HomeMy WebLinkAboutR-1993-143 CH2M HillRESOLUTION NO. R-93-143
A RESOLUTION authorizing execution of a contract for engineering
services with CH2M-Hill.
WHEREAS, the City of Yakima has need for consulting engineering
services for the "update of the 1994 Water Comprehensive Plan, the
development of a Water Conservation Plan, and Orthophotography
Services"; and
WHEREAS, the City does not possess adequate in-house engineering
staff to perform the necessary work involved in the development of the
aforementioned Plans; and
WHEREAS, the City of Yakima has complied with the provisions of
RCW 39.80 which concerns a procurement of engineering and
architectural services by a city; and
WHEREAS, the City Council deems it to be in the best interest of
the City to contract with CH2M-Hill for the engineering services
necessary to update the 1994 Water Comprehensive Plan, to develop a
Water Conservation Plan, and provide Orthophotography Services" now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk, and Director of the Department of
Engineering and Utilities are hereby authorized and directed to
execute the attached and incorporated "Agreement" together with its
attachments, including Task Orders 1, 2, and 3.
ADOPTED BY THE CITY COUNCIL this 21st day of December , 1993.
.%)2/5 r Pr P
Mayor
:
ATTEST
C %'C
City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
CH2M-HILL NORTHWEST, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of
December , 1993, by and between the City of Yakima, Washington
with principal offices at 129 N. Second Street, Yakima, Washington
98901, hereinafter referred to as "CITY", and CH2M-HILL NORTHWEST,
Inc., and which corporation and its personnel performing this
Agreement are licensed and registered to do business in the state
of Washington, hereinafter referred to as "CONSULTANT", for the
update of the 1994 Water Comprehensive Plan, develop a Conservation
Plan, and provide Orthphotography Services, hereinafter called the
"PROJECT".
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide
engineering services for the compilation of a Water Comprehensive
Plan, a Conservation Plan, and to provide Orthophotography Services
as described in this Agreement and Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and
offers to provide personnel with expertise necessary to
satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from
entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
The above recitals are incorporated into these operative
provisions of the Agreement.
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SECTION 2 SCOPE OF SERVICES
2.0 CONSULTANT agrees to perform those services described
hereafter. Unless modified in writing by both parties, duties
of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.1 Basic Services
CONSULTANT agrees to perform those planned tasks described in
Exhibit A, entitled "City of Yakima - Water Comprehensive
Plan, Conservation Plan, and Orthophotography Services". Which
is part of this Agreement as if fully set forth herein.
2.2 Additional Services
CITY and CONSULTANT agree that not all work to be performed
by CONSULTANT can be defined in detail at the time this
Agreement is executed, and that incidental work related to
Project and not covered in Exhibit A may be needed during
performance of this Agreement. CITY may, at any time, by
written order, direct the CONSULTANT to revise portions of the
PROJECT work previously completed in a satisfactory manner,
delete portions of the PROJECT, or request that the
CONSULTANT perform additional work beyond the scope of the
PROJECT work. Such changes hereinafter shall be referred to
as "Additional Services".
2.2.1 If such Additional Services cause an increase or
decrease in the CONSULTANT'S cost of, or time
required for, performance of any services under
this Agreement, an equitable contract price
and/or completion time adjustment shall be made
and this Agreement shall be modified in writing
accordingly
2.2.2 Compensation for each such request for Additional
Services will be negotiated by the CITY and the
CONSULTANT according to the provisions set forth
in Exhibit B and if so authorized shall be
considered part of the PROJECT work. The CONSULTANT
shall not perform any Additional Services until so
authorized by CITY and agreed to by the CONSULTANT
in writing.
2.3 The CONSULTANT must assert any claim for adjustment in
writing within thirty (30) days from the date of receipt by
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1993
the CONSULTANT of the written notification of change or of
providing services related to an asserted change, whichever
is earliest.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 OWNER -FURNISHED DATA
The CITY will provide to the CONSULTANT all technical data in
the CITY's possession relating to the CONSULTANT's services
on the PROJECT. CONSULTANT will reasonably rely upon the
accuracy, timeliness, and completeness of the information
provided by the CITY.
3.2 ACCESS TO FACILITIES AND PROPERTY
The OWNER will make its facilities accessible to CONSULTANT as
required for CONSULTANT's performance of its services.
3.3 TIMELY REVIEW
The OWNER will examine the CONSULTANT's studies, reports,
sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other
consultants as OWNER deems appropriate; and render in writing
decisions required of OWNER in a timely manner.
3.4 PROMPT NOTICE
The OWNER will give prompt written notice to CONSULTANT
whenever OWNER observes or becomes aware of any development
that affects the scope or timing of CONSULTANT's services, or
any defect in the work of the CONSULTANT.
3.5 CITY shall appoint a City's Representative with respect
to work to be performed under this Agreement. City's
representative shall have complete authority to transmit
instructions, receive information, and interpret and define
City's policies. CONSULTANT shall be entitled to reasonably
rely on such representations made by the City's
Representative unless otherwise directed in writing by the
CITY, but CONSULTANT shall be responsible for bringing to the
attention of the City's Representative any representations
which the CONSULTANT believes are inadequate, incomplete or
inaccurate based upon the CONSULTANT'S knowledge. Any
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documents, service and reports provided by the CITY to the
CONSULTANT are available solely as additional information to
the CONSULTANT and will not relieve the CONSULTANT of its
duties and obligations under this Agreement or at law. The
CONSULTANT shall be entitled to reasonably rely upon the
accuracy and the completeness of such documents, services and
reports, but shall be responsible for exercising customary
professional care in using and reviewing such documents,
services and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT
specific authorization to proceed with work described in Task
Order No. 1 of Exhibit A.
