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HomeMy WebLinkAboutR-2002-109 Washington State Department of Fish & Wildlife Intergovernmental Agreement (re: Naches River fish screens)RESOLUTION NO. R 2002 - 109 A RESOLUTION authorizing and directing the City Manager to execute an intergovernmental agreement with the Washington State Department of Fish and Wildlife for the fabrication and installation of fish screens at the City of Yakima water treatment plant located on the Naches River. WHEREAS, the City of Yakima requires fish screens for its water treatment plant located on the Naches River; and WHEREAS, the City does not have personnel with the experience and expertise to fabricate and install said fish screens; and WHEREAS, Washington State Department of Fish and Wildlife has the experience and expertise to fabricate and install said fish screens, and is willing to do so in accordance with the terms and conditions of the attached intergovernmental agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of an intergovernmental agreement between the City of Yakima and the Washington State Department of Fish and Wildlife for the fabrication and installation of fish screens at the City of Yakima water treatment plant located on the Naches River, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated intergovernmental agreement between the City of Yakima and the Washington State Department of Fish and Wildlife for the fabrication and installation of fish screens at the City of Yakima water treatment plant located on the Naches River. ADOPTED BY THE CITY COUNCIL this 20th day of August 2002. ATTEST: City Clerk ry Place, Mayor WDFW Agreement 36022590 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON DEPARTMENTOF FISH AND WILDLIFE AND THE CITY OF YAKIMA This Interagency Agreement (hereinafter "Agreement") is made and entered into by and between the Washington Department of Fish and Wildlife, 600 Capitol Way N. Olympia, WA 98501-1091 (hereinafter referred to as "WDFW" or the department), and the City of Yakima, 2301 Fruitvale Blvd. Yakima, WA 98902 (hereinafter referred to as the "City"). PURPOSE It is the purpose of this Agreement to provide fabrication and installation of City of Yakima Raw Water Intake Project Fish Screens. THEREFORE, IT IS MUTUALLY AGREED THAT: 1. STATEMENT OF WORK. WDFW shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of work set forth in Attachment "A" attached hereto and incorporated herein by this reference. 2. PERIOD OF PERFORMANCE. Subject to its other provisions, the period of performance of this Agreement shall commence upon date of signed completion of contract with City of Yakima, and be completed on December 31, 2003, unless terminated sooner as provided herein. 3. PAYMENT. Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed Two Hundred Seventy Three Thousand Eight Hundred and Ninety Three Dollars ($273,893.00). Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for services shall be in accordance with the budget set forth in Attachment "B," which is attached hereto and incorporated herein by this reference. 1 4. BILLING PROCEDURES. WDFW shall submit invoices monthly to the City. Payment to WDFW for approved and completed work will be made by warrant or account transfer by the City within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 5. RESOLUTION OF INCONSISTENT TERMS. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, regulation or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes, regulations and rules; b. Statement of Work; and c. Any other provisions of the Agreement, including materials incorporated by reference. 6. RECORDS MAINTENANCE. The parties to this contract shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access to and the right to examine any of these materials during this period. 7. INDEPENDENT CAPACITY. The City and WDFW understand and expressly agree that WDFW is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of WDFW shall act on behalf of or represent him or herself as an agent or representative of the City. WDFW, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services and work required under this Agreement. WDFW and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between WDFW and the City. 8. COMPLIANCE WITH LAW. WDFW agrees to perform services and work required under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 2 9. NO INSURANCE PROVIDED BY THE CITY. It is understood the City does not maintain liability insurance for WDFW, its officials, officers, employees and agents. 10. HOLD HARMLESS AND INDEMNIFICATION. a. WDFW agrees to hold harmless, indemnify, and defend Yakima, its officers, elected officials, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of WDFW, its officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. b. Yakima agrees to hold harmless, indemnify, and defend WDFW, its officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of Yakima, its officers, elected officials, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that the officials, officers, agents, and/or employees of both WDFW and Yakima are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. e. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 11. ASSIGNMENT. The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 12. WAIVER. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 13. SEVERABILITY. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements 3 of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 14. ALL WRITINGS CONTAINED HEREIN. This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 15. AGREEMENT ALTERATIONS AND AMENDMENTS. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 16. DRAFTING OF THIS AGREEMENT. Both the City and WDFW have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities in the contract language shall be construed against the drafter of the contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 17. TERMINATION FOR CONVENIENCE. Either party may terminate this Agreement without cause and for convenience upon 30 days prior written notification to the other party. If this Agreement is so terminated, the terminating party shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement rendered prior to the effective date of termination. 18. TERMINATION FOR CAUSE. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 19. CONTRACT MANAGEMENT. The Project Coordinator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. 4 The:p oi&„, anag0 -for,;t e.Co'ntractor is Ti0. Pro1ect,M4,0ge foc:WD>F W as David Brown City of Yakima Water/Irrigation Division 2301 Fruitvale Blvd. Yakima, WA 98902 Phone: (509) 575-6204 Department of Fish and Wildlife Yakima Screen Shop Chuck Lenberg 3705 West Washington Avenue , Yakima, WA 98903-1137 Phone: (509) 575-2733 20. GOVERNANCE. This contract is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. 21. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 22. FILING OF THIS AGREEMENT. A copy of this Agreement shall be filed by the City with the Yakima County Auditor's Office pursuant to RCW 39.34.040. CITY OF YAKIMA By: Richard A. Zais, Jr Date: City Manager WASHINGTON DEPARTMENT OF FISH AND WILDLIFE By: William C. Brooks Contracts Officer Date: SEP 0 u 2002 PROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL ATTEST ;' . ""� ” i I'j 4<vb2-1-‘: Karen Roberts City Clerk Date: _A--. 9 .cD_..00 -- cm ars r ,,,OC: V mourn= act ..4.--1120,2.-1Z29 5 STATEMENT of WORK PROJECT DESCRIPTION Attachment "A" The site is located on the Naches River, a right bank tributary to the Yakima River, about seven miles upstream from the City of Yakima and about two miles downstream from the Town of Naches. The site is situated directly between the left bank of the Naches River (looking downstream) and the eastbound lanes of U.S. Highway 12. The WDFW Yakima Screen Shop will fabricate and install from prints supplied by Carollo Engineers and FishPro, which have been approved by the City of Yakima. 1) Screen Face Seats consisting of five fabricated frames from Y2 inch by 5 inch flat plate stainless steel approximately 11 feet long by 4 feet tall for embedment in concrete (attached drawing No. SS -2). 2) New fish screens consisting of five Stainless Steel flat panel wedge -wire screens, each approximately 10 ft. wide by approximately 3 ft. high, with a total gross screen area of 150 square feet (attached drawing No. SS -3). 3) Air burst manifolds consisting of five stainless steel pipe air manifold assemblies including support beams (attached drawing No. SS -4), side mounting plates (attached drawing No. SS -2 Section D -D), and 1/2 inch stainless steel bend /flash plate (attached drawing No. SS -2 Section CC). 4) Flow control baffles consisting of five stainless steel frames approximately 10 ft. 9 in. long by 3 ft. 10 in. tall with 18 adjustable baffle vanes evenly distributed across the frame. 5) Fish barrier, design to be supplied by Carollo Engineers/FishPro PROPOSED TIMELINE Work shall commence upon date of signed completion of contract with City of Yakima, through December 31, 2003 Task 1. Order fabrication and construction materials — upon date of signed completion of contract with City of Yakima through September 30, 2002 Task 2. Fabrication of project description items 1 through 5 — September 16, 2002 (contingent upon task 1) through August 31, 2003 Task 3. Installation of the new fish screening components — dependent upon completion of contracted fish screen structure, estimated to be September -October, 2003 Note: Due to unforeseen circumstances (permitting delays, severe weather, etc.), portions of the proposed timelines may be extended. Attachment "B" Yakima City Intake Screening Cost Estimations 8/7/02 Rev 1 Item Qty Unit Unit Cost Amount Total Face Seats 5 ea $1,546 $6,184 $7,730 Screens 5 ea $4,672 $18,668 $23,360 Manifolds 5 ea $6,584 $26,336 $32,920 Manifold Side Mntg Plates 5 ea $1,144 $4,576 $5,720 Flash Plates 5 ea $1,960 $7,840 $9,800 Baffles 5 ea $9,272 $37,088 $46,360 Allowance For Fish Barrier (No design, gross estimate) $25,000 Installation 1 ea $31,250 Sub Total: $182,140 Agency Over Head @ 20.3% $36,974 Sub Total: $219,114 Contingency @ 25% $54,779 TOTAL ESTIMATED COSTS: $273,893 Note: Estimates compiled by WDFW, YSS and Fish Pro. 35 cfs @ $273,893 = $7825/cfs (see attached YSS cost/cfs spread sheet) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -if For Meeting Of August 20, 2002 ITEM TITLE: Fish Screen Fabrication and Installation of the New Water Treatment Plant Intake Fish Screen Project SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager Dave Brown, Water/Irrigation Engineer Glenn Rice, Assistant City Manager 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 Interagency Agreement with Washington Department of Fish and Wildlife (WDFW) of Olympia, Washington for fabrication and installation of the new water treatment plant intake fish screen. This agreement requires WDFW to fabricate the Water Treatment Plant intake fish screen and to install the fish screen. Due to the Endangered Species Act (ESA) listing of several fish species a fish screen must be installed at the intake structure. New screens will ensure compliance with all ESA requirements and approval from all state and federal agencies. Financial support for the fabrication and installation of the fish screen will be from appropriations approved by Council in the 477 Fund and supplemented by Grants from Bonneville Power Administration (BPA) and from the Salmon Recovery Funding Board (SRFB), not to exceed cost of $273,893.00. Resolution X Ordinance Other (Specify) Contract X Mail to: Washington Dept. of Fish and Wildlife; 600 Capital Way N.; Olympia, WA 98501-1091 Funding Source 477 Fund — Capital Improvem s (BP SRFB Grant) A APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-109