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4637
HDR ENGINEERING INC
Design - Sewage Pump Station CW-1 Upgrade
Engineering
LEG 12-1
06/11/2007
06/01/2008
02/15/2010
01/01/2010
Modification #1-1/08
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CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
HDR ENGINEERING
PROJECT Sewage Pump Station CW-l Upgrade
CONSULTANT
HDR Engineering.
DATE
December 19. 2007
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services A2reement with HDR En2ineerin2 for Desi2n Services for CW-l
Um!rade (the "Contract") entered into between the City of Bremerton and HDR En2ineerin2
on June 28, 200] ',<
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section I. Scope , is modified as follows: Exhibit A, Task 206: Biddin2 and
Construction Assistance allowance is increased bv $7,500. from $7,400 to $14,900.
Section
II. Term
, is modified as follows: No chan2e
Section III. Compensation 0 , is modified as follows:
The original contract amount was $25,000.00 Dollars. The City shall pay the Consultant for the
additional work described above, based on time and materials, an amount not to exceed $7,500.00
Dollars for a total amended contract amount of $32,500.00 Dollars. including this Contract
Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on-site or home office overhead, or lost profits. This
Contract Modification does not limit the City's right to bring a claim for past performance.
CONTRACT MODIFICATION
Project Number: 573/591
..#
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and
other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer / Public Works Director
approved to process~ t! ;:2:/
Initials and Date
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.-DATE: t/z.-! 0 g
DATE:
ATTEST:
tJddtlrjuJ
City Clerk
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
HDR Engineering
City of Bremerton Engineering Dept.
City Clerk's Office
Mr. Bill Davis
Civil Engineer II
City of Bremerton Engineering Department
3027 Olyrnpus Drive
Bremerton, W A 98310
(360) 473-2312
R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc
CONTRACT MODIFICATION
Project Number: 573/591
2
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4637
HDR ENGINEERING INC
Design Services - Sewage Pump Station CW-l Upgrade
Engineering
PRO File Class LEG 12-1
$25000.00
06/11/2007
06/01/2008
05/01/2008
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR
SEWAGE PUMP STATION CW-l UPGRADE
This Agreement is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the
"Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to provide the services set out in the Scope of Work
attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may
be modified only pursuant to Section VII D. of this Agreement. If the Scope of Work provides
for unspecified additional services the City may request, such services shall only be performed
upon the express, written request of the City.
II. Term: This Agreement commences upon issuance of a written Notice to Proceed by the
City and terminates on June 1,2008, unless another date is substituted pursuant to Sections IX.
The Parties agree that time is of the essence for completing this work and agree that work under
this agreement will be completed by the termination date of this agreement.
III. Compensation: In consideration ofthe services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Twenty Five Thousand Dollars
($25,000). Consultant's charges and bills shall conform to the fee schedule attached as Exhibit B
and incorporated herein by reference. The amounts for individual tasks set forth in Table B-1
may vary provided the total is within the not-to-exceed amount, less the amount set aside for
additional services, of this Agreement.
The Consultant shall submit regular billing statements describing services rendered and
the amount charged for each service consistent with the level of detail provided in Exhibit B. The
descriptions shall conform to and fall within the categories set out in the Scope ofvVork. Upon
receipt of a conforming billing statement, the City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in Exhibit B.
BremertonIHDR CW-l Design
Professional Services Agreement
Pagelof5
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or
probable construction cost provided by Consultant are made on the basis of information available
to Consultant and on the basis of Consultant's experience and qualifications, and represents its
judgment as an experienced and qualified professional engineer. However, since Consultant 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, Consultant does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Consultant prepares.
v. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of
Work and will perform independent functions and responsibilities in the area of its particular
field of professional services. Consultant and its personnel are independent Consultants and not
employees of the City. Consultant and its personnel have no authority to bind the City or to
control the City's employees and other consultants or contractors.
As an independent consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Consultant.