4.2 CONSULTANT shall provide to the CITY regular progress and
status reports concerning the work effort(s) currently being
pursued.
4.3 The Work requirements of this entire Agreement shall be
completed on or before December 31, 1994.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A MULTIPLIER BASIS
For Tasks and associated costs as enumerated in Exhibit A,
compensation shall be the total number of hours worked by each
employee multiplied by the applicable hourly rates as listed
in Exhibit C, and then multiplied by a factor of 2.2 .
Direct costs shall be billed at cost, without markup, to
include all applicable taxes. The 1993 hourly rates for
CONSULTANT's employees are as listed in Exhibit C, and are
subject to revision at the first of each calendar year.
5.1.1 DIRECT EXPENSES
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Direct expenses are those costs incurred on or directly
for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for
CONSULTANT'S vehicles; meals and lodging, laboratory
tests and analyses; computer services; word processing
services; telephone, printing, binding and reproduction
charges; all costs associated with outside consultants,
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subconsultants, and other outside services and
facilities; special City -requested and PROJECT -related
insurance and performance warranty costs; and other
similar cost. Reimbursement for said Direct Expenses will
be for the actual expenses incurred by the CONSULTANT.
Estimated Direct Expenses are summarized in Exhibit B.
5.2 COST LIMITATIONS
Unless specifically authorized by the CITY, the total cost to
the CITY for all of the work requirements of this Agreement
shall not exceed $ 510,700.00 .
5.2.1 CONSULTANT will make reasonable efforts to
complete the work within the cost limits established for
each task element and will keep the CITY informed of
progress throughout the work effort on each of the task
elements, so that the work effort or the cost limit can
be adjusted if found necessary. The CONSULTANT is not
obligated to incur costs beyond the established cost
limit for each task element, as may be adjusted, nor is
the CITY obligated to pay the CONSULTANT beyond the cost
limits. When any cost limit has been increased, the
CONSULTANT'S excess costs expended prior to such an
increase will be allowable to the same extent as if such
costs had been incurred after the approved increase.
5.3 CITY'S REPRESENTATIVE
The CONSULTANT will use its best efforts to submit to the
City's representative by the 10th day of each calendar month
an invoice for payment for PROJECT services completed through
the previous month. Such invoices shall be for PROJECT
services performed and costs incurred prior to the date of the
invoice and not covered by previously submitted invoices. The
CONSULTANT shall maintain in its office originals of all
reports, receipts, and copies of all time sheets, and other
supporting materials necessary to verify the percentage of
completion. CONSULTANT shall submit with the above invoice,
an estimate of the percentage of work completed for each task
element for which costs have been incurred. CITY will use its
best efforts to pay such invoices within thirty (30) days of
receipt and upon approval of the work done and amount billed.
CITY will notify the CONSULTANT promptly if any problems are
noted with the invoice. CITY may question any item in an
invoice, noting to CONSULTANT the questionable item(s) and
withholding payment for such item(s). The CONSULTANT may
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resubmit such item(s) in a subsequent invoice together with
additional supporting information required. Copies of all
invoices submitted by the authorized subcontractors,
associates or subconsultants shall be submitted to CITY and
will follow the same format as that of the CONSULTANT.
5.4 If payment is not made within thirty (30) days, interest
on the unpaid balance shall accrue beginning with the
thirty-first (31) day at the rate of 1.0% per month or the
maximum interest rate permitted by law, whichever is less,
provided however, that no interest shall accrue pursuant
to Chapter 39.70 RCW when before the date of timely
payment a notice of dispute is issued in good faith by the
CITY to the CONSULTANT pursuant to the terms of RCW 39.76.020.
5.5 Final payment of any balance due the CONSULTANT for
PROJECT services will be made within forty- five (45) days
after satisfactory completion of the services required by
this Agreement as evidenced by written acceptance by CITY
and after such audit or verification as CITY may deem
necessary and execution and delivery by the CONSULTANT of
a release of all claims against CITY arising under or by
virtue of this Agreement, other than such claims, if any, as
may be specifically exempted by the CONSULTANT from the
operation of the release in stated amounts to be set forth
therein.
5.6 Payment for any PROJECT services shall not constitute a
waiver or release by CITY of any claims, right or remedy it
may have against the CONSULTANT under this Agreement or by
law, nor shall such payment constitute a waiver, remission or
discharge by CITY of any failure or fault of the CONSULTANT to
satisfactorily perform the PROJECT work as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 The CONSULTANT shall be responsible for the professional
quality, technical adequacy and accuracy, timely completion
and the coordination of all plans, design, drawings,
specifications, reports and other services furnished by the
CONSULTANT under this Agreement. The CONSULTANT shall,
without additional compensation, correct or review any errors,
omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services. The
CONSULTANT shall perform its work according to generally
accepted architectural and engineering standards.
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6.2 CITY'S review or approval of, or payment for, any
reports, recommendation, and any incidental work or services
furnished hereunder shall not in any way relieve the
CONSULTANT of responsibility for the technical adequacy,
completeness or accuracy of its work. CITY'S review, approval
or payment for any of the services shall not be construed to
operate as a waiver of any rights under this Agreement or at
law or any cause of action arising out of the performance of
this Agreement.
