HomeMy WebLinkAboutR-1996-032 Water-Irrigation RehabRESOLUTION NO. R - 96 - 32
A RESOLUTION authorizing execution of a contract for engineering services with
CH2M-Heil
WHEREAS, the City of Yakima has need for consulting engineering services necessary
to produce the Update Cost of Rehabiltation Study; and
WHEREAS, the City does not possess adequate in-house engineering staff to perform
the necessary work involved in the development of said study; and
WHEREAS, the City of Yakima has complied with the provisions of RCW 39.80 which
concerns the 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 produce the Updated Costs
of Rehabilitation Study for the Irrigation Systems now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk, and the Assistant City Manager are hereby authorized
and directed to execute the attached and incorporated "Agreement" together with its
attachments. including Task Orders 1 through 4.
ADOPTED BY THE CITY COUNCIL this 19th day of March, 1996
Mayor
ATTEST.
Karen Roberts, City Clerk
AGREEMENT
This Agreement, made and entered into this 8t -h day of April , 1996 , by and
between the City of Yakima, Washington, hereinafter called the "CITY", and CH2M-Hill, Consulting
Engineers, hereinafter called "ENGINEER", is for the provision by the Engineer to the City,
professional services in support of the City's Updated Cost for Irrigation System Rehabilitation Study.
In consideration of the covenants and agreements contained herein, and the terms and conditions
hereof, the parties agree as follows:
the Engineer shall provide services to develop updated cost data relating to the possible
rehabilitation of the irrigation systems operated by the City of Yakima, provide assistance
with Council/Citizens reviews, preparation of a final report for the irrigation system
rehabilitation costs, said study to assist the City in making financial determinations relating
to rehabilitation of the irrigation systems, and additionally assist the City in identifying
potential sources of funding for rehabilitation programs.
1. SERVICES Engineer shall provide the City, professional consulting engineering services
through a series of task orders as provided in Section 2, below. The professional services to which
the parties may agree by task orders may include, but are not limited to those listed in Exhibit A,
attached hereto and by this reference incorporated herein.
2. TASK ORDERS Prior to commencement of any services, the City and Engineer shall
mutually agree upon and execute a task order for the specified services. The task order shall
describe the services to be provided, the time for performance of the service, the provisions for fees
for the services, and any provisions additional to this agreement. Execution of this Agreement and
Task Order No., 1 by the City and the Engineer authorizes the Engineer to proceed with the services
described in Task Order No., 1. Execution of each subsequent task order shall incorporate each
subsequent task order into this agreement. The execution of this agreement does not obligate either
of the parties hereto to provide or accept any services unless and until the parties have mutually
agreed upon and executed a specific task order for such services.
3. TIME PERIOD FOR PERFORMANCE OF SERVICES The Engineer shall commence such
services as are described on executed task orders in accordance with the time schedule set forth
herein, and shall proceed with the provision of such services in a diligent manner. The Engineer shall
not be responsible for delays caused by factors beyond the Engineer's control or which could not
reasonably have been foreseen by the parties at the time the task order was executed. The
anticipated schedule for completion of the project is shown as Exhibit B.
4. PAYMENT TO ENGINEER
A. Fees for Services. For each specified task order executed by the parties, the payment to be
made to the Engineer for services performed shall be either (1) a fixed fee amount, or (2) pay
the Engineer utilizing the hourly rate and expense schedule, "Fee Schedule", attached hereto
as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to
revision by the Engineer not sooner than one year after the execution of this agreement, and
no more that once each year thereafter. Under the fee schedule method, the parties shall
agree on an amount which represents the maximum fee to which Engineer shall be entitled
under that task order. That amount shall represent the best estimate of the parties of the
maximum cost of the Engineer's services specified in that task order. In the event the cost
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of services will exceed that estimate, the Engineer shall advise the City in advance, and in
writing of such excess costs and shall provide no services in excess of the original estimated
costs, without written approval of the City.
