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HomeMy WebLinkAboutR-1997-100 Wright Avenue Well Testing ContractRESOLUTION NO. R- 97-1 9 0 A RESOLUTION authorizing execution of a contract with Golder Associates for testing of the Wright Avenue Well WHEREAS, the City of Yakima has need for consulting services related to the flow testing of the Wright Avenue Well; and WHEREAS, the City does not possess adequate in-house staff to perform the necessary work involved in the flow testing and the analysis of the data; 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 enter into a contract with Golder Associates, for the flow testing and analysis of the data relating to the Wright Avenue Well Refurbishment 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 "Consulting Agreement" together with its attachments, including Task Order 1. ADOPTED BY THE CITY COUNCIL this 5th day of August, 1997. ATTEST: /t �' 51_1/ f J j� 0- .42,k/t)C-vvic- Karen Roberts, City Clerk, nn Buchanan, Mayor AGREEMENT This Agreement, made and entered into this day of zL f , 199'7 , by and between the City of Yakima, Washington, hereinafter o'ailed the "CITY", and Golder Associates, Inc., Consulting Engineers, hereinafter called "ENGINEER", is for the provision by the Engineer to the City, professional services related to pump testing and video logging of the Wright Avenue Well. 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 associated with the pump testing and video logging of the Wright Avenue Well including field work, evaluations of well drawdown data, and preparation of a letter report. A contractor will be independently hired by the City to install, maintain, and operate a temporary pumping equipment system for testing. 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 Page 1 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 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. 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 Page 2 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 copies of the documents, drawings, 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 attorney'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. Page 3 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 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 attorney'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 attorney's fees in such suit or action, in both trial and appellate courts. Page 4 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 governed 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. 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. Page 5 Golder Associates Inc. By Kent M. Angelos KIMA By: LN0 Richard A. Zais, Jr. City Manager WITNESSES: ATTEST: Karen S Roberts City Clerk 7— g cmf GOK PO' . ra.:',8atrilON HO: Ci 7 -100 Page 6 . • Yl. t vr.. " ./ `tillING1_4,,N ' - (Imago o' EXHIBIT A TASK ORDER(S) & ESTIMATED FEES TASK 1 1.1 Video Log Engineer will provide all labor, materials, and equipment to obtain a color video log of the Wright Avenue Well. The video log shall show the inside of the well casing and in particular screened intervals, shall be annotated with the depth from top of casing, and shall be taken in forward and reverse directions over the total depth of the well. Engineer shall examine the video log and provide a written log of the observations. One copy of the video log shall be provided to the City. ASSUMPTIONS City staff shall meet the Engineer at the well and remove/install the well cap, as needed, to obtain the video log. 1.2 Well Pumping Test Engineer will furnish and install a temporary computerized water level monitoring instrument to obtain water level data during step pump testing and constant rate pump testing. The instrument shall remain the property of the Engineer and shall be removed from the well after testing is completed. Engineer shall examine the pumping test drawdown data using well hydraulics and plotting methods Engineer shall evaluate well performance, well yield, and aquifer yield potential based on the drawdown data and analysis methods. Engineer shall provide City with a report displaying the well drawdown data and documenting the work completed. Two copies of the report shall be provided. ASSUMPTIONS The City shall hire an independent Contractor to furnish, install, and operate a temporary pumping system for testing purposes. City staff or the City's Contractor hired to complete the pumping test shall record flow rate and depth to water periodically during the tests. During the step pumping test, flow rate shall be legibly recorded in a table every 10 minutes. During the constant rate pumping test, flow rate shall be legibly recorded in a table each hour of pumping Manual water level measurements shall be taken each time a flow rate is recorded Flow rate and water level data shall be provided to Engineer. Upon completion of well testing, City staff shall remove the Engineer's water level instrumentation from the well, appropriately package the instrumentation, and ship the Page 7 instrumentation to Engineer. The instrumentation shall be insured for $4,000 due to Toss or damage during shipping. FEES The