6.3 LIMITATION OF LIABILITY
The CONSULTANT shall be and shall remain liable, in accordance
with applicable law, for all damages to the CITY, except as
provided herein, caused by the CONSULTANT'S negligent
performance of any of the work and services furnished by the
CONSULTANT or its subconsultants under this Agreement. To the
maximum extent permitted by law, CONSULTANT'S liability for
CITY'S damages, for any cause or combination of causes, will,
in the aggregate, not exceed the compensation received by
CONSULTANT under this AGREEMENT, except for damages resulting
from the CONSULTANT'S willful misconduct or gross negligence.
This Subsection takes precedence over any conflicting
Subsection of this AGREEMENT or any document incorporated into
it or referenced by it.
6.3.1 This limitation of liability is a business
understanding between the parties and applies to
all different theories of recovery, including
breach of contract warranty, tort including
negligence, strict or statutory liability, or any
other cause of action, except for willful
misconduct or gross negligence. Parties means the
CITY and the CONSULTANT, and their officers,
employees, agents, affiliates, and subconsultants.
The parties also agree that the CITY will not seek
damages in excess of the limitations indirectly
through suits with other parties who may join the
CONSULTANT as a third -party defendant.
6.4 In performing work and services hereunder, the CONSULTANT
and its subcontractors, subconsultants, employees, agents and
representatives shall be acting as independent contractors and
shall not be deemed or construed to be employees or agents of
CITY in any manner whatsoever. The CONSULTANT shall not hold
itself out as, nor claim to be, an officer or employee of CITY
by reason hereof and will not make any claim, demand or
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application to or for any right or privilege applicable to an
officer or employee of CITY. The CONSULTANT shall be solely
responsible for any claims for wages or compensation by
CONSULTANT employees, agents and representatives, including
subconsultants and subcontractors, and shall save and hold
CITY harmless therefrom.
6.5 INDEMNIFICATION
(a) CONSULTANT agrees to indemnify, defend, and hold the
CITY harmless from loss, cost, or expense of any kind
claimed by third parties, including such loss, cost or
expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful
misconduct of the CONSULTANT, its employees, officers,
and subconsultants in connection with the PROJECT. In the
event that any lien is placed upon the property of the
CITY or any of the CITY'S officers, employees, or agents
as a result of the negligence or willful misconduct of
the CONSULTANT, the CONSULTANT shall at once cause the
same to be dissolved and discharged by giving bond or
otherwise.
(b) CITY agrees to indemnify, defend and hold the
Consultant harmless from loss, cost, or expense of any
kind claimed by third parties, including such loss, cost,
or expense of any kind claimed by third parties,
including such loss, cost or expense resulting from
injuries to persons or damages to property, caused solely
by the negligence or willful misconduct of the CITY, its
employees or agents in connection with the PROJECT.
(c) If the negligence or willful misconduct of both the
CONSULTANT and the CITY ( or a person identified above
for whom each is liable) is a cause of such third party
claim, the loss, cost, or expense shall be shared between
the CONSULTANT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and
the right of indemnity will apply for such proportion.
(d) The above indemnity is a business understanding between
the parties and applies to all different theories of
recovery, including breach of contract warranty, tort
including negligence, strict or statutory liability, or
any other cause of action.
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6.6 In any and all claims by an employee of the CONSULTANT,
any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be
liable, the indemnification obligations under this Agreement
shall not be limited, in any way by any limitation on the
amount or types of damages, compensation or benefits payable
by or for the CONSULTANT or a subcontractor under workers' or
workmens° compensation acts, disability benefit acts or other
employee benefit acts. The CONSULTANT waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such
waiver has been mutually negotiated by the CONSULTANT and the
CITY as evidenced by their specific and express initialling of
this paragraph.
(Consultant's Initials) (City's Initials)
CH2M Hill expressly reserves it's rights as a third person as
set forth in RCW 51.24.035.
6.7 It is understood that any resident engineering or
inspection provided by CONSULTANT is for the purpose of
determining compliance with the technical provisions of
PROJECT specifications and does not constitute any form of
guarantee or insurance with respect to the performance of a
contractor. CONSULTANT does not assume responsibility for
methods or appliances used by a contractor, for the safety of
construction work, or for compliance by contractors with laws
and regulations. CITY shall use its best efforts to assure
that the construction contract requires that the contractor(s)
indemnify and name CITY and the CITY'S officers, principals,
employees, agents, representatives, engineers, and CONSULTANTS
as additional insured on contractor's insurance policies
covering PROJECT.
6.8 SUBSURFACE INVESTIGATIONS
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where observation,
exploration, 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 cost/execution effects are not the responsibility of the
CONSULTANT.
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SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general project schedule and the cost limit for both
the entire project and its component tasks shall be as set
forth in this Agreement and attachments. The CITY and the
CONSULTANT shall after the execution of this Agreement conduct
regular periodic meetings to review the CONSULTANT'S work
progress on each Task and/or Task Element.
7.2 Not later than the tenth day of each calendar month
during the performance of the PROJECT, the CONSULTANT shall
submit to the CITY'S Representative a written narrative
description of the work accomplished by the CONSULTANT and
subconsultants on each task, indicating a good faith estimate
of the percentage completion thereof on the last day of the
previous month. Additional oral or written reports shall be
prepared at the request of the CITY for presentation to other
governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All work products of the CONSULTANT are instruments or
service of this PROJECT. Reuse, change or alternation by the
CITY or others acting through or in behalf of the CITY without
written permission of the CONSULTANT will be at the CITY's
sole risk. The CITY agrees to indemnify the CONSULTANT and
its officers, employees, subcontractors and affiliated
corporations from all claims, damages, losses, and costs,
including, but not limited to, litigation expenses and
attorney's fees, arising out of or related to such
unauthorized reuse, change or alternation.
