Loading...
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." 2 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: 3 "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." 4 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: -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 -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. -3- 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. -4- 9 { 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. -5- 4 • 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. -6- • • • 3 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. -1- • s , 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. -2- 4 3 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: -3- 4 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 -4- $ 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 -5- • 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. -6- S 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 -7- 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. -8- S 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 • i 3 ' 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 • ii s ' 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 1 • 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. 2 • 9 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. 3 • 9 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. 4 • • 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 • 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. 5 • • 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. 6 • • 2.3.4 Preparation of applications and supporting documents (in addition to those furnished • 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. 7 • • • 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. 8 • a . 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. 9 • 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. 10 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. 11 • 5 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. 12 • • • 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 13 • 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. 14 • • • • 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 15 • • 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 16 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 • 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 -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. -3- 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. -4- 9 { 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. -5- 4 • 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. -6- • • • 3 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. -1- • s , 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. -2- 4 3 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: -3- 4 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 -4- $ 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 -5- • 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. -6- S 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 -7- 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. -8- S 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 • i 3 ' 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 • ii s ' 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 1 • 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. 2 • 9 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. 3 • 9 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. 4 • • 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 • 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. 5 • • 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. 6 • • 2.3.4 Preparation of applications and supporting documents (in addition to those furnished • 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. 7 • • • 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. 8 • a . 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. 9 • 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. 10 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. 11 • 5 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. 12 • • • 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 13 • 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. 14 • • • • 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 15 • • 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 16 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 • 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