VI. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the
City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O")
providing coverage of $1 ,000,000 for negligent errors and omissions committed by Consultant
while performing its obligations under this Agreement, and 2) a comprehensive general liability
("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily
injury and property damage. The CGL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
Consultant shall, at all times, be solely responsible for the negligent or wrongful acts or
failures to act of its personnel, subconsultants and agents which arise in any way out of the
performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the
BremertonIHDR CW-l Design
Professional Services Agreement
Page 2 of5
City and its appointed and elected officials and employees from and against any and all liability,
loss, costs, damage, and expense, including costs and attomey fees in defense thereof, because of
actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death
any time resulting therefrom, sustained by any person or persons, and on account of damage to
property, to the extent arising out of the willful misconduct or negligent performance of the
Agreement, if such injuries to persons or damage to property is due to the willful or negligent act
or omission of the Consultant, its subconsultants, its agents, or assigns.
The City and Consultant have specifically negotiated Consultant's waiver of its immunity under
Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold
harmless of the City, including the duty to defend. This provision shall be inapplicable to the
extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of
the City.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part ofthis Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices:
Notices shall be in writing and delivered to the following addresses:
City Address
Consultant Address
City of Bremerton
239 4th Street
Bremerton, W A 98337
HDR Engineering, Inc.
500 10Sth Avenue NE Ste 1200
Bellevue, W A 9S004-5549
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
Bremerton/HDR CW -] Design
Professional Services Agreement
Page 3 of5
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
1. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' perfonnance of this agreement, each party shall be
responsible for payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to
indemnification under Section VI of this agreement
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Consultant. This Agreement may be immediately terminated for cause by either
Party if the other Party substantially fails to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
five days of the terminating Party's sending notice to the non-performing Party. Upon
termination the City will be entitled to reports showing the status and/or all work products,
independent of their stage of completion or preparation format, of all items listed in the Scope of
Work current through the termination date.
x. Standard Of Performance: The standard of care for all professional engineering and
related services performed or furnished by Consultant under this Agreement will be the care and
skill ordinarily used by members of Consultant's profession practicing under the same or similar
circumstances at the same time and in the same locality.
XI. Construction Procedures: Consultant's observation or monitoring portions of the work
performed under construction contracts shall not relieve the contractor from its responsibility for
performing work in accordance with applicable contract documents. Consultant shall not control
or have charge of, and shall not be responsible for, construction means, methods, techniques,
sequences, procedures of construction, health or safety programs or precautions connected with
the work and shall not manage, supervise, control or have charge of construction.
XII. Re-Use Of Documents: All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by Consultant pursuant to this
Agreement, are instruments of service with respect to the project and are the property of the City.
Any reuse by the City for other than the specific purpose intended will be at City's sole risk and
without liability or legal exposure to Consultant, and City will defend, indemnify and hold
harmless Consultant from all claims, damages, losses and expenses, including attorney's fees
Bremerton/HDR CW-l Design
Professional Services Agreement
Page 4 of5
arising or resulting therefrom. The format for documents and work products shall be as specified
in the exhibits.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
flIP-
, IN C.
~tal Approval
. -~
Phil Wi Iiams, Director PW&U
as to form:
Bremerton/HDR CW-l Design
Professional Services Agreement
Page 5 of5
EXHIBIT A
CITY OF BREMERTON
PUMP STATION CW-l
ENGINEERING DESIGN SERVICES (2007)
SCOPE OF WORK
INTRODUCTION
The purpose of this contract is for HDR to provide engineering services to assist the City in
the design of the upgrade of Pump Station CW -1. The scope of HDR services for this project
include the following tasks. A detailed description of each task is provided herein.
Table 1. Scope of Services
Task Description
101 Project Management, Coordination and Meetings
202 Electrical and Instrumentation Design
206 Bidding and Construction Assistance
300 Additional Services
General Project Assumptions
1. The pump station upgrade will require temporary bypass pumping to facilitate the
construction of the new improvements within the pump station. Design of a
temporary bypass pumping system is not included in this scope.
2. The construction ofthe improvements included in this scope of work is based on the
existing pump station being completely taken out of service.
3. No staging of improvements will be incorporated into the design of the improvements
in this scope.
