HomeMy WebLinkAboutReso 96-023 - Auth entering into a CH2M Hill Standard Agreement for Prof Serv for the Phase 2 Final Eng Design Serv Clear Creek Lift Station Expansion , . � � • !
RESOLUTION NO. 96-�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING AUTHORIZING ENTERING INTO A CH2M HII,L
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE PHASE 2 FINAL ENGINEERING DESIGN SERVICES
ON THE CLEAR CREEK LIFT STATION EXPANSION
PROJECT, NOT TO EXCEED $271,000.
WHEREAS, on July 18, 1995, the City Council approved the selection of CH2M Hill for the
engineering design services on the Clear Creek Lift Station Expansion Project ("Project"), and
authorized the Director of Public Works to negotiate a contract; and
WHEREAS, on August 1, 1995, by Resolution No. 95-185, the City Council awarded a
contract to CH2M Hill for the Phase 1 preliminary design of the Project; and
WHEREAS, it was the intent of the parties that, upon satisfactory completion of the Phase 1
contract services, a contract be entered into with CH2M Hill for Phase 2; and
WHEREAS, at this time staff is requesting Council approval to enter into a contract with
CH2M Hill, Inc. for the Phase 2 final engineering design services, not to exceed $271,000; and to
authorize $20,000 for City staff time for Project management, environmental review and design
review, and a contingency fund of $20,000, for a total Project cost of $311,000; and
WHEREAS, the total Project will be funded by the Wastewater Utility Fund;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL THAT: �
1. The foregoing recitals are true and correct. �
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2. The City Council approves entering into the attached CH2M Hill Standard Agreement �
for Professional Services for the Phase 2 Final Engineering Design Services in an �
amount not to exceed $271,000. The Mayor is authorized to sign the agreement on
behalf of the City, and the City Clerk is directed to attest his signature and impress the
official seal of the City.
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3. The Council further authorizes the expenditure of $20,000 for City staff time for
Project management, environmental review and design review, and a contingency fund
of $20,000, for a total Project cost of $311,000.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a
regular meeting of the City Council of the City of Redding on the 16 th d1y Of January , 1996, by
the following vote:
AYES: COUNCIL MEMBERS: R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: P. Anderson
ABSTAIN: COUNCIL MEMBERS: None
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DAVID A HOE, May
ATTEST:
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CONNIE S OHIVIAY , ity Clerk
FORM APPROVED:
� E-,/;' �,,. , �,7',
W. LEONARD WIN(G TE, City Attorney
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CH2M I�ILL Standard Agreement
For
Professional Services
This AGREEMENT is between CH2M HII.L, Inc., (the "ENGINEER") and the CTTY OF
REDDING (the "OWNER") for a PROJECT generally described as:
Clear Creek Lift Station Expansion
Article 1—Scope of Services
The Scope of Services is set forth in Attachment A.
Articles 2 and 3—Compensation and Terms of Payment
ENGINEER's compensation and terms of payment are set forth in Attachment B.
Article 4—Obligations of the ENGINEER
Amendments to ARTICLE 4, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the OWNER's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and furnish-
ing customary services incidental thereto.
I3. Standard of Care
The standard of care applicable to ENGINEER's services will be the degree of skill and dili-
gence normally employed by professional engineers or consultants performing the same or
similar services at the time said services are performed. The ENGINEER will re-perform any
services not meeting this standard without additional compensation.
C. Subsurface Investigations
In soils, foundation, groundwater, and other subsurface investigations, the actual characteris-
tics may vary significantly between successive test points and sample intervals and at loca-
tions other than where observations, explorations, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost and/or execution.
These conditions and cosVexecution effects are not the responsibility of the ENGINEER.
RDDIOOISIFD.DOC I "'""
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D. ENGINEER's Personnel at Construction Site
The presence or duties of the ENGINEER's personnel at a construction site, whether as onsite
representatives or otherwise, do not make the ENGINEER or ENGINEER's personnel in any
way responsible for those duties that belong to the OWNER and/or the construction
contractors or other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures necessary for coordi-
nating and completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction work. The
ENGINEER and ENGINEER's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or
any health or safety precautions and have no duty for inspecting, noting, observing, correct-
ing, or reporting on health or safety deficiencies of the construction contractor(s) or other
entity or any other persons at the site except ENGINEER's own personnel.
