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.
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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
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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
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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.
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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
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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
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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
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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: