FY2022-28 KFRC Ozonator Project 22000Contract No. FY2022-28
Professional Services Agreement with
CRW Engineering Group, LLC
for Engineering and Design Services
This AGREEMENT, made and entered into this 12th day of January, 2022 by and between the
KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to
as the 'Borough" and CRW Engineering Group, LLC a corporation authorized to do business in
Alaska, with offices located at 3940 Arctic Blvd. Suite 300, Anchorage, AK 99503, hereinafter referred
to as the "Contractor."
WITNESSETH
WHEREAS, the Borough wishes to enter into a contract with an independent contractor to
provide an analysis of the options for treatment of seawater discharge at the Kodiak Fisheries Research
Center in Kodiak, Alaska, a design for the agreed upon treatment system for bidding purposes,
construction administration services for the installation of a new treatment system, and assistance with the
Alaska Department of Environmental Conservation permitting process for a discharge permit.
WHEREAS, CRW Engineering Group, LLC submitted a proposal asserting it is qualified to
perform these services and able to do so in a timely manner.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement" shall mean this Professional Services Agreement, including:
Exhibit A — CRW Engineering Group, LLC proposal dated December 3, 2021.
1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the
Borough in the scope, complexity, character, or duration of the services or other
provisions of this Agreement.
1.3 'Borough" shall all mean the Kodiak Island Borough, Alaska.
1.4 "Contracting Officer" shall mean Borough Manager, and include any successor or
authorized representative.
1.5 'Project" shall mean the research and recommendations for seawater discharge permitting
at the Kodiak Fisheries Research Center in Kodiak, Alaska and an assessment of the
existing ozone system equipment for possible replacement.
2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution by both Borough
and Contractor. This Agreement shall remain in full force and effect until the Project has been
completed and further, until all claims and disputes have been concluded. The work is considered
complete when the Borough has received and found acceptable the finished product of all work
described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion
Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and
upon compliance with all applicable statutes, ordinances, and regulations.
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Contract No. FY2022-28
3.0 FEES. For engineering and design service described in 4.0 Scope of Service, the Borough will
compensate the Contractor an amount not to exceed One Hundred Twenty -Four Thousand
Five Hundred Dollars and Zero Cents ($124,500.00). Fees will be billed on a time and
materials basis.
4.0 SCOPE OF SERVICES. The Borough and Contractor have agreed upon a scope of work
described in the Contractor's proposal, Exhibit A, to provide professional services based on
approved standards and instructions.
This Scope of Services can only be changed in writing pursuant to Section 26.0 of this
Agreement.
5.0 SCHEDULE FOR COMPLETION. Reserved.
6.0 PERSONNEL/ORGANIZATION
6.1 Key Personnel. Work and services provided by the Contractor will be performed by:
Rebecca Venot, P.E.
Pete Bellezza, P.E.
Ian Hoffman, P.E.
Christi Meyn, P.E.
6.2 Changes in Key Personnel. The Contractor shall give the Borough reasonable advance
notice of any necessary substitution or change of key personnel and shall submit
justification therefore in sufficient detail to permit the Borough to evaluate the impact of
such substitution on this Agreement. No substitutions or other changes shall be made
without the written consent of the Borough.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional
services to complete the project and any additions or changes thereto. The Contractor accepts the
relationship of trust and confidence established between it and the Borough by this Agreement.
The Contractor covenants with the Borough to furnish its best skill and judgment, and to further
the interest of the Borough at all times through efficient business administration and management.
The Contractor shall provide all services in a competent manner. It is understood that some of the
services to be rendered hereunder required professional judgment and skill. In those cases, the
Contractor agrees to adhere to the standards of the applicable profession.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's
failure to meet any such deadlines or required performance may adversely imperil other
contractual obligations of the Borough.
9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply
with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and
executive orders, all applicable safety orders, all orders or decrees of administrative agencies,
courts, or other legally constituted authorities having jurisdiction or authority over the Contractor,
the Borough, or the service which may be in effect now or during performance of the services.
10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough from
and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor
under this agreement, including attorney fees and costs. The consultant is not required to
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Contract No. FY2022-28
indemnify, defend, or hold harmless the Borough for a claim of, or liability for, the independent
negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint
negligent act, error, or omission of the Contractor and the Borough, the indemnification, defense,
and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned
on a comparative fault basis. In this provision, "Contractor" and "Borough" include the
employees, agents, and contractors who are directly responsible, respectively, to each. In this
provision, "independent negligent acts, errors, and omissions of the Borough" means negligence
other than in the Borough's selection, administration, monitoring, or controlling of the Contractor,
or in approving or accepting the Contractor's work or the Contractor's subcontractors.
11.0 INSURANCE. The Contractor understands that no Borough insurance coverage, including
Workers' Compensation, is extended to the Contractor while completing the services described in
this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels)
insurance covering Workers' Compensation, general public liability, automobile, professional
liability, and property damage including a contractual liability endorsement covering the liability
created or assumed under this Agreement. The Contractor shall not commence work under this
Agreement or any work on any phase of the Project until the Contractor provides the Borough
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. Borough is an additional insured thereunder as respects liability arising out of or from
the work performed by Contractor of Borough.
b. Borough will be given thirty (30) days prior notice of cancellation or material
alteration of any of the insurance policies specified in the certificate.
c. Insurer waives all rights of subrogation against Borough and its employees or elected
officials.
d. The insurance coverage is primary to any comparable liability insurance carried by
the Borough.
Upon request, Contractor shall permit the Borough to examine any of the insurance policies
specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor,
for account of, and at the sole risk of the Contractor.
12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and
enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder
include full compensation for all work products and other materials produced by the Contractor
and its subcontractors pertaining to this Agreement.
The originals of all material prepared or developed by the Contractor 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
Borough when prepared, whether delivered or not, and shall, together with any materials
furnished the Contractor and its employees, agents, or representatives by the Borough hereunder,
be delivered to the Borough upon request and, upon termination or completion of this Agreement.
Materials previously created and copyrighted by the Contractor included in this project will
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Contract No. FY2022-28
remain property of the Contractor. Copies will be made available to the Borough upon request.
Materials purchased from and copyrighted by third parties are not included in this provision.
14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend,
indemnify, and save the Borough 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 employed by the Contractor 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 Contractor, within reasonable time and at its own
expense, will either secure a suspension of the injunction by procuring for the Borough a license
or otherwise, or replace such method, process, etc., with one of equal efficiency.
15.0 NONWAIVER. No failure of the Borough or Contractor 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.
16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike
manner. The Contractor 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.
17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by either party
upon ten (10) days written notice if the other parry fails substantially to perform in
accordance with its terms. If the Borough terminates this Agreement it will pay the
Contractor a sum equal to the percentage of work completed and accepted by the
Borough that can be substantiated by the Contractor and the Borough, offset by any
amounts owed to the Borough. 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.
17.2 Convenience Suspension or Termination. The Borough 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
Contractor 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 Contractor can establish and which would have
been compensated but because of the termination or suspension would have to be
absorbed by the Contractor without further compensation.
17.3 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 Borough or its Representative, the Contractor shall:
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Contract No. FY2022-28
a. stop work performed under this Agreement on the date and to the extent specified in
the Notice; and
b. transfer title to the Borough (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 Borough'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.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against
any employee or applicant for employment because of race, religion, color, national origin, or
because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or
parenthood 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 Contractor 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.
19.0 NO ASSIGNMENT OR DELEGATION. The Contractor 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 Contracting Officer.
20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the
performance of the work under this Agreement and shall not be an employee or agent of the
Borough.
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall
pay all federal, state and local taxes incurred by the Contractor and shall require their payment by
any other persons in the performance of this Agreement.
22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the
services performed by the Contractor. If any term, condition, or provision of this Agreement is
declared void or 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.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as
to the services to be rendered by the Contractor. All previous or concurrent agreements,
representations, warranties, promises, and conditions relating to the subject matter of this
Agreement are superseded by this Agreement.
24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all
work in a timely fashion, and in accordance with the schedules included in this Agreement and
Exhibits.
25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not
otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or
Kodiak, Alaska.
26.0 CHANGES IN SCOPE OF WORK.
26.1 General. No claim for additional services not specifically provided in this Agreement
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Contract No. FY2022-28
will be allowed, nor may the Contractor 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 Contractor, will be done at the sole expense of the Contractor.
26.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a
written Change Order delivered to the Contractor, make changes to the scope of work, or
authorize additional work outside the scope of work.
26.3 Compensation to the Contractor. 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;
b. in the amount of fee to be paid; and
c. in such other provisions of the Agreement as may be affected, and the Agreement
shall be modified in writing accordingly.
26.4 Any claim by the Contractor for adjustment under this section must be asserted within
fifteen (15) days from the day of receipt by the Contractor of the notification of change;
provided, however, that the Borough 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 25.0 of this Agreement.
27.0 LIMITATION OF FUNDS.
27.1 At no time will any provision of this Agreement make the Borough or its representative
liable for payment for performance of work under this Agreement in excess of the
amount that has been appropriated by the Borough Assembly and obligated for
expenditure for purposes of this Agreement.
27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an
authorization to the Contractor to exceed the amount allotted in the absence of a
statement in the change order, or other modification increasing the amount allotted.
27.3 Nothing in this Section shall affect the right of the Borough under Section 17 to terminate
this Agreement.
28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough
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.
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Contract No. FY2022-28
29.0 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:
Kodiak Island Borough
Attn: Borough Manager
710 Mill Bay Road, Room 125
Kodiak, Alaska 99615
CRW Engineering Group, LLC
Attn: Rebecca Venot, P.E.
3940 Arctic Blvd. Suite 300
Anchorage, Alaska 99503
IN WITNESS WHEREOF, the parties have executed this Agreement.
Kodiak Island Borough
SO uFAIi[RA�111
By: Roxanne Murphy
Title: Borough Manager
Date: I / 1 ?.;, I E2—
(Borough seal)
CRW Engineering, LLC
Signed: to'e& aggaa'
By: R# A41ezw
Title: D -C /nunLr
Date: �,1.2%ZOgm
Page 7 of 7
G RW
ENGINEERING GROUP LLC
December 3, 2021
Attn: Dave Conrad
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Kodiak Fishery Research Center Disinfection System Upgrade Design
Scope and Fee Proposal
Dear Dave,
CRW Engineering Group, LLC (CRW) is pleased to provide this proposal for design, permitting, and
construction administration services for disinfection system upgrades at the Kodiak Fishery Research
Center (KFRC), owned by the Kodiak Island Borough (KIB). Our preliminary work identified both ozone and
ultraviolet (UV) disinfection as viable long-term solutions for disinfecting wastewater from the facility and
provided design for a chlorine disinfection system to bring the facility into immediate compliance with
discharge permits.
SCOPE OF SERVICES
CRW proposes to provide the following services under this scope of work. The CRW work will be led by
project manager and process engineer Rebecca Venot, PE. Rebecca will be supported by senior electrical
engineer, Ian Hofmann, PE, and project process engineer Christi Meyn, PE.
Task 1 Disinfection Alternative Analysis
CRW's previous work identified rough order of magnitude capital costs for ozone and UV disinfection.
This task will refine the capital costs and develop operational costs for the two disinfection options to
allow KIB to make a more thorough analysis of the treatment alternatives. The results will be
summarized in a memorandum with details of the regular operational tasks required for each option.
Task 2 Disinfection System Design & Bidding
CRW will develop a draft and final design for the disinfection system KIB identifies as the preferred
option from Task 1. The design will include process, electrical, and controls improvements to
incorporate the new equipment into the existing process.
Each deliverable will be submitted to KIB for review and comment. A review meeting will be held via
video conference after each deliverable to discuss the review comments. The final drawings and
specifications will be signed and stamped by a professional engineer licensed in the State of Alaska.
Bidding and procurement will be by KIB using their standard contracts and procurement documents.
CRW will prepare technical specifications in the CSI 49 Division format to supplement KIB's standards.
CRW will respond to bidder questions forwarded by KIB and assist in preparing any necessary addenda.
Task 3 ADEC Permitting
CRW will prepare permit applications for wastewater treatment and discharge from the KFRC for
submittal to ADEC for review and comment.
Anchorage Office: 3940 Arctic Blvd. Suite 300, Anchorage, AK 99503 1 (907) 562-3252 fax (907) 561-2273
Palmer Office: 808 S. Bailey St. Suite 104, Palmer, AK 99645 1 (907) 707-1352 www.crweng.com
December 3, 2021
Kodiak Fishery Research Center Disinfection System Upgrade Design
Scope and Fee Proposal
The first submittal will be a notice of intent for the ongoing wastewater discharge. Once the
construction documents are completed, CRW will submit them to ADEC for an application for
construction approval for modifications to the system. When construction is complete, an interim and
final request for operation will be submitted.
A minimal amount of correspondence and dialogue is anticipated with ADEC for this permitting effort.
We assume that NOAA or KIB will coordinate any reviews by ADF&G.
Task 4 Construction Administration
KIB will manage the construction including contractor interfacing, payment requests, and regular
inspections. CRW will support KIB with the following tasks for engineering services during construction:
• Meetings:
o CRW's project manager will travel to Kodiak for a pre -construction meeting to be held
with the successful bidder prior to starting construction.
o CRW will participate in weekly construction meetings via telephone/video conference
for the duration of construction (assumed to be 10 weeks)
• Submittal Reviews
o CRW will review process and electrical submittals forwarded by KIB. In the submittal
review, CRW will confirm materials and equipment have been approved prior to
incorporation in the project.
• Requests for Information/Design Clarifications
o CRW will respond to requests for information and clarification forwarded by KIB.
o The clarifications and responses will be consistent with the intent of the contract
documents.
• Startup & Substantial Completion
o CRW's electrical/controls engineer and process engineer will travel to Kodiak for a
combination substantial completion inspection and to witness the startup and testing of
the new equipment.
o Work items requiring correction or that are incomplete will be documented in a punch
list for use by KIB and the Contractor.
• Final Completion
o CRW's electrical/controls engineer and process engineer will travel to Kodiak for a final
inspection to confirm all substantial completion punchlist items were completed.
• O&M Manual
o CRW will write a basic O&M manual to cover the general operation of the disinfection
system and required reporting for ADEC. The manual will not cover the detailed
operation of system components, as this information is available in Contractor supplied
O&M materials for the individual equipment components.
• Record Drawings
o CRW will develop final record drawings documenting the as -built condition of the
disinfection improvements
DELIVERABLES
All deliverables will be in the form of electronic PDF's.
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December 3, 2021
Kodiak Fishery Research Center Disinfection System Upgrade Design
Scope and Fee Proposal
SCHEDULE
CRW is available to start work on this immediately. The anticipated duration for the identified tasks is as
follows:
• Task 1: Disinfection Alternative Analysis — 4 weeks for draft memo, and one week to address
comments.
• Task 2: Disinfection System Design — 4 weeks for each design phase.
• Task 3: ADEC permitting — Discharge permit application in 2 weeks. Balance of permitting to match
the rest of the schedule.
• Task 4: Construction Administration — as needed with construction.
FEE
CRW proposes to complete the work on a time and materials basis. The total estimated fee is $124,500.