4. Demolition drawings will be developed by the City.
5. The documents will use the Standard General Conditions of the Construction Contract
as prepared by the Engineers Joint Contract Documents Committee (EJCDC).
6. The City will prepare specifications for Divisions 0 through 11, and Division 15
except for the sections noted in this scope to be prepared by HDR. No specifications
in Divisions 12 or 14 will be developed in this scope of work.
7. The Consultant has completed design improvements for the CW-l previously. The
intent of this scope of work is to incorporate revisions to the design previously
City of Bremerton
Pump Station CW-l Engineering Design Services (2007)
Page 1 of7
provided by HDR based on changes in the design objective since the work was
completed previously.
SERIES 100 TASKS - PROJECT MANAGEMENT
Task 101 - Project Management, Coordination, and Meetings
Consultant Responsibilities:
1. Contracting and internal project controlling and accounting
2. Staff administration and scheduling
3. Monthly reports and invoices
4. Attend coordination and review meetings
Assumptions:
1. Standard invoices and reports will be prepared on a monthly basis
2. HDR standard monthly invoice format will be utilized. This format contains an
itemized list ofproject staff who charged to the project, hourly rates, number of hours
charged, and Other Direct Charges (ODCs).
3. Invoice hours will be classified by tasks.
4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the
invoices unless specifically requested by the City. Backup information will be
available in HDR files for inspection by City project auditing staff, if requested by the
City.
5. The City will maintain the role of overall project coordination with other
governmental agencies.
Work Products:
1. Monthly reports with descriptions of the work performed and cost of associated work.
2. Monthly standard invoice.
SERIES 200 TASKS - DESIGN SERVICES
Task 202 - Electrical and Instrumentation Design
The existing pump station electrical equipment is inadequate to provide service for the
upgraded pumping facility. The electrical upgrade will require new variable frequency drives
(VFDs), new motor control center, line reactors, and new standby generator. It is also
anticipated that a new 600 amp service from Puget Sound Energy (PSE) will be required.
Consultant Responsibilities:
1. Modifications to plans and specifications to bring to 100% completion and ready to be
issued for bid
2. Answer questions from prospective bidders regarding the contract documents.
3. Prepare responses to questions from prospective bidders so that they may be included
in addenda issued by the City
City Responsibilities:
1. City to provide existing instrumentation drawings for 2004 control panel
modifications.
City of Bremerton
Pump Station CW-l Engineering Design Services (2007)
Page 2 of7
2. City will design new in line flow monitoring equipment.
Assumptions:
1. The existing lighting within the pump station will remain.
2. The existing pump station control panel, control equipment, and SCADA system will
remain in place. Existing control equipment includes wet well level sensing check
valve limit switches.
3. Written responses to client review comments will not be required.
4. The City has changed their standard for VFDs and the final electrical revisions to the
specifications and drawings will incorporate changes to reflect the new standard.
5. The existing specifications that will be reviewed and updated include:
16010 ELECTRICAL: BASIC REQUIREMENTS
16060 GROUNDING
16120 WIRE AND CABLE - 600 VOLT AND BELOW
16130 RACEWAYS AND BOXES
16132 CABLE TRAY
16140 WIRING DEVICES
16265 VARIABLE FREQUENCY DRIVES - LOW VOLTAGE
16320 STANDBY ENGINE GENERATOR
16411 TRANSFER SWITCHES
16412 SEPARATELY MOUNTED CIRCUIT BREAKERS
16440 SWITCHBOARDS
16441 PANELBOARDS
16442 MOTOR CONTROL EQUIPMENT
16490 OVERCURRENT AND SHORT CIRCUIT PROTECTIVE DEVICES
16491 LOW VOLTAGE SURGE PROTECTION DEVICES (SPD)
16492 ELECTRICAL METERING DEVICES
16493 CONTROL EQUIPMENT ACCESSORIES
16682 ACTIVE HARMONIC CONDITIONERS
6. A new specification for ARC FLASH REPORTS will be included in the documents.
This will tentatively be numbered 16432.
