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Home My WebLink About82-11 - approving amendment 2 to Kennedy-Jenks AgreementRESOLUTION NO. 82-11 RESOLUTION APPROVING AMENDMENT #2 ENGINEERING SERVICES AGREEMENT KENNEDY/JENKS ENGINEERS 3 ~ WHEREAS City and Kennedy/Jenks Engineers, Inc. entered into agreement dated 18 July 1979 and subsequent first amendment dated ll September 1980 for Step II Engineering Design services for Wastewater Treatment Plant Improve- 7 ments, and WHEREAS City has now awarded a construction contract for treatment plant improvements in accordance with the designs and specifications prepared ~0 by Kennedy/Jenks, and 11 WHEREAS the City desires Kennedy/Jenks to perform Step 3 Engineering 12 13 14 Services during construction of said Wastewater Treatment Plant Improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council does approve the continued engagement of Kennedy/Jenks Engineers for Step 3 Engineering 15 16 Services and authorizes its Mayor and Clerk to execute Amendment #2 upon the receipt of concurrence and approval from the California Water Resources 17 Agency. Upon approval, said Amendment #2 shall become part of and be supplemental to said agreement as previously amended. 19 PASSED AND ADOPTED this 2nd day of September , 1981 by the following 20 roll call vote. 21 AYES: Councilmembers Hickey, Snyder, ~yers 22 NOES: Councilmembers Feibusch, Riley 23 ABSENT: None 24 26 ~ ATTEST: "CITY CLERK MAyoR SECOND AMENDMENT TO AGREEblENT This amendment made and entered into this ,~~ day of ~~. 1981, by and between the CITY OF UKIAH, MENDOCINO COUNTY, California, hereinafter referred to as the "CITY" and KENNEDY/JENKS ENGINEERS, INC., formerly KENNEDY ENGINEERS, INC., a California Corporation, hereinafter referred to as "ENGINEER." WITNESSETH WHEREAS, CITY and ENGINEER entered into an Agreement dated 18 July 1979, and First Amendment dated 11 September 1980, for Step 2 engineering design services for wastewater treatment improvements fOr the City of Ukiah; WHEREAS, the City of Ukiah desires KENNEDY/JENKS ENGINEERS to perform Step 3 engineering services during the construction of said Wastewater Treatment Improvements for the CITY OF UKIAH; THEREFORE, in order for the ENGINEER to perform said Step 3 services, said scope of work and budget is modified as set forth hereinafter: ARTICLE V At the end of Article V, add the following: "ENGINEER will perform Step 3 services during construction of the CITY OF UKIAH Wastewater Treatment Improvement Project C-06-1284, including the following: 1. Provide full-time inspection of construction, including. site inspection ~nd inspection of offsite materials and equipment as required by the plans and specifications. 2. Be responsible for continuous review of the project status. -1- 3. Coordinate administration of the contract; assist the CITY in the preparation of documents for submission to grant and review agencies as requested by the Director of Public Works. 4. Review the Contractor's construction progress. 5. Certify monthly pay estimates. 6. Prepare progress pay estimates. 7. Prepare record drawings to show new work installed. 8. Review shop drawings and submittals. 9. Arrange for laboratory testing of construction pro- cedures and materials incorporated in the facilities, including on-site soils testing and concrete testing. 10. Prepare Change Orders for changes in work approved by CITY. 11. Issue deficiency list(s) if required. 12. Provide appropriate acceptance testing of installed equipment. 13. Complete the Operations Manual incorporating data on the facilities as constructed. 14. Recommend final acceptance of construction as appropriate. 15. Aid in training CITY personnel assigned to operation of facilities. 16. Provide start-up assistance to CITY's operating staff. ENGINEER shall provide a full-time Resident Engineer, who shall be a registered professional engineer with the State of California, and such supporting staff as required. -2- ENGINEER will furnish a Resident Engineer for approximately 14 months, an Assistant Engineer for approximately 6 months and combined use of office personnel for approximately 10 months, as well as a qualified soils laboratory and concrete testing laboratory." The work effort, the classifi- cation of personnel to be used in the work, and the subcontract assignments have been estimated for budget purposes as shown on the attached EPA Form 5700-41 dated 2 March 1981. ARTICLE VI - PAYMENT At the end of Article VI, add the fOllowing: "(7) For Step 3 Services, the above paragraphs (1) through (6) shall apply, except that: (a) The 1981 provisional overhead rate for Step 3 services is 1.477. (b) The fixed dollar incremental fee for Step 3 services is $55,631. (c) The budget, including the above fixed fee for Step 3 services, is $427,036, which covers the allocation of designated personnel for periods of work effort set forth hereinbefore in Article V. Kennedy/Jenks agrees to see the project through to completion; not to exceed $427,036. (d) Direct expenses for Step 3 services shall include but not be limited to: (1) Rental of equipment