HomeMy WebLinkAboutAspect Consulting - Sozo Sport Center Water Right Technical AssistanceAspect
'CONSULTING
Contract Order
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
SOQNo.
Contract No.: 1
Date: August 28, 2017
Client: City of Yakima
Project No.: 170446
Project Name: Sozo Sports Center Water Right Technical Assistance
Description of Work
Cost
Aspect Consulting, LLC (Aspect) understands
purchased approximately 40 acres from
3 and 4 of the Short Plat Recorded with
being a portion of Parcel Number 181334-34001.
acre-feet of water with this purchase from
to transfer a portion of it to the City's parcels
Aspect will provide technical assistance
this transfer under the following tasks
basis.
1. Due Diligence: In preparation
that the City of Yakima (City)
Cleat City (SOZO) identified as Lots
the County under File No. 7893928,
The City received 76.73
Certificate G4 -24528C and desires
for irrigation purpose.
under this scope of work to facilitate
on a time -and -materials, not -to -exceed
for administrative filings with Ecology
Conservancy Board (Board), Aspect
of water right records associated with
Public Disclosure request to the
of Ecology (Ecology) for water right,
Court documents. It appears
by Ecology since its issuance
likely be the central evidence in
the water right. Aspect will use
last 50 years to characterize the
review, we will prepare an email
and beneficial use findings. This
into the Report of Examination
of use.
the City only purchased a portion
to coordinate with Ecology to
right into an (A) and a (B)
the future transfer process and
in the water right. Aspect will
forms for review and filing by the
owners to which the larger water
to file the Administrative
We presume these will be forthcoming
obtain these prior to filing.
Time and Materials
Not to Exceed
Task 1: $3,000
Task 2: $1,200
and the Yakima County Water
complete a background review
G4 -25428C, including a formal
Washington State Department
topic files, and Ahtanum Adjudication
that G4 -25428C has not been evaluated
in 1977. Aerial photographs will
demonstrating beneficial use under
readily available photos over the
extent of irrigation. Following
summary of the permitting history
information will later be incorporated
(ROE) for transfer of the place
2. Administrative Division: Because
of the water right, Aspect proposes
administratively divide the water
certificated portions to streamline
clarify the new ownership interest
prepare administrative division
City. Signatures from the property
right is appurtenant will be required
Division Form with Ecology.
with little effort and the City will
350 Madison Avenue North Bainbridge Island, WA 98110 Tel: (206) 780-9370 Fax: (206) 780-9438 www.aspectconsulting.com
a limited liability company
Contract Order No. 1
Project No: 170446
However, if obtaining signatures becomes an issue, there are
exceptions under Ecology's signature policy that Aspect can assist
with under a separate scope.
3. Change Application Process: Aspect will file a change application
with the Board for transfer of the place of use, prepare a public notice,
prepare a draft ROE, incorporate City and Board comments, and
finalize the ROE for approval and transmittal to Ecology. The ROE
will include an evaluation of the extent and validity of the water right,
and the statutory tests for change, including impairment, public
interest, enlargement, beneficial use, and appropriate provisions.
Aspect presumes that the transfer is either exempt from SEPA or
covered in any SEPA completed for the SOZO Sports Center. Aspect
presumes no substantive comments will arise from the public or state
agencies during the notice and review process.
4. Required Meetings: Aspect will facilitate up to 5 total meetings under
this contract. It is anticipated that meetings with the Board (to file the
application, site visit, and review of ROE), Ecology (preapplication
meeting), and Water Transfer Working Group (WTWG) will be
required. During the preparation of this scope of work, we conducted
a preliminary review of online files related to Certificate G4 -25428C.
Of interest is a supplemental provision to Ahtanum Creek rights,
which may have bearing on the transferability of the water right. It
may be possible to transfer this right with this provision in effect, or to
remove the provision if Ahtanum Creek water is no longer utilized.
We plan to take this issue up with Ecology during the preapplication
meeting and define an appropriate approach for resolution of this
issue. If addressing this provision to Ecology's satisfaction requires
investigation of other water rights, transfer of those rights, or other
permitting strategies, Aspect will coordinate with the City on a change
order to appropriately scope this effort.
