HomeMy WebLinkAboutRES2025-108 CRW Engineering - Disinfection EngineeringSponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2025-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE
PROPOSAL WITH CRW ENGINEERING GROUP TO ENGINEER AND
DESIGN INFRASTRUCTURE TO DISINFECT EFFLUENTS FROM THE
LOWELL POINT AND SPRING CREEK WASTEWATER TREATMENT
FACILITIES IN AN AMOUNT NOT TO EXCEED $665,600 AND
APPROPRIATING FUNDS
WHEREAS, on July 14, 2025, the City of Seward City Council approved resolution 2025-
064 to accept the Alaska DEC Clean Water Fund loan of $665,600 with loan forgiveness of
$665,600 for planning and design of disinfection equipment at Lowell Point and Spring Creek
wastewater treatment plants; and
WHEREAS, an RFP for engineering services was advertised and completed, resulting in
one bid submission from a qualified firm, CRW Engineering Group Inc; and
WHEREAS, the proposal was evaluated based on the criteria established in the RFP
documents; and
WHEREAS, CRW Engineering Group provided engineering and construction
management services in past projects, which included bidding services, "engineering, on -site
inspections, record drawings, construction close-out forms, and the Operations & Maintenance
(O&M) Manual to satisfy ADEC requirements; and
WHEREAS, the selection committee has reviewed the recommendation and found that
the proposal from CRW Engineering Group Inc best meets the needs and technical requirements
of the project for a fair and reasonable price.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to accept the proposal with CRW
Engineering Group for engineering and bid support services for the planning and design of the
Lowell Point and Spring Creek Wastewater Lagoons effluent disinfection infrastructure.
Section 2. Funding in the amount of $665,600 is hereby appropriated from the Lowell
Point and Spring Creek Wastewater account 18325-0000-7010.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 17th
day of November 2025.
CITY OF SEWARD, ALASKA
RESOLUTION 2025-108
Page 2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
Barnwell, Crites, Osenga, Calhoon, Draper, McClure
None
Warner
None
Kris Peck
City Clerk
(City Seal)
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City Council Agenda Statement
Meeting Date: November 17, 2025
To: City Council
Through: Kat Sorensen, City Manager
From: Doug Schoessler, Public Works Director
Subject: Resolution 2025-108: Authorizing the City Manager to Accept the Proposal
with CRW Engineering Group to Engineer and Design Infrastructure to
Disinfect Effluents from the Lowell Point and Spring Creek Wastewater
Treatment Facilities in an Amount Not to Exceed $665,600 and
Appropriating Funds
Background and justification:
On July 14, 2025, the City of Seward City Council approved Resolution 2025-064 accepting the
Alaska DEC Clean Water Fund loan of $665,600 with loan forgiveness of $665,600 for planning
and design to disinfect effluents from the Lowell Point and Spring Creek treatment plants.
On September 19, 2025, the Public Works Department issued a Request for Proposals for
professional engineering services for the project, in accordance with all applicable procurement
procedures.
CRW Engineering Group submitted a proposal for the Planning and Design to Disinfect Effluent
from the Lowell Point and Spring Creek Wastewater Facilities Project in the amount of $642,890
as quantified in scope of work. The whole loan amount is being appropriated to cover potential
contingencies that could increase cost.
CRW Engineering's experience with the City and understanding of the wastewater facilities
brings further value to the project. They can begin the design work immediately.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 13.2 Wastewater
Strategic Plan:
Other:
AK -DEC Wastewater Facility Permits
Total amount of funds listed in this legislation: $ 665,600
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in the amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Affected Fund (✓):
General
Boat Harbor
Motor Pool
Available Fund Balance
SMIC
Parking
Other
Yes
Electric
Water
Attorney Signature:
Not applicable Comments:
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Attorney Review
Administration Recommendation
Adopt Resolution
Other:
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING DESIGN OF FACILITIES TO DISINFECT EFFLUENTS FROM THE
LOWELL POINT AND SPRING CREEK WASTEWATER LAGOONS
This Agreement, between the City of Seward, an Alaska home rule municipal
corporation ("City"), and CRW Engineering Group, INC, a corporation ("Engineer"), is
effective November 4, 2025 for the provision of professional engineering services.