8.2 The CONSULTANT agrees that ownership of any plans,
drawings, designs, specifications, computer programs and
hardware, reports, operating manuals, calculations, notes and
other work submitted or which are specified to be delivered
under this Agreement or which are developed or produced and
paid for under this Agreement whether or not complete shall be
vested in the CITY.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The CONSULTANT, including it subconsultants, shall
maintain books, records, documents and other evidence directly
pertinent to performance of the work under this Agreement in
accordance with generally accepted accounting principles and
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practices consistently applied. The CITY or the CITY'S duly
authorized representative, shall have access to such books,
records, documents and other evidence for inspection, audit,
and copying for a period of three years after completion of
the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT
work if deemed necessary by the CITY to verify the
CONSULTANT'S work and invoices.
9.2 Audits conducted pursuant to this section shall be in
accordance with generally accepted auditing standards and
established procedures and guidelines of the reviewing or
auditing agency.
9.3 The CONSULTANT agrees to the disclosure of all
information and reports resulting from access to records
pursuant to this section provided that the CONSULTANT is
afforded the opportunity for an audit exit conference and an
opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that
the final audit report will include written comments, if any,
of the CONSULTANT.
9.4 The CONSULTANT shall insure that substantially the
foregoing paragraphs are included in each subcontract for work
on the Project.
SECTION 10 INSURANCE
10.1 Prior to beginning work under this Agreement, the
CONSULTANT shall provide Certificates of Insurance as evidence
that policies providing the following coverage and limits of
insurance are in full force and effect. The CITY and the
CITY'S officers, principals, employees, representatives and
agents shall be designated as additional insured on all such
policies except for professional liability. Such insurance
shall be primary and other insurance maintained or carried by
the City shall be separate and distinct and shall not be
contributing with the insurance listed hereunder.
10.1.1 Comprehensive general liability insurance,
including personal injury liability, blanket
contractual liability, and broad -form property
damage liability coverage. The combined single
limit for bodily injury and property damage shall
be not less than $1,000,000.
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10.1.2 Automobile bodily injury and property damage
liability insurance covering owned, non -owned,
rented, and hired cars. The combined single limit
for bodily injury and property damage shall be not
less than $1,000,000.
10.1.3 Statutory workers' compensation and employer's
liability insurance as required by state law.
10.1.4 Professional liability insurance. The limit of
liability shall be not less than $1,000,000.
10.2 Failure of either or all of the additional insured to
report a claim under such insurance shall not prejudice the
rights of the CITY, its officers, employees, agents, and
representatives thereunder. The CITY and the CITY'S officers,
principals, employees, representatives and agents shall have
no obligation for payment of premiums because of being named
as additional insured under such insurance. None of the
policies issued pursuant to the requirements contained herein
shall be cancelled, allowed to expire, or changed in any
manner so as to affect the rights of the City thereunder until
thirty (30) days after written notice of such intended
cancellation, expiration, or change.
SECTION 11 SUBCONTRACTS
11.1 CONSULTANT shall be entitled, to the extent determined
appropriate by CONSULTANT, to subcontract any portion of the
work to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the CONSULTANT
utilized on this PROJECT, including any substitutions thereof,
will be subject to prior approval by CITY, which approval
shall not be unreasonably withheld. Each subcontract shall be
subject to review by the CITY'S Representative, if requested,
prior to the subconsultant or subcontractor proceeding with
the work. The CONSULTANT shall be responsible for the
architectural and engineering performance, acts and omissions
of all persons and firms performing subcontract work.
11.3 CITY hereby authorizes the CONSULTANT to subcontract with
the persons and firms listed below:
11.4 The CONSULTANT shall submit, along with its monthly
invoices, a description of all work completed by
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subconsultants and subcontractors during the preceding month
and copies of all invoices thereto.
SECTION 12 ASSIGNMENT
This Agreement is binding on the heirs, successors, and
assigns of the parties hereto. This Agreement may not be
assigned by CITY or CONSULTANT without prior, written consent
of the other, which consent will not be unreasonably withheld.
SECTION 13 INTEGRATION
This Agreement represents the entire understanding of CITY and
CONSULTANT as to those matters contained herein. No prior
oral or written understanding shall be of any force or effect
with respect to those matters covered herein. This Agreement
may not be modified or altered except in writing signed by
both parties.
SECTION 14 JURISDICTION AND VENUE
This Agreement shall be administered and interpreted under the
laws of the State of Washington. Jurisdiction of litigation
arising from this Agreement shall be in that state. If any
part of this Agreement is found to conflict with applicable
laws, such part shall be inoperative, null, and void insofar
as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect. Venue of all
disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
In connection with the Services under this Agreement,
CONSULTANT agrees to comply with the applicable provisions of
State and Federal Equal Opportunity statutes and regulations.
SECTION 16 SUSPENSION OF WORK
CITY may suspend, in writing, all or a portion of the work
under this Agreement if unforeseen circumstances beyond CITY'S
control make normal progress of the work impossible.