Work Products:
1. One set of final design drawings and specifications stamped by the engineer.
2. Electronic drawing files in AutoCAD format and Adobe PDF format.
3. Specifications in Microsoft Word.
Task 206 - Bidding and Construction Assistance
Consultant Responsibilities:
1. Upon request by the City, answer specific technical questions from prospective
bidders regarding the contract documents.
2. Assist the City in preparation of addenda items during the bid process.
City of Bremerton
Pump Station CW-I Engineering Design Services (2007)
Page 3 of7
3. Provide engineering support during construction within the allotted hours in the
budget.
4. Review Division 16 shop drawing submittals and the submittals directly related to
specifications and design provided by HDR.
5. Provide engineer's cost estimate for construction. Consultant's charge for estimate
shall not exceed $1500.
City Responsibilities:
1. The City will advertise, evaluate, and award the contract.
2. The City will administer all aspects of the construction contract including coordination
with owners of other utilities that must be relocated prior to construction.
3. Prepare and distribute addenda to plan holders
Assumptions:
1. No field visits will be required during bidding or construction.
2. A total of36 hours ofHDR staff time have been included in the budget for assistance
during bidding and construction.
Work Products:
1. Telephone records or other documentation of bidding questions answered during the
bidding phase.
2. Shop drawing review comments.
3. Engineer's estimate for construction
SERIES 300 TASKS - ADDITIONAL SERVICES
Consultant Responsibilities:
1. Prepare cost proposals for additional services requested by the City.
2. Provide assistance as requested by the City.
City Responsibilities:
1. Request assistance and document request in writing. E-mail is considered suitable for
authorization.
Assumptions:
1. An allowance has been included in the project budget for additional services as
requested by the City. Funds will not be expended from this task budget without
prior written authorization from the City.
Work Products:
1. Work products will be determined at the time services are requested by the City.
City of Bremerton
Pump Station CW-l Engineering Design Services (2007)
Page 4 of7
EXHIBIT B - COMPENSATION
Compensation for ENGINEER'S services under this Agreement shall be on the basis of an
hourly rate equal to Direct Labor Cost times a multiplier of3.2 to be paid as total
compensation for each hour an employee works on the project, plus Reimbursable Expense
with a maximum not to exceed the total amount in Table B-1. This table provides an estimate
of the cost per task as described in Attachment A. The Engineer may adjust the distribution
of compensation between individual tasks of the work noted herein to be consistent with
services actually rendered, but shall not exceed the total estimated compensation amount
unless approved in writing by the Owner.
The amount of any sales tax, excise tax, value added tax (V AT), or gross receipts tax that may
be imposed on this Agreement shall be added to the ENGINEER'S compensation as
Reimbursable Expenses.
Compensation terms are defined as follows:
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel
engaged directly on the Project.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors, computer
usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will
add ten percent (10%) to invoices received by ENGINEER from sub-consultants and
subcontractors. Charges for typical reimbursable expenses incurred by the consultant will be
at the following rates.
Miscellaneous:
Travel:
Postage at cost
Current IRS rate for business use of an automobile
Other travel expenses at cost
Standard at 10 cents per page
$4.10 per labor hour
At cost
75 cents per page for outgoing faxes
No charge for incoming faxes
Copying:
Computer/Software Charge:
Phone:
Fax:
City of Bremerton
Pump Station CW-l Engineering Design Services (2007)
Page 5 of7
The approximate distribution of costs with respect the tasks are as follows.
Table B-1. Task Breakdown of Project Budget
Task Description Estimated
Cost
101 Project Management, Coordination and Meetings $3,500
202 Electrical and Instrumentation Design $5,800
206 Bidding and Construction Assistance $7,400
300 Additional Services (See Note) $8,300
TOTAL CONTRACT AMOUNT $25,000
Note: No charges will be made to task 300 without prior written approval. Email will suffice
as written authorization.
City of Bremerton
Pump Station CW-I Engineering Design Services (2007)
Page 60f7
EXHIBIT C - SCHEDULE
Notice to Proceed
Engineer's Construction Cost Estimate
Final Design Drawings and Specifications
March 12, 2007
March 13, 2007
March 23,2007
City of Bremerton
Pump Station CW-I Engineering Design Services (2007)
Page 70f7