Notice shall be given to the Designated Representative of the contracting parties
as follows:
Kat Sorensen, City Manager
City of Seward, Alaska
P. O. Box 167
Seward, Alaska 99664
Pete Bellezza, P.E.
Principal/Civil Engineer
CRW Engineering Group, INC
3940 Arctic Blvd, Ste 300
Anchorage, Alaska 99503
1. SCOPE OF WORK
1.1 PURPOSE OF AGREEMENT. The City seeks to retain engineering
services related to the following project:
Engineering Design of Facilities to Disinfect Effluents from the Lowell
Point and Spring Creek Wastewater Lagoons
The services provided by the Engineer will consist of planning, providing specifications,
permitting, and preparing contract documents to bid the construction for the facilities to
disinfect effluents from the Lowell Point and Spring Creek wastewater lagoons, and
project management support.
GENERAL PROVISIONS
1.2 DEFINITIONS. The following terms shall have the meanings as defined
below.
1.2.1 "Agreement" means this Agreement, including all amendments,
modifications, and supplements hereto and any appendices, exhibits, or schedules to
same, and refers to this Agreement as it may be in effect at the time such reference
becomes operative. Together the documents form an agreement which represents the
PROFESSIONAL SERVICES AGREEMENT
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entire and integrated agreement between the parties hereto, and supersedes prior
negotiations or agreements, either written or oral. This Agreement is entered into solely
for the purpose of the Project.
1.2.2 "Contract Documents" means and consists of (i) this Agreement
signed by City and Engineer; (ii) all exhibits and schedules to this Agreement; and (iii) all
change orders for changes in the Work issued after the execution of this Agreement.
1.2.3 "City's Representative" means Mr. Doug Schoessler, Public Works
Director; or the City Manager; or the City Manager's designee.
1.2.4 "Project" shall mean design, developing bid documents, bid support
services, and construction management services for construction of the facilities to
disinfect effluents from the Lowell Point and Spring Creek wastewater lagoons, as further
described in Exhibit A.
2. ENGINEER'S RESPONSIBILTIES
2.1 ENGINEERING SERVICES. Engineer shall be responsible for procuring
engineering, planning, consulting, and design (collectively "Engineering") of the Work
described in the Task Orders and Contract Documents. Engineer shall exercise
reasonable skill and judgment in the performance of the Work.
2.1.1 Engineer shall be responsible for taking and verifying field
dimensions, providing tests, ordering materials, and all other actions as required to
perform this Agreement.
2.1.2 Engineer shall submit for City's written approval Drawings and
Specifications based on the Contract Documents. Drawings and Specifications shall set
forth in detail the requirements for construction of the Work, and shall be based upon
codes, laws or regulations enacted at the time of their preparation.
2.2 SAFETY, LEGAL COMPLIANCE, AND RECORDKEEPING. Engineer shall
take necessary precautions for the safety of its employees on the Project. Engineer shall
not, however, be responsible for the elimination or abatement of safety hazards created
or otherwise resulting from the work of City or its agents.
2.2.1 Engineer shall give adequate notices to authorities pertaining to its
Work, and shall secure and pay for all permits, fees, assessments, inspections, and taxes
necessary to complete the Work. Engineer shall comply with all laws and ordinances
legally enacted at the date of execution of the Agreement which govern proper
performance of the Work.
2.2.2 Engineer shall maintain insurance policies as described in Article 7.
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2.2.3 Engineer shall keep such full and detailed accounts as may be
necessary for proper financial management under this Agreement. City shall be afforded
access to all Engineer's records, books, correspondence, instructions, drawings,
schedules, receipts, vouchers, memoranda, and similar data relating to Change Order
work performed on the basis of actual cost. Engineer shall preserve all such records for
a period of three years following final payment.
3. CITY'S RESPONSIBILITIES
3.1 INFORMATION. City shall provide information in a timely manner regarding
requirements for the Project. Engineer shall be entitled to rely on the completeness and
accuracy of information provided by City. City shall provide all necessary information
describing the physical characteristics of the site, including surveys, site evaluations, legal
descriptions, existing conditions, subsurface and environmental studies, reports, and
investigations.
3.2 RESPONSIBILITIES DURING THE WORK
3.2.1 City shall review and approve further development of the drawings
and specifications as set forth in Article 1.
3.2.2 City shall review the Schedule of Work and timely respond to City's
obligations.
3.2.3 If City becomes aware of any error, omission, or failure to meet the
requirements of the Contract Documents, or any fault or defect in the
Work, City shall give prompt notice to Engineer.
3.2.4 City shall have no contractual obligations to any Subcontractors or
suppliers.
3.2.5 Where the Engineer's work involves a project for construction, City
shall provide insurance for the project as provided in Article 7.
3.3 CITY'S DESIGNATED REPRESENTATIVE.
City's Designated Representative shall be fully acquainted with the Project,
shall furnish information and services required of City pursuant to Paragraph 3.1
so as not to delay Engineer's Work, and shall have authority to bind City in all
matters requiring City's approval, authorization, or written notice.
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4. CONTRACT TIME
4.1 COMMENCEMENT. The Work shall commence upon the date of receipt of
a written Notice to Proceed by the City.
4.2 CONTRACT TERM. The term of this Agreement shall be until completed or
otherwise legally terminated.
4.3 Time is of the essence in this agreement.
4.3.1 If Engineer is delayed at any time in the progress of the Work by
changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond Engineer's control, the Contract Time will
be extended by Change Order to the extent that: (1) the delay will prevent Engineer from
achieving Substantial Completion within the Contract Time, and (2) the performance of
the Work is not delayed by any other cause for which Engineer is not entitled to an
extension in the Contract Time under the Contract Documents. Adjustments to the
Contract Time will be permitted for a delay only to the extent such delay (1) is not caused,
or could not have been anticipated, by Engineer, (2) could not be limited or avoided by
Engineer's timely notice to City of the delay, and (3) is of a duration not less than one day.
4.3.2 Final inspection and acceptance by City's Representative will not be
made until all Work under this Agreement is completed. If unforeseeable causes beyond
Engineer's control, and without Engineer's fault or negligence, delay progress of the
Work, then Task Order Price and/or date of Task Order Completion shall be modified by
Change Order as appropriate in accordance with the provisions of Article 6.
5. COMPENSATION OF ENGINEER
5.1 CONTRACT SUM; PAYMENT. The total fees shall not exceed $642,890 on
a time and expenses basis. Engineer shall submit monthly invoices for work performed
to the City's satisfaction City's payment obligation will be subject to:
5.1.1 A reduction by any amount owed by Engineer to City at the time
payment of the Contract Sum is due; or
5.1.2 Additions and/or deletions by Change Order.
5.2 ENGINEER'S INVOICES. Engineer will submit a single final invoice within
thirty (30) days of the completion of Work.
5.3 REVIEW OF ENGINEER'S INVOICES. City's Representative will, within
thirty (30) days after receipt of any Engineer's invoice, approve payment for such amount
as City's Representative determines is properly due, and notify Engineer in writing of the
reasons for any withholding of payment in whole or in part.
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5.4 FINAL COMPLETION AND FINAL PAYMENT. Upon receipt of a final
Application for Payment, City's Representative will determine whether the final work is
acceptable to City. City may withhold from the final payment to Engineer any amount that
City determines is necessary to render the Work acceptable to City under the Contract
Documents.
6. CHANGES IN THE WORK
6.1 CHANGE ORDERS. Changes in the Work which are within the general
scope of this Agreement will be accomplished by Change Order, signed by both City and
Engineer and stating the change and any adjustment in Project Price, Project Completion
Date, and/or date of Substantial Completion.
6.2 UNILATERAL CHANGE ORDER. In the event City and Engineer cannot
agree as to the amount of adjustment in Project Price, City shall issue a written order
adjusting the Project Price determined by the reasonable expense and/or savings in the
performance of the Work resulting from the Change. If such a change results in a net
increase in Project Price, City shall make a reasonable adjustment in Engineer's
overhead and profit. In the case of a net decrease in Project Price, City shall not make a
reduction in overhead and profit. In the event of a disagreement between City and
Engineer as to the amount of adjustment in Project Price, Engineer shall nonetheless
continue to prosecute the Work.