E. Opinions of Cost, Financial Considerations, and Schedules
In providing opinions of costs, financial analyses, economic feasibility projections, and
schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may affect
� operation or maintenance costs; competitive bidding procedures and market conditions; time
or quality of performance by third parties; quality, type, management, or direction of operat-
ing personnel; and other economic and operational factors that may materially affect the
ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the
OWNER's actual PROJECT costs, �nancial aspects, economic feasibility or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or estimates. When the
OWNER requires the ENGINEER to prepare quantity and material take-offs and/or opinions
of cost from plans and specifications that are less than 100 percent complete, the OWNER
will hold the ENGINEER harmless from any and all loss, liability, or claims resulting from
the incompleteness.
�'. Construction Progress Payments
Recommendations by the ENGINEER to the OWNER for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling that the work has progressed to the point
indicated. Such recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor has com-
pleted the work in exact accordance with the contract documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to ascertain how or
for what purpose the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to OWNER free and clear of liens, claims, security
interests, or encumbrances; or, that there are not other matters at issue between OWNER and
the construction contractor that affect the amount that should be paid.
RDD I OO151 FD.DOC 2
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G. Record I?rawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The ENGI-
NEER is not responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
Record drawings will consist only of the signed and sealed set of drawings in hard copy
form. Any computer-generated files on diskettes or tapes furnished by the ENGINEER aze
for the OWNER and others' convenience and to be used at user's sole risk.
H. Minority-and Women-Owned Business; OWNER-Specified
Subcontractors
ENGINEER will comply with OWNER's directives in utilizing the services of OWNER-
specified subcontractors and/or minority- and women-owned businesses on the PROJECT.
Firms selected by the ENGINEER to meet said directives will be subject to approval of the
OWNER.
I. Access to ENGINEER's Accounting Records
The ENGINEER will maintain accounting records, in accordance with generally accepted
accounting principles and practices, to substantiate all invoiced amounts. Said records will
be available to OWNER during ENGINEER's normal business hours for a period of 1 year
after ENGINEER's final invoice for examination to the extent required to verify the direct
costs (excluding established or standard allowances and rates) incuned hereunder. The
OWNER may only audit accounting records applicable to a cost-reimbursable type
compensation.
J. ENGINEER's Insurance
ENGINEER shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the ENGINEER, his agents, representatives,
or employees as follows:
a. Worker's compensation and employer's liability insurance as required by the state or
province where the work is performed.
b. Automobile Liability, covering owned, non-owned, or hired vehicles with limits no less
than $1,000,000 per accident for bodily injury and property damage.
c. Commercial General Liability coverage at least as broad as Insurance Services Office
Occurrence form CG 0001, with limits no less than $1,000,000 per occur-
rence/$2,000,000 general aggregate.
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R DD I OO l 5(FD.DOC
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d. Professional Liability insurance with limits no less than $1,000,000 per occurrence.
Coverage should be endorsed to include contractual liability.
e. Both General Liability and Automobile Liability policies are to contain, or be endorsed to
contain, the following conditions:
1. The OWNER, its officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of work or operations performed by or
on behalf of the ENGINEER; or automobiles owned, leased, hired, or borrowed
by the ENGINEER.
2. For any claims relating to this project, the ENGINEER's insurance coverage shall
be primary insurance as respects the OWNER, its officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by the OWNER, its
officers, officials, employees, or volunteers shall be excess of the ENGINEER's
insurance and shall not contribute with it.
3. Each insurance policy shall be endorsed to state that coverage shall not be can-
celled except after 30 days prior written notice has been given to the OWNER.
_ Article 5 - Obligations of the OWNER
Amendments to Article 5, if any, are included in Attachment C.
A. Owner-fua�nished Data
The OWNER will provide to the ENGINEER all technical data in the OWNER's possession,
including, but not limited to, previous reports, maps, surveys, borings, and all other informa-
tion relating to the ENGINEER's services on the PROJECT. ENGINEER will reasonably
rely upon the accuracy, timeliness, and completeness of the information provided by the
OWNER.