B. Estimated Fees. The estimated fees for anticipated task orders are shown in Exhibit A.
C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or estimate of
fee specified in any task order if the scope of services as specified in the task order is
modified by the City or by others or by conditions beyond the control of the parties hereto,
whereupon additional expenses shall be incurred by the Engineer. The City and the Engineer
shall agree to such a change in fee and services in writing prior to the Engineer's provision
of such modified or changed services.
D. Time of Payments. Engineer shall periodically submit invoices for the un -billed portion of the
services completed to that date. City agrees to pay the invoiced amounts within 30 days from
the date of receipt of the invoice.
E. Payment in the Event of Termination. In the event of termination of this Agreement, Engineer
shall be compensated for services performed under this Agreement to the date of termination
in accordance with the terms above.
F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all
other project fees normally paid by the City for public works projects.
5. STANDARD OF PERFORMANCE Engineer shall perform his services in accordance with
generally accepted engineering and consulting standards and shall be responsible for the technical
soundness and accuracy of all work and services furnished pursuant to this Agreement. The work
performed under this agreement for professional services shall be done under the direct supervision
of Richard V. Haapala who will serve as Project Manager. It is agreed that other staff members may
perform tasks under Mr. Haapala's direction. However, should Mr. Richard V. Haapala be unavailable
to serve as Project Manager, this agreement will be subject to immediate termination.
6. TERMINATION Either party may terminate this Agreement at any time upon 30 days written
notice to the other party.
7. OPINIONS OF COST Engineer has no control over the cost of labor, materials, equipment,
or services provided by parties other than Engineer and its subcontractors. Engineer has no control
over contractor's methods of determining prices, or other competitive bidding conditions or market
conditions, and its opinions of probable project or construction costs are to be made on the basis
of its experience with the construction industry. However, Engineer cannot and does not guarantee
that proposals, bids, or actual project or construction costs will not vary from the opinions of probable
costs prepared by the Engineer.
8. CONSTRUCTION AND SAFETY Engineer shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by contractors or the safety
precautions and programs and programs incident to the work of contractors.
9. OWNERSHIP OF DOCUMENTS The originals of all documents, including drawings and
specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer
shall provide the City with reproducible and/or non -reproducible copies of the documents, drawings,
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and specifications, and other work products as specified in each task order. It may further be
required that the engineer provided additional copies on computer media of all documents, drawings,
and specifications, and other work products as specified in each task order. Such documents,
drawings, and specifications are not intended or represented by the Engineer to be suitable for reuse
by the City or others on extensions of the services provided for the intended project or on any other
project. Any reuse without the written verification or adaptation by the Engineer will be at the City's
sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold
harmless the Engineer from all loses, claims, damages, and expenses, including attomey's fees
arising out of or resulting therefrom. Any such verifications or adaptations by the Engineer will entitle
the Engineer to further compensation at rates agreed to by the parties.
Engineer shall provide a reproducible copy of the final record drawings showing the construction
project measurements when authorized to do so by task order.
10. DESIGN INTENT Engineer shall prepare design documents, drawings, and specifications
with the understanding that he may be observing the quality and progress of resulting construction,
for compliance with the intent design, and furthermore that such observation of any construction will
be compensated by the City at the rates agreed upon by the parties hereto.
11. INDEMNITY The Engineer shall defend, indemnify, and hold harmless City from any and all
claims or liabilities, including attorneys fees, arising out of Engineer's negligent performance of this
Agreement.
Engineer shall comply with all federal government, state and local laws and ordinances
applicable to the work to be performed under this Agreement.
Prior to beginning work under this Agreement, Engineer shall provide "Certificates of
Insurance" as evidence that policies providing the following coverage and limits of insurance
are in full force and effect.
A. General Comprehensive Liability
With respect to liability for injuries to or death of persons and with respect to liability
for destruction of or damages to property, the insurance coverage shall be $500,000
combined single limit and such coverage shall include the special provisions listed
below:
1. The City, its officers, employees, and agents shall be named as an additional
insured and the coverage shall be applicable to and protect the City, its officers,
employees, and agents from liability arising from or relating to Engineer's activities
relating to this Agreement. Such insurance shall be primary and other insurance
maintained or carried by the City shall be separate and distinct and shall nor be
contributing with the insurance listed hereunder.
2. Such insurance shall not include explosion, collapse, or underground
exclusions commonly referred to as the "XCU" hazards.
B. Automobile Comprehensive Liability
With respect to liability for injury to or death of persons and with respect to liability for
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destruction of or damage to property, the City, its officers, employees, and agents
shall be named insured and the insurance coverage shall be $500,000 combined
single limit. 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.
Failure of either or all of the named insured to report a claim under such insurance shall not
prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers,
employees, and agents will have no obligation for the payment of premiums because of its being
named as insured under such insurance.
Prior to beginning work for property acquisition, development of contract plans and specifications,
and construction management, the Engineer or its subcontractors shall provide evidence of errors
and omissions coverage for a minimum of $250,000.
City shall defend, indemnify and hold Engineer harmless from all claims or liabilities, including
attomey's fees, arising out of City's negligent acts.
12. ATTORNEY'S FEES In the event suit or legal action is instituted to enforce any of the terms
or conditions of this Agreement, venue shall be in Superior Court for Yakima County. The losing
party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute,
such sum as the court may judge reasonable as attomey's fees in such suit or action, in both trial
and appellate courts.
13. ADDITIONAL SERVICES At the City's option and direction, Engineer shall provide additional
engineering, observation, and/or planning services as authorized by mutually agreed task orders.
14. INDEPENDENT CONTRACTOR The parties intend that Consultant at all times be an
independent contractor and not an employee of the City, and shall not be entitled to compensation
or benefit of any kind except as specifically provided for herein.
15. GOVERNING LAWS This Agreement is govemed by the laws of the State of Washington.
16. COMPLETE AGREEMENT
This agreement and referenced attachments contains the complete and integrated understanding
and agreement between the parties and supersedes any understanding, agreement or negotiation
whether oral or written not set forth herein. Amendments, changes, or modifications hereto shall not
be valid unless in writing and duly executed by both parties.
17. NO THIRD PARTY BENEFICIARIES OTHER THAN THE STATE OF WASHINGTON The
agreement gives no rights to anyone other than the City , Engineer, and the State of Washington,
and has no other third -party beneficiaries.
18. ASSIGNMENT Neither party to this Agreement shall assign the Agreement, nor any interest
arising herein, without the written consent of the other. The Engineer, with the City's consent, shall
be authorized to employ or subcontract with any other party or entity it deems necessary for the
performance of any of the services to be provided by the Engineer pursuant to the terms of this
Agreement.
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19. SEVERABILITY OF AGREEMENT In the event any of the terms or clauses of this
Agreement is held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and
terms shall continue in full force and effect and shall be enforceable.
20. MINORITY- AND WOMAN -OWNED BUSINESS: CITY -SPECIFIED SUBCONTRACTORS
Engineer will comply with the City's directives in utilizing the services of City -specified subcontractors
and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet
said directives will be subject to approval by the City.
Engineer's liability arising from the work of said subcontractors or businesses is limited to proceeds
available from their insurance.
CH2M it CFT(OF YAKIMA
By:
WITNESSES:
By:
Richard A. Zais,
City Manager
ATTEST:
Karen S. Roberts
City Clerk
9 3
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EXHIBIT A
TASK ORDER(S) & ESTIMATED FEES
Task Order No 1: Field Investigations and System Documentation
This task will consist of meeting with City staff to discuss major known changes in the systems since
the last factual investigation undertaken in the 1980's, visit portions of the systems for a thorough
investigation of all known deficiencies relating to known problems, and to collect all available
background data from the City, including such items as, but not limited to correspondences,
drawings, and all other design information.
Attend initial scoping meeting with Glenn Rice and Irrigation Division Staff, immediately after Council
approval of this contract.
Initiate Field review immediately after initial scoping meeting, and prior to any water being brought
into the irrigation systems. Work closely with irrigation division personnel during system start-up in
early April 1996.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B of
this Agreement.