6.3 CHANGED CONDITIONS. If in the performance of the Work Engineer finds
latent, concealed, or subsurface physical conditions which differ from the conditions
Engineer reasonably anticipated, or if physical conditions are materially different from
those normally encountered and generally recognized as inherent in the kind of work
provided for in this Agreement, Engineer shall immediately notify City in writing of such
changed condition.
6.3.1 No adjustment in Project Price and/or Project Completion Date shall
be claimed by Engineer due to changed conditions unless Engineer shall have timely
notified City of the condition and made written request for such adjustment within three
(3) days after such condition was encountered.
6.3.2 Adjustments to the Project Price and/or Project Completion Date, if
any, resulting from changed conditions shall be set forth in a Change Order pursuant to
this Article. No such adjustments shall be made for any changes performed by Engineer
that have not been ordered by City in writing. Engineer expressly agrees that this
requirement cannot be waived.
6.4 NOTICE REQUIREMENT. For any request for an adjustment of Project
Price, Project Completion Date, and/or date of Substantial Completion, Engineer shall
give City written notice of the request within twenty-one (21) days after the occurrence
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giving rise to the request or twenty-one (21) days after Engineer first recognized the
condition giving rise to the claim, whichever is later.
6.5 EMERGENCIES. In any emergency affecting the safety of persons and/or
property, Engineer shall act, at its discretion, to prevent threatened damage, injury, or
loss. If such an emergency is anticipated to result in a request for an increase in Project
Price, Project Completion Date, and/or date of Substantial Completion, notice shall be
given to City before proceeding with the Work.
7. INDEMNITY, INSURANCE, AND WAIVER OF SUBROGATION
The Engineer understands that no City insurance coverage, including Workers'
Compensation, is extended to the Engineer while completing the terms of this Agreement.
The Engineer shall carry adequate insurance covering Workers' Compensation, general
public liability, automobile, professional liability including errors and omissions, and
property damage including a contractual liability endorsement covering the liability
created or assumed under this Agreement. The Engineer shall not commence work under
this Agreement or any work on any phase of the Project until the Engineer provides the
City with certificates of insurance evidencing that all required insurance has been
obtained. These insurance policies and any extension or renewals thereof must contain
the following provisions or endorsements:
a. City is an additional insured thereunder as respects to liability arising out of
or from the work performed by Engineer of City of Seward.
b. City will be given notice of cancellation or material alteration of any of the
insurance policies specified in the certificate.
c. Insurer waives all rights of subrogation against City of Seward and its
employees or elected officials.
d. The Engineer shall provide commercially reasonable coverage levels,
which must meet or exceed the minimums, as listed below:
7.1 Commercial General Liability Insurance: The Engineer must maintain
Commercial General Liability Insurance in an amount sufficient to cover any suit that may
be brought against the Engineer. This amount must be at least two million dollars
($2,000,000) per occurrence, and two million dollars ($2,000,000) general aggregate and
Products -Complete Operations aggregate. The Engineer must assume all insurable risks
and bear any loss or injury to property or persons occasioned by neglect or accident
during the term of the contract, except for negligence entirely attributable the City.
7.2 Professional Liability Insurance: The Engineer must maintain Professional
Liability Insurance in an amount not less than two million dollars ($2,000,000) aggregate
to protect the Engineer from any claims or damages for any error, omission, or negligent
act of the Engineer, the Engineer's Firm, employees or subcontractors which results in a
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financial loss to the City. The Engineer must provide proof of professional liability
coverage to include errors and omissions.
7.3 Workers' Compensation Insurance: The Engineer must maintain Workers'
Compensation Insurance to protect the Engineer from any claims or damages for any
personal injury or death which may arise from services performed under this contract.
Statutory limits apply to Workers' Compensation Insurance. This requirement applies to
the Engineer's Firm, subcontractors and assignees, and anyone directly or indirectly
employed to perform work under this contract. The Engineer must notify the City as well
as the State Division of Workers' Compensation immediately when changes in the
Engineer's business operation affect the Engineer's insurance status. The policy must
include employer's liability coverage of one hundred thousand dollars ($100,000) per
personnel, and one million dollars ($1,000,000) per occurrence.
7.4 Vehicle and Equipment Insurance: The coverage shall include all owned,
hired, and non -owned vehicles to a one million dollar ($1,000,000) each occurrence
combined single limit for bodily injury and property damage.