B. Access to Facilities and Property
The OWNER will make its facilities accessible to ENGINEER as required for ENGINEER's
performance of its services and will provide labor and safety equipment as required by
ENGINEER for such access. OWNER will perform at no cost to ENGINEER such test of
equipment, machinery, pipelines, and other components to the OWNER's facilities as may be
required in connection with ENGINEER's services, unless otherwise agreed to. OWNER
will be responsible for all acts of OWNER's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the OWNER will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, province, or
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RDD I OO I S I FD.DOC 4 �
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federal authorities; and land, easements, rights-of-way, and access necessary for the ENGI-
NEER's services or PROJECT construction.
D. Timely Review
The OWNER will examine the ENGINEER's studies, reports, sketches, drawings, speci�ca-
tions, proposals, and other documents; obtain advice of any attorney, insurance counselor,
accountant, auditor, and other consultants as OWNER deems appropriate; and render in
writing decisions required of OWNER in a timely manner.
E. Prompt Notice
The OWNER will give prompt written notice to ENGINEER whenever OWNER observes or
becomes aware of any development that affects the scope or timing of ENGINEER's services,
or any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
If asbestos or hazardous substances in any form are encountered or suspected, the ENGI-
NEER will stop its own work in the affected portions of the PROJECT to permit testing and
evaluation of the problem. If asbestos is suspected, the ENGINEER will, if requested, assist
� the OWNER in contacting regulatory agencies and in identifying asbestos testing laboratories
and demolition/removal contractors or consultants. If asbestos is confirmed, the OWNER
will engage a specialty consultant or contractor to study the affected portions of the work and
perform all remedial measures.
If hazardous substances other than asbestos are suspected, the ENGINEER will conduct tests
to determine the extent of the problem and will perform the necessary studies and recom-
mend the necessary remedial measures at an additional fee to be negotiated.
G. Contractor Indemnification
OWNER agrees to include the provisions of ARTICLE 4D, ENGINEER's Personnel at
Construction Site, and provisions requiring construction contractors to name ENGINEER as
an additional indemnity and additional insured on contractors existing general liability
insurance in all construction contracts associated with this PROJECT:
H. OWNER's Insurance
OWNER will have the construction contractor provide a Builders Risk All Risk insurance
policy for the full replacement value of all physical facilities associated with the ENGI-
NEER's services. Such policy will include, if available, physical damage perils otherwise
insured under the Builders Risk policy which result from the contingencies of design error,
faulty workmanship, and defects in materials and workmanship. The policy will provide a
waiver of subrogation as to the ENGINEER and OWNER and the construction contractors,
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RDD 100151 FD.DOC
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and their respective officers, officials, employees, agents, subcontractors, and volunteers.
OWNER will provide ENGINEER a copy of such policy.
I. Litigation Insurance
The Scope of Services does not include cost of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the OWNER. All such services required or requested of the ENGINEER, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually
agreed, and payment for such services shall be in accordance with ARTICLE 3, unless and
until there is a finding by a court or arbitrator that ENGINEER's sole negligence caused
OWNER's damage.
J. Changes
The OWNER may make or approve changes within the general scope of services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for per-
formance of the services, an equitable adjustment will be made through a written amendment
to this AGREEMENT.
I�. Services of�NGINEER
Unless this AGREEMENT is modified or terminated, the OWNER will have all services
specified in this AGREEMENT performed by the ENGINEER, employing ENGINEER's
standard form and content of drawings, specifications, and contract documents. Any item in
the nature of maps, drawings, specifications, etc., which are provided to OWNER under this
AGREEMENT shall become the property of OWNER.
Article 6 - General Legal Provisions
Amendments to Article 6, if any, are included in Attachment C.
A. Authorization to Proceed
Execution of this AGREEMENT by the OWNER will be authorization for the ENGINEER
to proceed with the work, unless otherwise provided for in this AGREEMENT.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGI-
NEER are instruments of service for this PROJECT, whether the PROJECT is completed or
not. Reuse by the OWNER or by others acting through or on behalf of the OWNER of any
such instruments of service without the written permission of the ENGINEER will be at the
OWNER's sole risk. The OWNER agrees to indemnify and defend the ENGINEER from all
claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or conse-
quential damages and attorney's fees arising out of or related to such unauthorized reuse.
RDDIOOISIFD.DOC 6 -
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
This AGREEMENT may be terminated for convenience on 30 days' written notice, or for
cause if either party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance within 5 days of written notice and diligently
complete the correction thereafter.
On termination, ENGINEER will be paid for all authorized work performed up to the termi-
nation date plus termination expenses, such as, but not limited to, reassignment of personnel,
subcontract termination costs, and related close-out costs. On termination, ENGINEER shall
turn over to OWNER all items of work for which ENGINEER received payment that are in
the nature of, but not limited to, maps, drawings, calculations, etc.
E. Suspension, Delay, or Interruption of Work
The OWNER may suspend, delay, or interrupt the services of the ENGINEER for the con-
- venience of the OWNER. In the event of force majeure or such suspension, delay, or inter-
ruption, an equitable adjustment in the PROJECT's schedule, commitment, cost of
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
F. No Third Party Bene�iciaries
This AGREEMENT gives no rights or benefits to anyone other than the OWNER and
ENGINEER and has no third-party beneficiaries.
G. Indemnification
a. ENGINEER agrees to indemnify and defend OWNER from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of ENGINEER, its
employees, or agents in connection with the PROJECT.
b. OWNER agrees to indemnify and defend ENGINEER from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of OWNER, its
employees, or agents in connection with the PROJECT.
c. If the negligence or willful misconduct of both the ENGINEER and OWNER (or
a person identified above for whom each is liable) is a cause of such damage or
injury, the loss, cost, or expense shall be shared between ENGINEER and
OWNER in proportion to their relative degrees of negligence or willful miscon-
duct, and the right of indemnity shall apply for such proportion.
RDD 100151 FD.DOC 7
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H. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written con-
sent of the other party.
I. Interpretation
Releases from, indemnities against, limitations on, and assumptions of liability and limita-
tions on remedies expressed in this AGREEMENT shall apply even in the event of breach of
contract or warranty, fault, tort including negligence, strict liability, statutory, or any other
cause of action (except for willful or reckless disregard of obligations) of the party released
or indemnified, or whose liability is limited or assumed, or against whom remedies are lim-
ited. Party, as used herein, includes the named parties, their officers, employees, agents, sub-
contractors, and affiliates.
K. Jurisdiction
The law of the State of California shall govern the validity of this AGREEMENT, its inter-
pretation and performance, and any other claims related to it.
L. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not
affect any other provision, and this AGREEMENT shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
Articles 4, 5, and 6 shall survive termination of this AGREEMENT for any cause.
R DD t 00I51 FD.DOC _
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Article 7 - Attachments, Schedules, and Signatures
This AGREEMENT, including its Attachments and Schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following Attachments and Schedules
are hereby made a part of this AGREEMENT:
Attachment A-Scope of Services
Attachment B-Compensation and Terms of Payment
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RDD I OO I S l FD.D�C 9
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IN WITNESS WHEREOF, the parties execute below:
For the OWNER, CITY OF REDDING
dated this day of , 1995.
By:
Name Title
Attested By:
Name Title
. Form Approved By:
Name Title
For the ENGINEER, CH2M HILL, Inc.,
dated this 3�'��J day of 3�a�vct�y , 1995.
By: �vCL.�;cy �- ���`'ti1 Area Manag,er
Name Title
RDD IOOIS I FD.DOC I O
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Attachment A
Attachment A to the AGREEMENT between CH2M HILL, Inc., (the "ENGINEER"), and
the CITY OF REDDING, (the "OWNER"), for a PROJECT generally described as:
Clear Creek Lift Station Expansion
Article 1-Scope of Services
ENGINEER agrees to furnish OWNER the following engineering services:
Phase 2-Final Design Services
Task 2.1-Permitting Assistance
ENGINEER will identify and secure permits and approvals required for project implementa-
tion, maintain documentation and establish procedures to ensure compliance with permit
requirements. ENGINEER will represent OWNER in discussions with the necessary agen-
cies. OWNER will provide payment to agencies for permits and other direct expenses.
ENGINEER has assumed that permits and approvals as identified in the Clear Creek Lift
Station Expansion Preliminary Design Report can be obtained in a reasonable and routine
fashion. Extended negotiations, public hearings, and protracted time involvement in
connection with obtaining the identified and any unidentified permits and approvals are not
incIuded in the Scope of Services.
OWNER will assist in obtaining necessary permits from City of Redding.
Task 2.2-Lift Station and Junction Box Final Design
The ENGINEER will perform the following project management and administrative
activities:
• Meet with the OWNER to review project scope of work, project schedule and work prog-
ress for expansion of the Clear Creek Lift Station.
