days for Construction is exceeded or extended through no fault of ENGINEER,
compensation for any Basic Services required for such extended period of Administration of
the Construction Contract shall be computed as set forth in 5.1.3 for Additional Services.
5.3.4 Records of ENGINEER's Salary Costs, Overhead, and Reimbursable Expenses
pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with
generally accepted accounting principals. Copies will be made available to OWNER at cost on
request prior to final payment for ENGINEER's services and when equitable adjustments are
requested by ENGINEER.
5.4 Definitions
5.4.1 The Salary Costs used as a basis for payment mean salaries and wages paid to all
ENGINEER's personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other
technical and business personnel; plus the cost of customary and statutory benefits including,
but not limited to, social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay
and other group benefits.
5.4.2 The hourly Salary Costs of ENGINEER may be adjusted once on an annual basis to
reflect changes in personnel and in ENGINEER's overall compensation procedures and
practices.
5.4.3 Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in
connection with the PROJECT, such as expenses for: transportation and subsistence incidental
thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of re-
ports, Drawings, Specifications, Bidding Documents, and similar PROJECT - related items in addi-
tion to those required under Section 1; and, if authorized in advance by the OWNER, overtime
work requiring higher than regular rates. In addition, if authorized in advance by OWNER,
Reimbursable Expenses will also include expenses incurred for computer time and other highly
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specialized equipment, including an appropriate charge for previously established programs and
expenses of photographic production techniques. Reimbursable Expenses including but not
limited to Subconsultant or Subcontractor cost will include a 10% markup over cost.
5.5 Audit and Access to Records
5.5.1 The ENGINEER, including its subconsultants, shall maintain books, records,
documents, and other evidence directly pertinent to performance of the work under this
Agreement in accordance with generally accepted accounting principals and practices
consistently applied and as required by the OWNER and /or DOE. The OWNER, DOE, or any
of their duly authorized representatives, shall, for the purpose of audit and examination, have
access to and be permitted to inspect such books, records, documents, and other evidence for
inspection, audit and copying for a period of three years after completion of the Project. The
OWNER and DOE shall also have access to such books, overhead data, records and documents
either prior to negotiations or during the performance of the Project work if deemed
necessary by the OWNER or DOE to verify ENGINEER's work and invoices, Such information
shall include but not be limited to:
(1) A statement about the accounting system indicating the following:
(a) An overview of the accounting system and its capability to track costs and
provide financial information.
(b) Written procedures and policies concerning the accounting system, timekeeping,
payroll, purchased services and materials, direct and indirect cost control,
asset capitalization, depreciation, and pre- contract costs.
(2) Chart of accounts including definition of what is included in each account.
(3) A statement indicating the basis for the overhead rate if it is historical informa-
tion, or future information. If it is future information, then indicate both historical
and future and explain the change from historical information to future. In execut-
ing this Agreement, the ENGINEER certifies under penalty of perjury that the over-
head burden rate information, separate direct and indirect charges that no direct
charges are included with the indirect charges and that the indirect charges do not
include any unauthorized charges per the Federal Acquisition Regulations Part 31.
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5.5.2 Audits conducted under this section shall be in accordance with generally accepted
auditing standards and established procedures and guidelines of the reviewing or audit
agency(ies).
5.5.3 The ENGINEER agrees to the disclosure of all information and reports resulting
from access to records under paragraphs of this Section provided that the Engineer is afforded
the opportunity for an audit exit conference and an opportunity to comment and submit any
supporting documentation on the pertinent portions of the draft audit report and that the fin-
al audit report will include written comments of reasonable length, if any, of the ENGINEER.
5.5.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included
in each subcontract for work on the Project.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
6.1.1 The construction cost of the entire PROJECT (herein referred to as "Construction
Cost ") means the total cost to OWNER of those portions of the entire PROJECT designed and
specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the
cost of land, rights of way, or compensation for, or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance, counseling or
auditing services, or interest and financing charges incurred in connection with the PROJECT
or the cost of other services to be provided by others to OWNER.
6.2 Opinions of Probable Construction Cost
6.2.1 Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor's methods of determining prices, or over
competitive bidding or market conditions, ENGINEER's Opinions of Probable Construction Cost
provided for herein are to be made on the basis of ENGINEER's experience and qualifications
and represent ENGINEER's judgment performed in a manner consistent with that level of care
and skill ordinarily exercised by other professional consultants under similar circumstances who
are familiar with the construction industry; but ENGINEER cannot and does not guarantee that
proposals or actual Total PROJECT or Construction Costs will not vary from Opinions of
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Probable Construction Costs prepared by ENGINEER. If, prior to the Bidding, OWNER wishes
greater assurance as to Total PROJECT or Construction Costs, OWNER shall employ an
independent cost estimator.
