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.
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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.
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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
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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.
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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:
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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