Task Order No. 1: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E. Date
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Task Order No 2: Cost Estimates
Utilizing data prior to and during .gam system s art -up, and knowledge gleaned for City
staff, prepare preliminary cost estimates_
Time allocated to accomplish this task shall be in accord the time Zine set forth in Exhibit B of
this Agreement
Task Order No. 2: Authorization to Proceed
City of Yakima
By: Glenn Rice, Assistant City Manager
Engineer
Date
By: Richard V. Haapala, P.E. Date
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Task Or der No 3: Report and Meetings
Ch2M Hill will set aside 6 man days of professional effort to prepare the report of finding, and
another 2-3 man days for participation in various meeting, on an as needed basis.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B
of this Agreement.
Task Order No. 3: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E.
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Task Order No 4: Funding Investigations
Ch2M hili will make the necessary contacts with agencies to conduct a limited investigation of
possible sources of funding.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit 13
of this Agreement.
Task Order No. 4: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager
Engineer
By: Richard V. Haapala, P.E.
Date
ESTIMATED MAXIMUM FEES FOR TASK ORDERS
Task
1. Investigation & Documentation
2. Cost Estimates
3. Report and Meetings
4. Funding Investigations
Estimated Costs
$ 30,000.00
2,000.00
8,000.00
2,000.00
Total of All Tasks $ 42,000.00
The fees listed above, are "estimated" and are the best estimates of the parties at the time this
agreement was executed. The fees to be paid the Engineer are dependent upon actual time
required to accomplish each task. For this reason, the estimates listed above are subject to
change and should only be used for general planning purposes. However, the maximum
estimated cost per task, and the total maximum will not be exceeded without prior written
approval of the City.
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EXHIBIT B
PROPOSED SCHEDULE -- Tasks #1 Th 'u #4
(Supplied by Engineer at time of execution of this Agreement)
TASK SCHEDULE
YAKIMA IRRIGATION SYSTEM EVALUATION
,D
Task Name
Start
ch A ril Ma June
3/17 3124 ( 3131 46 4/14 4121 4/28 s 5/12 5119 5/26 612 6/9 6/16 6/23 6/30 717 f 7/28
2
3/18/96
k3
Project Kick-off Meeting
3
Initial Field Review
3/18196
. '8";:p ,.: ;,:3 ,R.
4
3
Irrigation System Start -Up
411;96
1
I;
,
6
7
Task 1 Field Investigation
5113/96
�E, se;„ a P22 S
+ 5/20
•
Otag�i��E>i:' ,. •1•''n3S?i:£
+ 6/14
";�r
DB
7/12
8
9
Task 2 Cost Estimates
7/19/96
3/18196
1
Task 3 Report & Meetings
2
Meeting 1 w/City
5126/96
3
Meeting 2 w/City
6/14;96
4
5
Meeting a w/City
Finai Reporl— ---_—
7/12/96
-_ 7/24/96
eft;gc
6
Public Meeting
8/296
7
8
Task 4 Eigkling Investig.
7/19/96
EXHIBIT C
FEE SCHEDULE
Fees for services shall estimated based on the rate schedule set forth below. Rates
shown include salary costs, overhead costs, profit. All rates shown are on a per hour
basis.
Project Manager
Senior Surveyor
Senior Design Engineer
Engineer/Ei T *
CAD Drafting*
Engineering Tech*
Clerical Staff*
Reimbursable Expenses**
Task No. 1
Task No. 2
Task No. 3
Task No. 4
Labor
$ 118.00
81.00
79.00
63.00
60.00
48.00
41.60
Expenses
$ 30, 000.00
2,000.00
8,000.00
2,000.00
* Estimated average hourly rate for this employee category. Where individual wage rates
vary from the average hourly rate listed above, the actual amount charged will be the
employees actual wage rate times 3.2 which amount shall include salary costs,
overhead cost and profit. Any employee category not listed will also be charged at their
respective wage rate times 3.2 .
**
Reimbursable expenses include travel expenses if required, computer-aided drafting
equipment costs, expenses of additional insurance, including professional liability
insurance, required by the City in excess of that normally carried by Engineer and
Engineers subcontractors, and other costs necessary to complete the project, but not list
herein.