SECTION 7 - GENERAL CONSIDERATION
7.1 Termination
7.1.1 The OWNER may terminate this Agreement, in whole or in part, in writing if the
ENGINEER substantially fails to fulfill any or all of its obligations under this Agreement
through no fault of the OWNER, provided, that insofar as practicable, the ENGINEER will be
given: (1) not less than thirty (30) calendar days' written notice delivered by certified mail,
return receipt requested, of intent to terminate; and (2) an opportunity for consultation with
the OWNER before termination.
7.1.2 In addition to termination under Paragraph 7.1.1. the OWNER may terminate this
Agreement, in whole or in part, in writing, for its convenience; provided, the ENGINEER will
be given (1) not less than thirty (30) calendar days' written notice delivered by certified mail,
return receipt requested, of intent to terminate; and, (2) an opportunity for consultation with
the OWNER before termination.
7.1.3 If the OWNER terminates for default on the part of the ENGINEER, the ENGINEER
shall determine the amount of work satisfactorily completed to the date of termination and
the amount owing to the ENGINEER using the criteria set forth below; provided, that (1) no
amount shall be allowed for anticipated profit on unperformed services and (2) any payment
due to the ENGINEER at the time of termination may be adjusted to the extent of any
additional costs the OWNER incurs because of the ENGINEER's default. In such event, the
OWNER shall consider the actual costs incurred by the ENGINEER in performing the Project
work to the date of termination, the amount of work originally required which was
satisfactorily completed to the date of termination, whether that work is in a form or of a
type which is usable and suitable to the OWNER at the date of termination, the cost to the
OWNER of completing the work itself or of employing another firm to complete it and the
inconvenience and time which may be required to do so, and other factors which affect the
value to the OWNER of the Project work performed to the date of termination. Under no
circumstances shall payments made under this provision exceed the costs set forth in this
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Agreement. This provision shall not preclude the OWNER from filing claims and /or
commencing litigation to secure compensation for costs, expenses or damages incurred beyond
that covered by contract.
7.1.4 If the OWNER terminates for convenience, the OWNER will pay an amount for
services satisfactorily performed to the date of termination, a reasonable profit for such
services or other work satisfactorily performed, and an amount for expenses incurred before
the termination, in addition to termination settlement costs the ENGINEER reasonably incurs
relating to commitments which had become firm before the termination, unless the OWNER
determines to assume said commitments. This provision shall not preclude the ENGINEER from
filing claims and /or commencing litigation to secure compensation for costs, expenses, or
damages incurred beyond that covered by contract.
7.1.5 Upon receipt of a termination notice under Paragraphs 7.1.1 or 7.1.2 above, the
ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs other-
wise) and data, drawings, specifications, calculations, reports, estimates, summaries, such other
information and materials as the ENGINEER or subconsultants may have accumulated in
performing this Agreement, whether completed or in progress and all equipment /materials
purchased specifically for the Project where the OWNER has reimbursed the ENGINEER for
such costs.
7.1.6. Upon termination under any paragraph above, the OWNER may take over the work
and prosecute the same to completion by agreement with another party or otherwise.
7.1.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations,
it is determined that the ENGINEER has not so failed, the termination shall be deemed to
have been effected for the convenience of the OWNER. In such event, the equitable
adjustment shall be determined as set forth in Paragraph 7.1.4 of this Section.
7.1.8 If, because of death, unavailability, or any other occurrence, it become impossible
for any lead personnel employed by the ENGINEER in Project work or for any corporate
officer of the ENGINEER to render his services to the Project, the ENGINEER shall not be
relieved of its obligations to complete performance under this Agreement without the
concurrence and written approval of the OWNER. If the OWNER agrees to termination of this
Agreement under this provision, payment shall be made as set forth in Paragraph 7.1.3 of this
Section.
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7.2 Reuse of Documents
All documents including Drawings and Specifications prepared or furnished by ENGINEER
pursuant to this Agreement are instruments of service in respect of the PROJECT and
ENGINEER shall retain an ownership and property interest therein whether or not the
PROJECT is completed. OWNER may make and retain copies for information and reference in
connection with the use and occupancy of the PROJECT; however, such documents are not
intended or represented to be suitable for reuse by OWNER or others on extensions of the
PROJECT or on any other PROJECT. Any reuse without written verification or adaptation by
ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability
or legal exposure to ENGINEER and OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorney's fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGINEER.