8.0 GOVERNING LAW.
The laws of Alaska will determine the interpretation, performance and enforcement of
this Agreement.
9.0 OWNERSHIP OF WORK PRODUCTS.
Payment to the Engineer for services hereunder include full compensation for all work
products and other materials produced by the Engineer and its subcontractors pertaining
to this Agreement. The originals of all material prepared or developed by the Engineer or
its employees, agents, or representatives hereunder, including documents, drawings,
designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and
samples shall become the property of the City when prepared, whether delivered or not,
and shall, together with any materials furnished the Engineer and its employees, agents,
or representatives by the City hereunder, be delivered to the City upon request and, upon
termination or completion of this Agreement. Materials previously created and
copyrighted by the Engineer included in this project will remain property of the Engineer.
Copies will be made available to the City upon request. Materials purchased from and
copyrighted by third parties are not included in this provision.
10.0 PATENTS, TRADEMARKS, AND COPYRIGHTS.
The Engineer agrees to defend, indemnify, and save the City harmless from and against
any and all claims, costs, royalties, damages and expenses of any kind of nature
whatsoever (including attorneys' fees) which may arise out of or result from or be
reasonably incurred in contesting any claim that the methods, processes, or acts
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employed by the Engineer or its employees in connection with the performance of
services hereunder infringes or contributes to the infringement of any letter patent,
trademark, or copyright. In case such methods, processes, or acts are in suit held to
constitute infringement and use is enjoined, the Engineer, within reasonable time and at
its own expense, will either secure a suspension of the injunction by procuring for the City
a license or otherwise, or replace such method, process, etc., with one of equal efficiency.
11.0 NONWAIVER.
No failure of the City or Engineer to insist upon the strict performance by the other of any
of the terms of this Agreement or to exercise any right or remedy herein conferred shall
constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or
rights on any future occasion. Each and every term, right, or remedy of this Agreement
shall continue in full force and effect.
12.0 SAFETY/PERFORMANCE.
The Engineer shall perform the work in a safe and workmanlike manner. The Engineer
shall comply with all federal and state statues, ordinances, orders, rules, and regulations
pertaining to the protection of workers and the public from injury or damage, and shall
take all other reasonable precautions to protect workers and the public from injury or
damage.
13.0 SUSPENSION OR TERMINATION.
13.1 Fault Termination or Suspension. This Agreement may be terminated by
either party upon ten (10) days written notice if the other party fails substantially to perform
in accordance with its terms. If the City terminates this Agreement, it will pay the Engineer
a sum equal to the percentage of work completed and accepted by the City that can be
substantiated by the Engineer and the City, offset by any amounts owed to the City.
However, within the ten (10) day Notice of Intent to terminate, the party in default shall be
given an opportunity to present a plan to correct its failure.
13.2 Convenience Suspension or Termination. The City may at any time
terminate or suspend this Agreement for any reason including its own needs or
convenience. In the event of a convenience termination or suspension for more than six
(6) months, the Engineer will be compensated for authorized services and authorized
expenditures performed to the date of receipt of written notice of termination or
suspension. No fee or other compensation for the uncompleted portion of the services
will be paid, except for already incurred indirect costs which the Engineer can establish
and which would have been compensated but because of the termination or suspension
would have to be absorbed by the Engineer without further compensation.
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13.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt of a Notice of Termination or suspension and except as
otherwise directed by the City, the Engineer shall:
a. stop work performed under this Agreement on the date and to the extent
specified in the Notice; and
b. transfer title to the City (to the extent that title has not already been
transferred) and deliver in the manner, at the times, and to the extent
directed by the City's representative, work in progress, completed work,
supplies, and other material produced as a part of, or acquired in respect of
the performance of the work terminated or suspended by the Notice.
14.0 EQUAL EMPLOYMENT OPPORTUNITY.
The Engineer shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, age, physical handicap, sex, marital
status, change in marital status, pregnancy, or parenthood; provided, when the
reasonable demands of the position do not require distinction on the basis of age, physical
handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The
Engineer shall take affirmative action required by law to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color, religion, national origin, ancestry, age, or marital status.
15.0 NO ASSIGNMENT OR DELEGATION.
The Engineer may not assign, subcontract, or delegate this Agreement, or any part of it,
or any right to any of the money to be paid under it without written consent of the City.