CONSULTANT may request that the work be suspended by notifying
CITY, in writing, of circumstances that are interfering with
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the normal progress of work. CONSULTANT may suspend work on
PROJECT in the event CITY does not pay invoices when due,
except where otherwise provided by this Agreement. The time
for completion of the work shall be extended by the number of
days work is suspended. If the period of suspension exceeds
90 days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to
terminate work on the suspended portion of Project in
accordance with SECTION 16.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in
part, if the other party materially breaches its obligations
under this Agreement and is in default through no fault of the
terminating party. However, no such termination may be
effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by
certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with the
terminating party before termination. Notice shall be
considered issued within twenty-four (24) hours of mailing by
certified mail to the place of business of either party as set
forth in this Agreement.
17.2 In addition to termination under paragraph 17.1 of this
Section, CITY may terminate this Agreement for its
convenience, in whole or in part, provided the CONSULTANT is
given: (1) not less than fifteen (15) calendar days written
notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for
consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the
CONSULTANT, an equitable adjustment in the contract price
shall be made, but (1) no amount shall be allowed for
anticipated profit on unperformed services or other work, and
(2) any payment due to the CONSULTANT at the time of
termination may be adjusted to the extent of any additional
costs or damages CITY has incurred, or is likely to incur,
because of the CONSULTANT'S breach. In such event, CITY shall
consider the amount of work originally required which was
satisfactorily completed to date of termination, whether that
work is in a form or of a type which is usable and suitable to
CITY at the date of termination and the cost to CITY of
completing the work itself or of employing another firm to
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complete it. Under no circumstances shall payments made under
this provision exceed the contract price. In the event of
default, the CONSULTANT agrees to pay CITY for any and all
damages, costs and expenses, whether direct, indirect or
consequential, caused by said default. This provision shall
not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond
that covered by contract retainage or other withheld payments.
17.4 If the CONSULTANT terminates for default on the part of
CITY or if CITY terminates for convenience, the equitable
adjustment shall include payment for services satisfactorily
performed to the date of termination, in addition to
termination settlement costs the CONSULTANT reasonably incurs
relating to commitments which had become firm before the
termination, unless CITY determines to assume said
commitments.
17.5 Upon receipt of a termination notice under subsections
17.1 or 17.2 above, the CONSULTANT shall (1) promptly
discontinue all services affected (unless the notice directs
otherwise), and (2) deliver or otherwise make available to
CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other
information, documents and materials as the CONSULTANT or its
subconsultants may have accumulated or prepared in performing
this Agreement, whether completed or in progress, with the
CONSULTANT retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY
reserves the right to prosecute the work to completion
utilizing other qualified firms or individuals; provided, the
CONSULTANT shall have no responsibility for the further work
thereon.
17.7 If, after termination for failure of the CONSULTANT to
fulfill contractual obligations, it is determined that the
CONSULTANT has not so failed, the termination shall be deemed
to have been effected for the convenience of CITY. In such
event, the equitable adjustment shall be determined as set
forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other
occurrence, it becomes impossible for any key personnel
employed by the CONSULTANT in PROJECT work or for any
corporate officer of the CONSULTANT to render his services to
the PROJECT, the CONSULTANT shall not be relieved of its
ENG'R AGR
1993
15
obligations to complete performance under this Agreement
without the concurrence and written approval of CITY. If CITY
agrees to termination of this Agreement under this provision,
payment shall be made as set forth in subparagraph 17.3 of
this Section.
Section 18 Arbitration
All claims, counterclaims, disputes and other matters in
question arising out of, or relating to, this AGREEMENT or the
breach thereof may be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining. Either CITY
or CONSULTANT may initiate a request for such arbitration, but
consent of the other party to such procedure shall be a
necessary precondition to arbitration. No arbitration arising
out of, or relating to, this AGREEMENT may include, by
consolidation, joinder, or in any other manner, any additional
party not a party to this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective authorized officers or
representatives as of the day and year first above written.
CITY OF YAKIMA
`\
J
Signature
Print Name
Title
D
r
Dennis E. Covell, Director of
Engineering and Utilities
ATTEST:
City Clerk
ENWR AGR
1993
CFT"F -CONTRACTNO.'1i°-3-$43
CH2M Hill Incorporated
Signature
`� �' r-� I t✓� C 161\ \r)
Print Name
Title
a,'r$,
Date
16
EXHIBIT A
SCOPE
CITY OF YAKIMA
WATER COMPREHENSIVE PLAN, CONSERVATION PLAN
and ORTHOPHOTOGRAPHY
The scope of services for the Water Comprehensive Plan and Conservation Plan is divided
into the following tasks:
Task 1 -- Water Comprehensive Plan
Task 2 -- Conservation Plan
Task 3 -- Digital Orthophotography
Task 1 is further divided into 11 task elements and Task 2 is divided into 5 Task Elements.
Each of the task elements corresponds to a chapter in the respective plans. Task 3
products will be digital data and maps.
A technical memorandum for each task element (chapter) will be submitted to the City for
review prior to its incorporation into the plan. The technical memorandums will provide a
means of keeping the City informed as to the status of the project, and allow modifications
to be made early in the project before further work is completed that is based on
conclusions from previous task elements.
Our approach for the project is to update and expand sections of the City's 1988 Water
Comprehensive Plan where needed to reflect changes that have occurred since the 1988
Plan was prepared. The remaining effort will address new State and Federal regulations
and City needs.
Task 1
Water Comprehensive Plan
The objective of Task 1, Water Comprehensive Plan, is to prepare an update to the City's
1988 Water Comprehensive Plan. The purpose of the plan is to identify present and future
water system needs and set forth a means for meeting those needs in a manner consistent
with other relevant plans and regulations.