7.3 Limitation of Liability
7.3.1 The ENGINEER shall be responsible for the professional quality, technical adequacy
and accuracy, timely completion and coordination of all plans, designs, drawings, specifications,
reports and other services prepared or performed by the ENGINEER and its subconsultants
under this Agreement regardless of any proposals or suggestions made by the OWNER. The
ENGINEER shall correct or revise any errors, omissions or other deficiencies in plans, designs,
drawings, specifications, reports and other services without additional compensation. The
ENGINEER shall perform its work to conform to generally accepted professional standards
applicable to the types of services and work provided hereunder.
7.3.2 The OWNER's approval of plans, drawings, designs, specifications, reports, and other
products of the professional services rendered hereunder and the OWNER's submittal of any
proposal or suggestions to the ENGINEER shall not in any way relieve the ENGINEER of
responsibility for the technical adequacy or accuracy thereof. Neither the OWNER's review,
approval or acceptance of, nor payment for, any of the services shall be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
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7.3.3 The ENGINEER shall be and shall remain liable, in accordance with applicable law,
for all damages to and costs incurred by the OWNER caused by, arising from or connected
with the ENGINEER's errors, omissions or sole negligent performance of any of the services
furnished under this Agreement.
7.4 Insurance
7.4.1 ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
7.4.2 ENGINEER shall maintain professional liability insurance for protection against
claims arising out of performance of services under this Agreement caused by errors, omissions
or sole negligent acts for which ENGINEER is legally liable.
7.5 Controlling Law
This Agreement is to be governed by the law of the State of Washington.
7.6 Successors and Assigns
7.6.1 The OWNER and ENGINEER, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. Neither the OWNER nor ENGINEER shall assign, sublet or
transfer any interest in this Agreement without the written consent of the other.
7.7 Arbitration
7.7.1 Upon mutual agreement by the OWNER and ENGINEER, all claims, disputes and
other matters in question between the parties to this Agreement, arising out of or relating to
this Agreement or the breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association. No
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arbitration, arising out of or relating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not a party to this Agreement except
by written consent containing a specific' reference to this Agreement and signed by
ENGINEER, the OWNER, and any other person sought to be joined. Any consent to
arbitration involving an additional person or persons shall not constitute consent to arbitration
of any dispute not described therein or with any person not named or described therein. This
Agreement to arbitrate and any agreement to arbitrate with an additional person or persons
duly consented to by the parties to this Agreement shall be specifically enforceable under the
prevailing arbitration law.
7.7.2 Notice of the demand for arbitration shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The demand shall be made
within a reasonable time after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the due date when institution of legal
or equitable proceedings based on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
7.7.3 The award rendered by the arbitrators shall be final and judgment may be entered
upon it in accordance with applicable law in any court having jurisdiction thereof.
7.8 Equal Employment and Non - Discrimination
7.8.1 In connection with the work under this Agreement, ENGINEER agrees to comply
with the applicable provisions of State and Federal Equal Opportunity statues and regulations.
7.9 Indemnification
7.9.1 ENGINEER hereby states, and the OWNER acknowledges, that neither ENGINEER nor
ENGINEER's consultants have any professional liability (errors and omissions) or other
insurance, and is unable to reasonably obtain such insurance, for claims or claims expenses
arising out of the performance of or failure to perform professional services, including but not
limited to the preparation of reports, designs, Drawings and Specifications, which are related
to the investigation, detection, abatement, replacement or removal of parts, materials or
processes containing asbestos or relating to the actual, alleged or threatened discharge,
dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous or
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thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids alkalis, chemicals
and waste). Accordingly, OWNER hereby agrees to bring no claim for negligence, breach of
contract, indemnity or otherwise against ENGINEER, its principles, employees, agents and
consultants if such claim in any way would relate to asbestos or pollutants in the PROJECT.
OWNER further agrees to the fullest extent permitted by law to defend, indemnify and hold
harmless ENGINEER, its principles, employees, agents and consultants from and against all
claims, damages, losses and expenses, direct or indirect, or consequential damages, including
but not limited to fees and charges of attorneys and court and arbitration costs, arising out
of or resulting from the performance of ENGINEER's services hereunder, or claims against
ENGINEER brought by third parties arising from ENGINEER's services or the services and /or
work of others, related to asbestos and /or pollutant activities.