needed for inspection services. '--3-- (2) Travel by owned automobiles will be reim- bursed at 25 cents per mile, for office staff when traveling on project work. Leased automobile use will be at $400 per month per car, including operating expenses. Leased automobiles will be used by Resident Engineer and his part-time assistant. (3) Same as (d) (e) (f) and (g) in paragraph (4) in Article VI Payment. (e) The parties recognize that the labor costs and expenses used in the budget have been escalated to reflect the approximate 15 month time frame for completing the work. ' (f) Payment for the amount due under the fixed fee for Step 3 services shall be in 15 equal monthly installments beginning the first month after authorization to proceed with the work." - ARTICLE VII - SCHEDULE At the end of Article VII, add the following: "D. The period~of construction of this project is estimated to take 15 months. Thus, the Resident Engineer and other personnel required by this contract will be on the job site for as long as the work to be performed hereunder requires - estimated to be approximately 14 of the 15 months allowed for construction. The Final Operation Manual will be prepared during the construction period. Start-up and operator training assistance will be provided upon completion of construction of the facility." --4-- ARTICLE VIII - ASSIGNbIENT OF CONTRACT At the end of Article VIII, add the following: "(2) The ENGINEER proposes the following subcontractors for Step 3 services: Soils Testing - Harding-Lawson Associates Concrete Testing - Testing Engineers, Incorporated The CITY hereby approves the use of the above named subcontractors." The parties hereto affix their signatures to this Agreement as of the date and year first written above. CITY OF UKIAH By '~' '~' Mayor, .City of Ukiah ATTEST: City Clerk, City of Ukiah KENNEDY/JENKS ENGINEERS, INC. By David D. Kennedy -5- COST OR PRICE SUMU, AR ORMAT FOR SUBAGREEMENTS UNDE J.S. EPA GRANTS (S('e ,'~ccu:r.p,'~ny;,n~ in.~Iruc~ic, n.~ bt'fore cnr:'pletin~ th/s form) Form A t,prm.c.d OMB A'o. 15,.?- R('144 PART I-GENERAL I. GRANTEE CITY OF UKIAH :. GRANT HUMBER C-06-1284 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL KENNEDY/JENKS ENGINEERS, INC. 2 ~[ARCH 1981 $. ADDRESS OF' CONTRACTOR OR SUBCONTRACTOR (Inch]de ZiP code) 6. TYPE OF .~ERVICE T O BE FURNISHED 657 Howard Street San Francisco CA 94105 Step 3 Services Construction of Wastewater Treatment Plant Improvements 7. DIRECT LABOR (Specify labor categories) See Attach~n__ent "A" General - Step 3 Service S t a r t-up_S e r v i_.~c_e_s_ O&M Manual Update DIRECT LABOR TOTAL: INDIRECT COSTS (Specify indirect cost poole) INDIRECT COST5 TOTAL: OTHER DIRECT COSTS PART II-COST SUMMARY ESTI- MATED HOURS RATE HOURLY RATE ESTIMATED COST 125,613 x BASE : 8,101 2,303 ESTIMATED COST _ $ 200_~_897 s._l_ 3_6._&_17 a. TRAVEL (])TRANSPORTATION ) See Attachment "A" - Step 3 Startup ) TRAVEL SUBTOTAL: J: ' 1 ESTIMATED COST b. EQUIPMENT, MATERIALS, SUPPL lES (Specify cnt~£ories) Equipment Rental, Mailing Costs Printing .ng EQUIPMENT SUBTOTAL: C. SUBCONTRACTS · . S o i 1 s E-Jg'i'n-~-r'--H-A rd i n ~cL~Q-~-6 h-- 7~S-S-~. Santa Rosa Concrete Testing - Testing Engineers, Inc.-Geysers SUBCONTRACTS SUBTOTAL: J q d. OTHER (Specify cateBories) OTHER SUBTOTAL: e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 1 !. PROFIT 22,550 55O 23,100 ESTIMATED COST 4,250~ ESTIMATED COST s '----2 ,-q.~ z - 5,000 -- S 7,141 ESTIMATED COST $ 12. TOTAL PRICE E PA Fo,m .5700-41 (2-76) TOTALS · , · . .. . s__136, O17 s 200,~397 o, S ..... 34,491 s 55.631 427,036 PAGE I OF' ! PART III -PRICE SUMMARY 13. COMPETITOP'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES (Indicate bast~ lot price MARKET PRICEIS) PART IV-CERTIFICATIONS 14. CONTRACTOR r'~OPOSE D PRICE 14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW Or: YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWF'LVE MONTH{` {~ YES E~ NO (It "]'es" ~ive n~me address and telephone rtum[)er o[ revie~v/n~ olfice) Office of Audit, Western Audit Division Environmental Protection Agency 215 Fremont Street San Francisco, CA 94105 415-556-1954 14b ,THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15.2 and 1-15.4 14C. (3) This proposal is subm;.tted for u.~e in connection with and in response to (1) IP..~,Db~r~T' ~z::vt2_ IO,g-o/Pt::r--¢/xa-L- This is to certify to the best of my knowledge and belief that the cost and pricing data summarized hereir~ are complete, current, and accurate as of (2). and that a financial managemt, nt capability exisls to fully and accu- rately account forthe financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where lhe above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. DATE OF EXECUTION SIGNATURE OF PROPOSER TITLE OF PROPOSER 15. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth...2u::r~ein and the proposed costs/p'~'ice appear ~/~ ~; 'q'~'~7'~acceptable for s,,bngreement//~/~'~/~award' ~ ~~.~/~~~ ~~ ~) / ' ' ~ TiLer REVIEWER 16. EPA REVIEWER (II applicable) DATE OF EXECUIlON SIGNATURE OF REVIEWER 31TLE OF Rr~VILW[R EPA Form 5700-41 (2-76) PAGE 2. C