A major consideration of this plan is public involvement at all levels. The public
involvement will include a committee composed of interested members of the City Council
and the general public. The committee will meet periodically to review the direction and
conclusions of the plan. They will also provide suggestions that will be considered during
preparation of the plan.
1
Task Element 1: System Planning Considerations
CH2M HILL will update the chapter entitled "System Planning Considerations" in the 1988
Plan. Included will be updated descriptions of the following:
• Water System History
• Existing Service Area
• Adjacent Purveyors
• Regional Considerations
• Land Use
• Population
• Future Service Area
Our approach will be to first review existing records and interview City staff. We will
then edit the System Planning Considerations chapter in the 1988 Water Plan to include the
changes that have occurred since the 1988 plan was prepared. We will add a new section
to describe other plans that may have an impact on the water system.
Task Element 2: Existing System
The objective of Task Element 2 is to describe the major components of the existing water
system and how those components interrelate. The description will include each pressure
zone, the physical facilities within each pressure zone, and an assessment of how well each
of the facilities operates. Our approach for this element of the project is to interview City
staff and then edit the 1988 Water Plan to include changes that have occurred since the
1988 plan was prepared.
Task Element 3: Water Requirements
Using supply and consumptive use data provided by the City, CH2M HILL will summarize
the water use over the last five years and then estimate water use for the next planning
period. Activities included in this element are listed below:
1. Summarize variations in demand. This includes determining average day,
maximum day, maximum hour, maximum instantaneous and minimum hour
demands based on the City's supply and storage records. These demands
will be compared to demands of other similar Cities. A graph will be
prepared showing total system demand for each hour during a maximum day
demand.
2
2. Summarize existing demands by customer category (e.g., irrigation,
residential, commercial etc.).
3. Discuss existing data in terms of Interim Guidelines for Public Water
Systems Regarding Water Use Reporting, Demand Forecasting Methodology
and Conservation Programs.
4. Estimate future demands. Explain approach, assumptions, conclusions,
accuracy and policies affecting future demand.
5. Summarize fire flow and irrigation demands, and high demand areas.
Task Element 4: Internal Study Criteria and Standards
The objective of this element of the project is to summarize the criteria that will be used to
judge the adequacy of the water system under various demand conditions. The criteria will
include planning and financing as well as engineering criteria. Our approach for this
element of the project is to review the 1988 Plan and compare with current regulatory
requirements. Afterwards, we will work with City staff to evaluate the need to modify the
criteria and standards.
Task Element 5: Existing Supply
The objective of this element of the project is to evaluate the existing supply sources. Our
approach is to revise the 1988 Plan to reflect current conditions and to add several new
sections that are now required by the State. Activities included in this task element are
listed below:
1. Description and evaluation of the surface water and ground water resources.
Also included in the groundwater evaluation is a review of available
hydrogeologic data.
2. Summary of State and Federal Rules and Regulations that will impact the
City's water supply including the Safe Drinking Water Act, the Growth
Management Act, WAC 246-290, well head protection requirements,
conservation and the adjudication of water rights.
3. Evaluation and summary of water rights, water quality and water quantity.
4. Preparation of a reconnaissance level water shed study. The study will
include the identification of prevailing activities within the water shed that
could have an impact on water quality, characterization of the contaminants
and the associated health affects and assessment of the vulnerability of the
water shed to pollution.
3
5. Development of an outline for meeting the State's requirements for a Well
Head Protection Plan. Prepare a cost range for modeling.
6. Discussion of other impacts from the Safe Drinking Water Act on the
groundwater and distribution system. Examples include the impact of the
population growth resulting from the addition of the railroad area customers
on the lead and copper rule, and the discussion of whether source water
quality will continue to be adequate to meet existing and future water quality
standards.
Task Element 6: Future Supply
The objective of this element of the project is to evaluate alternatives for meeting the future
supply requirements for both the water and irrigation systems. Alternatives will be
presented that demonstrate the impacts of irrigation water supply on the system. Our
evaluation will include a review of the influence of various water rate structures, and the
impact of leak detection and prevention programs, and water conservation programs. The
actual water conservation program will be prepared under a separate task order.
Task Element 7: Distribution Storage Analysis
The objective of this element of the project is to determine the City's distribution storage
requirements based on the criteria that will be established in Task Element 4. Storage
needs will be evaluated for the existing water system with and without the irrigation
system. The analysis will not include adjacent purveyors. It is presumed that if adjacent
purveyors obtain future supply from the City of Yakima their systems will be equipped
with sufficient distribution storage.
Task Element 8: Distribution System Evaluation
The objective of this element of the project is to evaluate the distribution system using a
computerized hydraulic model. The purpose of the evaluation is to identify deficiencies
and needed system improvements based on existing and future system demands. Activities
included in this task element are listed below:
1. Conduct workshop with City staff to determine the criteria for selecting a
hydraulic modeling program that best meets the City's needs.
2. Investigate alternative computer programs based on the criteria selected
above and provide a technical memorandum summarizing the results.
3. Purchase computer hardware and software based on City's selection.
4. Work with the City in developing routines and communications methods for
transferring data between the model and the City's existing Arc Info,
ArcCAD and AutoCAD systems.
4
5. Model the City's system with the selected computer hardware and software.
The model will include maximum day, maximum day plus fire and
maximum hour demands with and without the irrigation system demands.
Results of the models will be used to identify deficiencies and needed
improvements within the system.
6. Set up the computer hardware and software at the City and train the City's
staff in its operation.