7.9.2 In performing the work under this Agreement, ENGINEER agrees to protect,
indemnify and save the OWNER harmless from and against any and all injury or damage to the
OWNER or its property, and also from and against all claims, demands and causes of action of
every kind and character arising directly or indirectly or in any way incident to, in
connection with, or arising out of work performed under the terms hereof, when caused by
the sole negligent acts, errors or omissions of the ENGINEER, its agents, employees,
representatives or subcontractors. ENGINEER specifically promises to indemnify the OWNER
against claims or suits brought under Title 51 RCW by its employees or subcontractors and
waives any immunity that the ENGINEER may have under that title with respect to, but only
to, the OWNER. ENGINEER further agrees to fully indemnify OWNER from and against any
and all costs of defending any such claim or demand to the end that the OWNER is held
harmless therefrom. This paragraph shall not apply to damages or claims resulting from the
sole negligence of the OWNER.
7.10 Prohibited Interests
7.10.1. No member, officer or employee of the OWNER or of its governing body, or of a
local public body, or of the Washington State Legislature, during his tenure or one year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. In addition, no member of or delegate to the Congress of the United States shall be
admitted to a share of part of this Agreement or to any benefit arising therefrom.
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s -
7.11 Notice
7.11.1 Any notice required to be given under the terms of this Agreement shall be directed
to the party at the address set forth below. Notice shall be considered issued and effective
upon receipt thereof by the addressee -party or twenty -four (24) hours after mailing to the
place of business set forth below, whichever is earlier.
OWNER: City of Yakima
Regional Wastewater Facility
2220 East Viola
Yakima, WA 98902
Attention: Mr. Chris Waarvick, Wastewater Superintendent
ENGINEER: CWC -HDR, Inc.
300 Admiral Way, Suite 204
Edmonds, WA 98020 -4120
Attention: Mr. Henry H. Benjes, Jr., Principal -in- Charge
7.12 Entirety, Amendment and Execution of Agreement
This Agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the subject matter hereof and constitutes the
entire agreement between the parties.
This Agreement may be amended only by written instrument signed by the parties
hereto.
This Agreement shall be executed in three (3) counterpart copies, any of which
shall be considered for all purposes as the original.
22
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APPENDIX
EXHIBIT A
ESTIMATED COSTS OF RESIDENT FIELD REPRESENTATIVE
Per Diem Rate
Salary Cost x 2.5 x 8 hours /day = $535 /day
Monthly Costs
Labor Charges: $535 /day x 21 days /month= $11,235
Mileage Allowance = 400
Miscellaneous Expense (Photos & Phone) = 550
TOTAL MONTHLY COSTS $12,185
Estimated Job Costs
$12,185 /month x 7 months = $ 85,295
TOTAL JOB COSTS $ 85,295
A -1
5 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
EXECUTION
"OWNER"
CITY OF YAKIMA
By: Approv- . o for .
Name: • • , , c Air
Title: City Manager
Address: 129 North 2nd Street Witness:
Yakima, WA 98901
Karen S. Roberts, City Clerk
City Contract NO. 88 -4
Res. D -5429
"ENGINEER" -
CWC -HDR, INC. /
By: �.� f.. ..
Name: /p
Title: ./
Address: 3300 44 /
�L dyrtt�i, 11/4 G If z
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that Gordon L. Culp signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged
it as the Executive Vice President of CWC -HDR, Inc. to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Date: /'/i '/)CJ e'
Notary •ublic in and for the State of ashington,
residing at Seattle, Washington. My commission
expires 9 -1 -91.
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RESOLOTION NO.
A RESOLUTION authorizing the execution of an agreement with CWC-HDR,
Inc., consulting engineers, for consulting engineering
services.
WHEREAS, consulting engineering services are required to provide
administration of the construction contract for the construction of the
aeration system and other improvements, and for the design of modif-
ications for the trickling filter pump station for the Wastewater Treat-
ment Plant, and
WHEREAS, CWC-HDR, Inc., consulting engineers, has agreed to perform
those services in accordance with the provisions, terms and conditions
of the agreement document; and the City Council deems it to be in the
best interest of the City that the attached agreement document be exec-
uted for that purpose, now, therefore,
BE IT RESOLVED BY THE CITY oouNcaL CI' THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with �C-HDR,
Inc., consulting engineers, for the purpose mentioned above, a copy of
which agreement, entitled "Agreement for Professional Engineering Ser-
vices for Construction Services for System Improvement at the Yakima
Regional Wastewater Treatment Plant", is attached hereto and by ref-
erence made a part hereof.
grj°'N
-
ADOPTED BY THE CITY COUNCIL this fl day of , )r , CNwo - el - A 1988.
,==,L
Mayor
ATTEST
K ek/ux - ' _,3
City Clerk.
ORDI D8