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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 WTRIRG95 i 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, WTRIRG95 ii 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 WTRIRG95 iii 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. WTRIRG95 iv 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 WTRIRG95 v 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 WTRIRG95 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 WTRIRG95 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. WTRIRG95 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. WTRIRG95 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.