Details are included in the attached fee estimate.
Assumptions made in preparing this proposal are as follows:
• KIB will provide electronic CAD files for the existing facility if they are available.
• Lodging and ground transportation for the site visits will be provided by KIB.
• KIB will pay plan review fees directly to ADEC.
We appreciate the opportunity to submit this proposal and look forward to assisting you with this
project. Please let me know if you have any questions.
Sincerely,
CRW Engineering Group, LLC
[1
I� V
Rebecca Venot, PE
Project Manager, Civil Engineer
907-646-5673
rvenot@crwenR.com
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File: KFRC Disinfection Design.xlsx
Tab: Tasks & Subtasks
Kodiak Fishery Research Center Disinfection System
Design
FEE PROPOSAL (Rev. 12/3/2021)
Task & Subtask Description
Name, Rate & Projected Hours
CRW En ineering Group, LLC
W
a o W W
a
ca c x cx a
N X > X X X
ca`aoO a`O O
m O U - O O
a� w 0r w 2 w U w w
$230 $210 $215 $170 $135
O
O
Q
$110
Total
Labor 1
Cost $
Total
Expenses 1 Subtask 1
Total
Task
Task 1 - Disinfection Alternative Analysis
Draft Memorandum
1
8
4
16
8
1
$6,680
$70
$6,750
Review Meeting
2
2
$850
$10
$860
Final Memorandum & Recommendation
4
2
4
$1,950
$20
$1,970
Total Task 1:
1
14
8
20
8
1
$9,480
$100
$9,580
$9,580
Task 2 - Disinfection System Design
Draft Design Process
1 12
1
32
24 1
$11,200 1
$120
$11,320
Draft Design Electrical/Controls
16
48
$9,920
$100
$10,020
Specifications
16
16
4
$7,340
$80
$7,420
Review Meeting
2
2
2
2
$1,460
$20
$1,480
Final Design Process
12
32
24
$11,200
$120
$11,320
Final Design Electrical Controls
16
48
$9,920
$100
$10,020
Specifications
8
8
4
$3,940
$40
$3,980
Review Meeting
2
2
2
2
$1,460
$20
$1,480
Final Bid Document Preparation
2
2
4
8
$2,610
$30
$2,640
Response to Bidder Questions
2
2
2
2
$1,460
$20
$1,480
Total Task 2:
0
56
64
74
166
0
$60,510
$650
$61,160
$61,160
Task 3 - ADEC Permitting
Discharge Permit Application
4
8
$2,200
$30
$2,230
Wastewater Treatment Application for Const. Approval
4
8
$2,200
$30
$2,230
Interim Approval to Operate
2
4
1
$1,100
$20
$1,120
Final Approval to Operate
2
4
$1,100
$20
$1,120
Total Task 3:
0
12
0
24
0
0
$6,600
$100
$6,700
$6,700
Task 4 - Construction Administration
Meetings
24
10
$6,740
$1,100
$7,840
Submittal Reviews
4
8
24
24
$9,880
$100
$9,980
RFI's
4
1 4
8
$3,060
$40
$3,100
Startup/Substantial Completion Inspection
24
24
1
1
$9,240
$2,200
$11,440
Final Completion Inspection
16
16
$6,160
$2,200
$8,360
O&M Manual
4
8
$2,200
$30
$2,230
Record Drawings
8
20
$4,060
$50
$4,110
Total Task 4:
0
36
52
98
44
0
$41,340 1
$5,720
$47,060 1
$47,060
TOTAL BASIC SERVICES:
1
118
124
216
218
1
$117,930 1
$6,5701
$124,5001
$124,500
Notes and Assumptions:
1) Task numbers correspond to Work Task Descriptions.
2) KIB provides lodging and ground transportation.
3) KIB pays plan review fees directly to ADEC.
CRW Engineering Group, LLC Page 1 of 1 Date: 12/3/2021