16.0 INDEPENDENT CONTRACTOR.
The Engineer shall be an independent contractor in the performance of the work under
this Agreement and shall not be an employee or agent of the City.
17.0 PAYMENT OF TAXES.
As a condition of performance of this Agreement, the Engineer shall pay all federal, state
and local taxes incurred by the Engineer and shall require their payment by any other
persons in the performance of this Agreement.
18.0 PRECEDENCE AND DIVISIBILITY.
The provisions of this Agreement shall fully govern the services performed by the
Engineer. If any term, condition, or provision of this Agreement is declared void or
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unenforceable, or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable.
19.0 ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties as to the services to
be rendered by the Engineer. All previous or concurrent agreements, representations,
warranties, promises, and conditions relating to the subject matter of this Agreement are
superseded by this Agreement.
20.0 COMPLETION OF WORK, TERM OF AGREEMENT.
The Engineer shall perform all work in a timely fashion, and in accordance with the
schedules included in this Agreement and Exhibit A.
21.0 CLAIMS AND DISPUTES.
Venue for all claims and disputes under this Agreement, if not otherwise resolved by the
parties, shall be filed and resolved in the appropriate Alaska State court in Anchorage,
Alaska.
22.0 CHANGES IN SCOPE OF WORK.
22.1 General. No claim for additional services not specifically provided in this
Agreement will be allowed, nor may the Engineer do any work or furnish any materials
not covered by the Agreement unless the work or material is ordered in writing by the
Contracting Officer. Preparation of Change Orders and design changes, due to errors
and/or omissions by the Engineer, will be done at the sole expense of the Engineer.
22.2 Changes in Scope of Work. The City may, at any time, by a written Change
Order delivered to the Engineer, make changes to the scope of work or authorize
additional work outside the scope of work.
22.3 Compensation to the Engineer. If any Change Order for which
compensation is allowed under this Article causes an increase or decrease in the
estimated cost of, or time required for, the performance of any part of the work under this
Agreement, or if such change otherwise affects other provisions of this Agreement, an
equitable adjustment will be negotiated.
Such an adjustment may be:
a. in the estimated cost or completion schedule, or both; and
b. in the amount of fee to be paid; and
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c. in such other provisions of the Agreement as may be affected, and the
Agreement shall be modified in writing accordingly.
22.4 Any claim by the Engineer for adjustment under this section must be
asserted within fifteen (15) days from the day of receipt by the Engineer of the notification
of change; provided, however, that the City or its representative, deciding that the facts
justify such action, may receive and act upon any such claim asserted at any time prior
to final payment under this Agreement. Failure to agree to any adjustment shall be a
dispute within the meaning of Section 21.0 of this Agreement.
23.0 LIMITATION OF FUNDS.
23.1 At no time will any provision of this Agreement make the City or its
representative liable for payment for performance of work under this Agreement in excess
of the amount that has been appropriated by the City Council and obligated for
expenditure for purposes of this Agreement.
23.2 Change orders issued pursuant to Section 22 of this Agreement shall not
be considered an authorization to the Engineer to exceed the amount allotted in the
absence of a statement in the change order, or other modification increasing the amount
allotted.
23.3 Nothing in this Section shall affect the right of the City under Section 13 to
terminate this Agreement.
24.0 PRIOR WORK.
For the purposes of this Agreement, work done at the request of the City or its
representative before execution of this Agreement shall be deemed to be work done after
its execution and shall be subject to all the conditions contained herein.
25.0 NOTICES.
Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
City of Seward
Attn: City Manager
PO Box 167
Seward, Alaska 99664-0167
Pete Bellezza, PE
CRW Engineering Group, Inc.
3940 Arctic Blvd., Suite 300
Anchorage, AK 99503
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IN WITNESS WHEREOF, this Agreement has been duly executed as of the date
first written above.
CITY OF SEWARD CRW Engineering Group, INC
By: By:
Kat Sorensen, City Manager
Date:
Attest:
Kris Peck, MMC, City Clerk
Pete Bellezza, PE
Date:
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING DESIGN OF FACILITIES TO DISINFECT EFFLUENTS FROM THE LOWELL POINT
AND SPRING CREEK WASTEWATER LAGOONS Page 12 of 12
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