Task Element 9: Operations Analysis
The objective of this element of the project is to summarize the City's existing operations
programs and to evaluate the manpower, equipment and facilities needed to effectively
carry out the day to day operation of the water and irrigation systems. Our approach is to
update and expand upon the existing plan, including descriptions of personnel, operation
and control, monitoring, emergency response and cross -connection control. Manpower,
equipment and facilities will be compared with other similar systems. The City's
operations will be reviewed and recommendations for improvement made if needed.
Task Element 10: Capital Improvements Recommendations
CH2M HILL, in concert with the City staff and public input, will prioritize and develop a
proposed schedule of implementation for all of the recommended system improvements.
The schedule will identify improvements to be implemented immediately, within the next 6
years, and by the year 2025. Order -of -Magnitude cost estimates will be prepared for each
of the recommended system improvements.
Task Element 11: Water System Finances
CH2M HILL will prepare information describing the basic water rate structure options
available to the City. The discussion will address how well each alternative meets standard
rate making guidelines including: promoting conservation, rate and revenue stability,
implementability, public acceptance, reflection of cost of service, and other factors. Rate
forms to be considered will include seasonal, volumetric, goal -based, inverted, and
declining block structures. A separate discussion of irrigation rates will be included.
In accordance with State Water Comprehensive Plan Guidelines, a financial program will
be developed that describes how each major capital improvement will be financed. Our
approach will be to develop a 10 -year financial forecast of the City's water system
operations, including projected revenues, operations and maintenance expenses, and capital
costs. We will examine tradeoffs between debt and rate financing in order to best meet the
City's financial objectives (e.g., cash reserve requirements, target coverage ratios, levels of
municipal equity, etc.). A draft plan will be developed for City review. Later, we will
work with City staff to refine the plan. At the conclusion of the study, a financial forecast
model will be left with the City for future updates.
5
Task Element 12: Final Review and Production
This task includes final review, presentations and production of a camera ready report and
report in digital medium.
Task 2
Water Conservation Plan
The objective of Task 2 is to prepare a Water Conservation Plan for the City's potable
water and irrigation systems in accordance with the Interim Guidelines for Public Water
Systems Regarding Water Use Reporting, Demand Forecasting Methodology, and
Conservation Programs. The purpose of the plan is to identify conservation measures that
are or will be implemented, explain how they will be monitored and funded, and explain
how the conservation measures and the level of implementation were chosen.
The first 3 task elements of the Water Conservation Plan are similar to the first 3 task
elements of the Water Comprehensive Plan. As a result, sections of the Water
Comprehensive Plan will be incorporated into and referenced in the Water Conservation
Plan. Likewise, sections of the Water Conservation Plan will be incorporated into and
referenced in the Water Comprehensive Plan.
Task Element 1: System Planning Considerations
The objective of this initial element is to review and compile the background information
needed for the subsequent evaluation of potential conservation measures. Included will be
descriptions of the following:
• Water System History
• Existing Service Area
• Existing Conservation Measures and Policies
• Regional Considerations
• Land Use
• Population
Task Element 2: Existing System
The objective of Task Element 2 is to describe the major components of the existing water
and irrigation systems and how these components interrelate. Included will be descriptions
of each pressure zone and the physical facilities within each pressure zone. Also included
6
will be an assessment of how well each of the facilities is operating.
Task Element 3: Water Requirements
The objective of Task Element 3 is to summarize the water requirements for the water and
irrigation systems. Included will be summaries of the following:
• Amount of water supplied
• Amount of water used
• Amount of unaccounted water
• Amount of potable water needed based on a comparison of the per capita
water use with other comparable water systems
• Amount of irrigation water needed based on what is recommended in the
Washington State Irrigation Guide.
• Evaluation of the water needed versus the water used and supplied
• Evaluation of the need for water conservation
Task Element 4: Internal Study Criteria and Standards
The objective of Task Element 4 is to establish the criteria and standards that will be used
in selecting and evaluating water conservation measures. Recommendations and
requirements of the Interim Guidelines for moderate sized systems will be addressed.
CH2M HILL will work with the City to establish the criteria and standards.
Task Element 5: Evaluation of Opportunities for Water Conservation
The objective of Task Element 5 is to identify and evaluate opportunities for water
conservation. Our approach is to estimate the cost, effectiveness, advantages and
disadvantages of potential water conservation measures. We will also identify how the
conservation measures will monitored.
It is presumed that water rates are a potential conservation measure. CH2M HILL will
address the effects that alternative rate structures and rate levels can have on the demand
for water.
It is also presumed that repairing or abandoning the irrigation system are potential
conservation measures. CH2M HILL will address the effects of these two measures.
CH2M HILL will evaluate the potential for reuse of the City's wastewater to reduce
demand on the potable water and irrigation systems.
7
Task Element 6: Water Conservation Recommendations
The objective of Task Element 6 is to summarize the water conservation measures selected
by the City. This task will include a workshop with the City to present the conservation
measures evaluated in Task Element 5. Final selection of the alternatives that are to be
implemented will be made by the City. Following the selection, the alternatives will be
summarized in the plan.
Task Element 7: Conservation Plan Finances
The objective of Task Element 7 is to develop a financial program that describes how each
selected water conservation measure will be financed. The program will include internal as
well as external funding sources, such as Jay Inslee's Yakima River Enhancement Bill.
Task 3
Digital Orthophotography
The objective of this task is to develop surveyed control, digital terrain modeling, and
digital orthophotos in support of the City of Yakima's Water Comprehensive Plan and
structured digital mapping program for the urban area surrounding the Yakima City Limits.
Task Element 1: Surveyed Control Monuments
Produce surveyed control monuments distributed throughout the urban area (covering
approximately 41 square miles) to control immediate and future mapping needs,
CH2M HILL will provide:
• A GPS consultant and three Surveyor Grade GPS receivers for the photo
control survey.
• A GPS/photo control technician to help the City survey crew establish
targeted control points and to help train (2 days) City crew members on GPS
receiver operation.
• Network pre -planning and post processing of collected GPS data.
• Coordinate listings for approximately 90 horizontal and vertical control
points coordinated by global positioning system (GPS) survey methods. The
control will be based on the Yakima County GPS control network.
Coordinates will be reported in the NAD -83 (1991) horizontal datum and
NGVD-29 vertical datum.
The City will provide 3 survey crew members (with survey experience) to target control
8
points and to operate the GPS receivers during data collection.
Task Element 2: Aerial Mapping Photography
Provide precision aerial mapping photography covering approximately 56 square miles.
CH2M HILL will produce:
• Vertical black and white mapping photography covering the 56 square mile
extended area of interest using a precision aerial mapping camera having a
current USGS camera calibration certificate.
Task Element 3: Digital Orthophotography
The digital orthophoto files will be based on a 30 -inch by 30 -inch quarter section sheet
layout. Orthophoto rectification for relief image displacement will be accomplished using
digital terrain modeling.
CH2M HILL will:
• Provide a base sheet/file layout on the quarter section breakdown provided
by the City.
• Deliver approximately 95 to 100, digital orthophoto files in a TIFF raster
file format compatible with ARC/INFO Version 6.1.
• Generate raster file images for 1 -inch = 100 -feet final plot scale and a 6 -
inch pixel resolution.
The City of Yakima will deliver an ARC/INFO coverage with the appropriate quarter
section breakdown.
Task Element 4: Digital Terrain Modeling
The digital terrain model(s) will cover the same area as the 95 to 100 digital orthophoto
files.
CH2M HILL will:
• Provide digital terrain modeling for generating 1 -inch = 100 -feet, 2 -feet
contour interval mapping.
• Deliver the digital terrain models in ARC/INFO TIN module format.
9
Task Element 5: Hardcopy Mylar Orthophoto Contour Sheets
The digital orthophoto contour files will be plotted on mylar based on a 30 -inch by 30 -inch
quarter section sheet layout covering 95 to 100 quarter section sheets (approximately 25
square miles).
CH2M HILL will deliver 1 -inch = 100 feet, 2 feet contour interval, mylar orthophoto
contour sheets.
Task Element 6: Additional Modelling, Orthophotography and Plotting
The purpose of this task is to provide services defined in Task Elements 3, 4 and 5 for the
remaining 30 square miles mapped in Task Element 2 but not included in Task Elements 3,
4 and 5.
CH2M HILL will complete the digital terrain modelling, orthophotography and plotting as
defined above for an additional approximate 62 sheets.
This task will not be started until authorized by the City and additional fee negotiated.
10
Table A - Exhibit A
Task One - Water Comprehensive Plan
Element
Task Description
Hours
Cost
1
System Planning Considerations
260
$27,645
2
Existing System
30
$2,285
3
Water Requirements
99
$9,367
4
Internal Criteria and Standards
68
$6,626
5
Existing Supply
455
$43,981
6
Future Supply
172
$20,506
7
Distribution Storage Analysis
22
$1,714
8
Distribution System Evaluation
738
$74,139
9
Operations Analysis
177
$13,937
10
Capital Improvements Recommendations
380
$31,072
11
Water System Finances
249
$18,392
12
Final Review and Production
258
$16,336
Task Two - Conservation Plan
1
Summarize Existing Conservation Measures
37
$3,270
2
Evaluate Conservation Needs
148
$13,080
3
Establish Criteria
111
$9,810
4
Identify and Evaluate Alternatives
208
$18,312
5
Conservation Plan Finances
237
$20,928
Task Three - Orthophotography
1
Surveyed Control Monuments
214
$24,500
2
Aerial Mapping Photography
97
$11,100
3&4
Digital Orthophotography and Terrain Modelling
1104
$126,200
5
Hardcopy Mylar Orthophoto Contour Sheets
153
$17,500
. . . -
EXHIBIT B
CITY OF YAKIMA
WATER COMPREHENSIVE PLAN, CONSERVATION PLAN
and ORTHOPHOTOGRAPHY
Expenses
Description
Task 1
Task 2
Task 3
Computer
$6,065
$1,900
H&S Program
$2,415
Comm Charge
$3,163
$536
Auto Mileage
$800
Meals
$250
Lodging
$750
Travel Allow
$800
Misc-Other
$18,250
$1,050
Equipment
$620
Oth-Subcontr
$1,600
OrthoPhoto
$53,790
Totals
$34,713
$3,486
$53,790
EXHIBIT C
CITY OF YAKIMA
WATER COMPREHENSIVE PLAN, CONSERVATION PLAN
and ORTHOPHOTOGRAPHY
Hourly Rates
Personnel Grade
Hourly Rate
Professional:
E7
$60.00
E6
$55.36
E5
$44.39
E4
$42.24
E3
$31.90
E2
$31.45
El
$28.96
Technical:
T5
$37.19
T4
$31.44
T3
$27.22
T2
$23.00
T1
$20.32
TA
$15.33
Support Staff:
0
$18.40