Engineer's fee estimate for Task 1 is presented in Table 1, appearing on the following page, and is considered part of Exhibit A. Page 8 Task Order No. 1: Authorization to Proceed. City of Yakima By: 'enn Rice, Assistant City Manager Engineer Page ix -75- �7 Date EXHIBIT B PROPOSED SCHEDULE (Supplied by Engineer at time of execution of this Agreement) Video Log The video log of the Wright Avenue Well can be obtained within 2 weeks after we are given notice to proceed. Well Pumping Test The well pumping test analysis and report can be completed within 2 weeks after the pumping test is completed. The City may specify the dates and times for pump testing and will provide Engineer with two weeks notice. Page x TABLE 1 LABOR AND COST BREAKDOWN ACTIVITY hourly rate: Task 1.1 Video Log Task 1.2 Well Pumping Test TOTAL LABOR (hours) Prin/Assoc $110 2 2 Senior Project Staff Tech $82 $65 $55 $45 2 8 Clerical $40 8 10 0 0 8 0 TOTAL LABOR $524 $876 $ 1,400 EXPENSES Field/Travel $55 $ 55 Comp/Equip $126 $124 $ 250 Supplies $40 $ 40 TOTAL EXPENSE $221 $124 • $ 345 TOTAL $745 $1,000 $ 1,745 db071697xls YakimaANright Well/WA P97-1910 EXHIBIT C PROFESSIONAL FEE RATE SCHEDULE FOR GOLDER ASSOCIATES INC. Invoices from Golder Associates Inc. are based on a multiplier times the hourly salary rate of persons spending time directly attributable to the project except for Principal and Associate level staff who are charged at standard hourly rates. The actual rate for individuals other than Principals and Associates varies depending upon actual salary and includes cost to cover payroll taxes, insurance incident to employment, holidays, sick leave, vacations, etc. Time spent in either local or inter -city travel, when travel is in the interest of the work, will be charged in accordance with the hourly charges for the professional involved. When traveling by public carrier, a maximum of eight hours per day will be made for travel. Invoices are submitted monthly with the net amount due within 30 days. For projects of duration less than 30 days, the invoice will be submitted with the delivery of the final engineering report. The typical range of rates for professional services by labor category are as follows: LABOR CATEGORY Principal Associate/Senior Project Manager Senior Engineer/Geologist/Hydrogeologist Project Engineer/Geologist/Hydrogeologist Staff Engineer/Geologist/Hydrogeologist Technician Drafter Clerical/Word Processor TYPICAL RATE* $145/hour $125/hour $70-$105/hour $60-$75hour $45-$60/hour $40-$55/hour $50-$65/hour $40-$50/hour * Hourly rates shown are typical rates per labor category. The actual rate for each professional will vary based on the actual salary rate of the particular individual except for Principals and Associates which are billed at the rate shown. COMPUTER CATEGORY** Hourly PC Computers CAD Computers $10.00 $20.00 ** The above rates include all necessary computer equipment, supplies, hardware, software and maintenance. Other direct costs, including materials, travel and subsistence, and subcontractor fees are managed by Golder Associates Inc. with a handling fee of 12%. Rev. 6/97 RATES Golder Associates RESOLUTION NO. R- 97-10 0 A RESOLUTION authorizing execution of a contract with Golder Associates for testing of the Wright Avenue Well WHEREAS, the City of Yakima has need for consulting services related to the flow testing of the Wright Avenue Well; and WHEREAS, the City does not possess adequate in-house staff to perform the necessary work involved in the flow testing and the analysis of the data; 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 enter into a contract with Golder Associates, for the flow testing and analysis of the data relating to the Wright Avenue Well Refurbishment 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 "Consulting Agreement" together with its attachments, including Task Order 1. ADOPTED BY THE CITY COUNCIL this 5th day of August, 1997. ATTEST: is/ KA5EN S. 1 aEl TS, CMC Karen Roberts, City Clerk SI LYNN K. Lynn Buchanan, Mayor Certified to be a true and correct cop of the original filed ' office.(/ I CLERK Deputy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Wright Avenue Well Testing Contract SUBMITTED BY: Dueane Calvin, Water/Irrigation Manage Dave Brown, Water/Irrigation Engineer Glenn Rice, Assistant City Manager Item No. 11 For Meeting Of 8/5/97 CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying contract with Golder Associates of Redmond, Washington for the testing of the Wright Avenue Well. This contract requires Golder Associates to conduct flow testing on the well to determine the maximum flow and to produce a video of the borehole. These test results will be analyzed to determine the scope of the Wright Avenue Well refurbishment. The financial support for this contract will be from approved appropriations in the 477 Fund. Resolution X Ordinance _Contract X Other (Specify) Contract Funding Source 477 Fund — Ctal Improvements APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for the testing of the Wright Avenue Well from Golder Associates of Redmond, WA. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: