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Res 1077 - Amend CH2M-HILL Cnt COUNCIL BILL NO. 1334 RESOLUTION NO. 1077 A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN AMENDMENT TO A CONTRACT WITH CH2M HILL FOR PROFESSIONAL SERVICES. WHEREAS, the City of Woodburn has received a loan and grant to construct a force main and pump station that will be able to replace the Woodland Avenue pump station and accommodate some growth; and ~ WHEREAS, construction work needs to be started for timely completion of the pumping facility; and WHEREAS, CH2M Hill consultants are on contract for performing facilities planning work, have performed pump station design work, and are willing to perform this construction work using the same hourly rate; and WHEREAS, the pump station sizing, increased depth, and ground water analysis and solution has made the construction bids, along with design cost for CH2M Hill, much higher than anticipated; and WHEREAS, CH2M Hill is absorbing the added cost of design. However, a partial payment not to exceed $18,000 to cover a portion of loss is proper because the design has been done to the City's satisfaction and the contract was based on hourly rate with a "not to exceed" clause. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The City shall enter into the attached Amendment No. 1 to the Agreement For Professional Engineering Services to improve sewerage system, with CH2M Hill for the pump station and force main in the amount of $32,143.00. SECTION 2. Pursuant to this amendment, the City, at its discretion, shall pay to CH2M Hill one-half of the additional consultant design cost not to exceed $18,000 if the payment of this amount is within the budgeted resources. SECTION 3. The Mayor is hereby authorized to sign the amendment. Page 1 - COUNCIL Bill NO. 1334 RESOLUTION NO. 1077 _......_.~~._"__~_b..._"..____."'~.~..,._~,,>..__..._._'___"~-,._--_....._-_..u._~...--.~_....."_..~'-,._~-,.- --. Approved as to form: City Attorney Date APPROVED' ~uJ ~ . red W. Kyser, a Passed by the Council August 26, 1991 Submitted to the Mayor Auoust 27. 1991 > Approved by the Mayor August 27, 1991 Filed in the Office of the Recorder AlTEST: fl1~ -;;:,~ Mary Tehfiant. Deputy Recorder City of Woodburn, Oregon August 27, 1991 Page 2 - COUNCIL BILL NO. .1334 RESOLUTION NO. 1077 ..... _.~ 1"'-.'~>""~'.. AMENDMENT NO.1 to the AGREEMENT FOR PROFESSIONAL SERVICES SEWERAGE SYSTEM IMPROVEMENTS The CITY OF WOODBURN, OREGON, as OWNER, and CH2M HILL NORTHWEST, INC., as ENGINEER, have entered into an AGREEMENT for a PROJECT to provide preliminary and final design of the West Woodburn wastewater pump station and raw sewage force main. It has been decided that the PROJECT will be constructed and that the AGREEMENT will be amended to include modifications and additional scope items related to construction. This AMENDMENT specifies those modifications and additions. The following changes, additions, and/or deletions are hereby made a part of the original AGREEMENT as fully and completely as if the same were fully set forth therein: ARTICLE 1. SCOPE OF SERVICES Add the following: "c. Scope of Consultant Services During Construction The Scope of Services During Construction is set forth in Attachment D. D. Scope of Additional City Services The OWNER will perform day-to-day on site construction observation services and construction surveying." ARTICLE 2. COMPENSATION B. Budget Add the following: "The estimated budgetary cost for services described in Attachment D is $32,143. the ENGINEER will make reasonable efforts to complete the work within the budget or work effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the OWNER obligated to pay the ENGINEER beyond these limits. When any budget has-been increased, the ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase." OWNER at its sole discretion may pay to ENGINEER one-half of the added cost of design, not to exceed $18,000, in the event that the entire project cost is within the modified, budgeted resources. Page 3 - COUNCIL BILL NO. RESOLUTION NO. .~ ----1'--,--"----"'--' ARTICLE 5. OBLIGATIONS OF THE OWNER Add the following: "K On site Representative That, is the OWNER furnishes certain of the on site representative personnel, qualifications of such personnel will be subject to the review and approval of the ENGINEER. such personnel will also follow the established procedures of the ENGINEER for PROJECT observation as completely as they would if they were directly employed by the ENGINEER. L Resident Observation by Owner The OWNER understands that there may be misinterpretations of the ENGINEER's plans and specifications during construction which may lead to errors, unintended actions, and subsequent damage. If the OWNER proceeds with the work without the ENGINEER providing on site representation, the OWNER agrees to indemnify, hold harmless, and defend the ENGINEER against any and all claims which may arise out of the Contractor's performance of work or otherwise." IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be executed in quadruplicate by their respective authorized officers or representatives. ST, INC. ,- ~~~/ Da(e CITY troor~ By: /lOo ~ red Kyser Attest: 11'!~~~ . Mary Te ant, Deputy City Recorder ?1I~';9 / Dale I d(/~/f/ Dae ' Approved as to Form: City of Woodburn Legal counse~ By: ?l~ ~11 N. Robert Shields q 1/7 (1/ Date Page 4 - COUNCIL BILL NO. RESOLUTION NO. -_._.__.._..~.., c ....--r~.-.._.._- Attachment D SCOPE OF CONSULTANT SERVICES DURING CONSTRUCTION The following services will be provided to the OWNER for Services During Construction of the West Woodburn wastewater pump station and raw sewage force main. 1. Assemble the Contract for execution by the selected Contractor and the OWNER. 2. Assist the OWNER with a preconstruction conference. 3. Provide technical interpretation of the drawings, specifications, and contract documents, and evaluate requested deviations from the design. 4. Prepare monthly construction progress payment recommendations to the OWNER based on information submitted by the OWNER's on site construction observation personnel. 5. Review shop drawings submitted by the Contractor for general conformance with the design concept of the PROJECT and for general compliance with the information given in the contract documents. 6. Make site visits at intervals appropriate to the various stages of construction to observe the progress and quality of the work and to endeavor to determine, in general, if the work is proceeding in accordance with the intent of the contract documents. 7. Review Contractor proposals for change orders and assist the OWNER in negotiation of change orders. 8. Review operation and maintenance manuals submitted by the Contractor regarding compliance with the general intent of the contract documents. 9. With the OWNER, conduct a final inspection of the PROJECT. Submit a letter upon which final settlement and termination of the construction contract can be based. 10. Prepare record drawings using marked-up plans and details kept by the Contractor and the OWNER's on site construction observation personnel. CBl278A.CH2 Page 5 - COUNCIL BILL NO. RESOLUTION NO. .-- ....--,~_._--_..~._.,-"_._- ..._"-<._~---""~-,--