• Schedule regular project coordination and status meetings, prepare and distribute meeting
agendas in consultation with OWNER, prepare and distribute meeting notes, and arrange
appropriate participants to attend, including all those from the regulatory agencies
impacted by this project.
• Develop and submit to OWNER monthly progress reports and monitor and update project
schedule.
RDD I OO151 FE.DOC A-] _. .. .
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� Perform final design of the Clear Creek Lift Station Expansion as described in the Clear
Creek Lift Station Expansion Preliminary Design Report, dated December 1995,for the
recommended project(Alternative 4A).
Final design of the Clear Creek Lift Station will be provided for the following new facilities:
a new caisson-style lift station and valve vault, junction box, electrical building, standby
power generator, interconnecting sewer piping, force main piping, a 40-foot extension of the
new parallel Westside Interceptor, a valve modification to the Primary Effluent Distribution
Structure, and an odor control system.
Final design will include the following changes to existing facilities: relocation of a metal
building, and modifications to the existing lift station, which include (1) improved ventilation
and cooling, (2) replacement of the wet well trash plate, (3) repair of the inlet sluice gate, and
(4) replacement of a pipe coupling on the discharge piping.
Final design drawings will consist of general, civil, structural, mechanical, instrumentation
and control, electrical, demolition, and standard detail sheets.
The ENGINEER will:
1. Prepare Construction Contract Documents including proposal forms, notice to bidders,
general and special conditions, bond forms, technical specifications, and drawings as
' customarily made available for bidding and construction of this type of project.
2. Compile and submit six copies of design packages for OWNER's review at approxi-
mately the 50 and 95 percent stage of design completion. ENGINEER will incorporate
appropriate OWNER's review comments.
3. Submit six copies of pertinent engineering calculations (e.g., pump calculations and
system curve, structural calculations, etc.)
4. Prepare an opinion of construction cost on the basis of the 95 percent review submittal.
5. Deliver six sets of final contract documents and electronic files of 100 percent drawings
on 3-1/2-inch diskettes in AutoCAD, Release 12 format, and one set of 8-1/2- by 11-inch
reproducibles of 100 percent specifications.
ENGINEER will print and distribute up to 75 sets of contract documents. ENGINEER will
charge a fee for each set of documents to cover printing and distribution costs.
Phase 3-Bid Period Services
Task 3.1-Bid Assist
ENGINEER will:
1. Respond to questions during the advertisement period.
2. Attend one prebid conference with the OWNER and potential bidders.
RDDIOOISIFE.DOC A-2 - -
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3. Prepare and distribute all ENGINEER-generated addenda.
4. Evaluate bids and make a recommendation to the OWNER regarding award of the con-
struction contract. Evaluation shall consist of examining bids for irregulazities and rank-
ing the bidders according to price of bid.
5. Engineering services that may be required in event of a bid protest aze not included in this
Scope of Services.
RDD I OO I S I FE.DOC A-3
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Attachment B
This attachment is to the AGREEMENT between CH2M HILL, Inc., ("ENGINEER"), and
the CITY OF REDDING ("OWNER") for a PROJECT generally described as:
Clear Creek Lift Station Expansion
Article 1—Compensation
Compensation by OWNER to ENGINEER will be as follows:
A. Lump Sum
For services enumerated in Attachment A, Article 1, ENGINEER will be paid in
progress payments, a total lump sum of$271,000. Monthly progress payments will be
based on the estimated percentage of completion of the project at the end of each
calendar month. The determination of percentage of completion will be by mutual
agreement subject to final approval by OWNER.
If the scope of services is expanded by amendment causing an increase in the lump
sum contract amount, ENGINEER will be reimbursed for services completed prior to
amendment of the contract which are authorized by the amendment. Any work per-
formed by ENGINEER prior to the amendment of the contract will, however, be at
the sole risk and responsibility of the ENGINEER, and the OWNER will not be
obligated to pay for such extra work in the absence of a written contract amendment
as required by Article 7 of the contract.
Article 2—Schedule
A. Schedule
The OWNER and ENGINEER will complete the Attachment A, Article 1, Scope of
Work, according to the schedule shown on Figure l.
RDDIOOISIFF.DOC B-1
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