Task 3: $3,000
Task 4: $2,500
Total Authorization
$9,700
Page 2
Contract Order No. 1
Project No: 170446
This contract order incorporates the attached Terms and Conditions and Schedule of Charges. Except
as amended above, these terms, conditions, and rates apply to this contract order.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Signature
Printed Name: Cliff Moore
Title: City Manager
Date:
A �� G/
ttest � .�
4 1-
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Aspect Consulting, LLC
Printed Name: Daniel R. Haller, PE
Title: Principal Water Resources Engineer
Date: August 28, 2017
Sonya Clear Tee, City Clerk
CITY CONTRACT NO: 20/ 7-/ 527
RESOLUTION NO: %1 •
V:\170446 Yakima Sozo Water Rights \ Contracts \Proposal Material\CO1_Sozo Technical Assistance.docx
Page 3
Aspect Consulting, LLC
Terms and Conditions
1. RIGHT OF ENTRY AND PROPERTY RESPONSIBILITY
The Client will obtain right of entry to the property where the Services are to be performed ("Property"). The right of entry shall
allow Aspect and its subcontractors to enter the Property to perform the Services, which may require repeated visits to the
Property for on-site monitoring if included in the description of Services. Aspect is responsible for its own activities, but has no
responsibility for the Property, for third party safety precautions, or for the safety or control of third parties.
2. SUBSURFACE RISKS
Client recognizes special risks exist whenever professional consulting services are employed to determine subsurface water
resources at a site. Client shall disclose to Aspect all known conditions, substances, or features in writing or in maps, plans or
drawings. Even with adequate disclosure by Client, Client acknowledges that the use of exploration and testing equipment may
unavoidably damage or alter the Property surface or subsurface and Client accepts this risk. Client assumes responsibility for
claims and/or damages arising from changed or differing site conditions or to subsurface structures, including buried utility lines,
pipes, tanks, tunnels, or other conditions and agrees to hold harmless, defend and indemnify Aspect and its subcontractors from
any such claims and/or damages, including attorney fees, except to the extent directly caused by the negligence of Aspect or its
subcontractors.
3. HAZARDOUS SUBSTANCES
Client shall provide Aspect with all information available to Client concerning past and present use of the Property and the nature
and extent of any known or suspected hazardous substances or conditions, prior to Aspect performing the Services. Unless
expressly stated otherwise in the Agreement, Client acknowledges that Aspect has no liability as a generator, operator,
transporter, disposer, or arranger of the transportation and/or disposal of hazardous substances from the Property. Client agrees
to hold harmless, defend and indemnify Aspect and its subcontractors from any claims and/or damages, including attorney fees,
arising out of the presence, release, or threatened release of hazardous substances on or from the Property, except to the extent
directly caused by the negligence of Aspect or its subcontractors.
4. SAMPLE DISPOSAL / WELL DECOMMISSIONING
4.1 Aspect may dispose of any samples obtained from the Property 30 calendar days after the issuance of any document that
includes the data obtained from the sample, unless other arrangements are mutually agreed upon in writing. Unless expressly
stated otherwise in the description of Services, the disposal cost for samples is not included in any cost estimate for the Services.
Client acknowledges the difficulty in determining disposal costs in advance and authorizes Aspect to bill Client for expenses
incurred in disposing of samples obtained from the Property.
4.2 Any wells installed as part of Aspect's work may later need to be properly decommissioned and recorded in accordance with
applicable law. Unless expressly stated otherwise in the description of Services, well decommissioning and recording are not
included in the Services to be performed by Aspect.
5. OWNERSHIP OF DOCUMENTS / WORK PRODUCT
5.1 Data, reports or information provided by Aspect under this Agreement shall only laecorne_the.property of Client upon full
payment for the Services. After full payment, Aspect shall retain joint ownership of all such information. Aspect shall retain copies
of the original electronic files and/or hardcopy versions of information provided by Aspect or by Client. Aspect's originals shall
govern in the event of any dispute regarding the content of electronic media furnished to others.
5.2 All reports prepared by Aspect under this Agreement are intended solely for the Client and apply only to the Services. Any use
or reuse by Client for purposes outside of this Agreement is at the sole risk of Client and without liability to Aspect. Aspect shall
not be liable for any third parties' use of the deliverables provided by Aspect.
5.3 Aspect is entitled to rely upon the completeness and accuracy of reports, documents, drawings, plans and other information
furnished by Client concerning the Property or the project that is the subject of this Agreement.
5.4 In the event Aspect is required to respond to legal process related to the Services for Client, Client agrees to reimburse Aspect
its current hourly charges for personnel involved in the response and attorney fees reasonably incurred in obtaining advice
concerning the response, preparation to testify, and appearances related to the legal process, travel and all reasonable expenses
associated with the litigation.
5.5 Unless a different time period is stated in the Agreement, Aspect shall retain records in accordance with Aspect's records
retention policy.
1 of 2
Revision Date June, 2015
Effective January 2017
ASPECT CONSULTING, LLC
SCHEDULE OF CHARGES
Unless otherwise stated in the proposal or services agreement, current rates are as follows:
Personnel Charges — Engineers and Scientists
Principal II $230.00/hour
Principal I $218.00/hour
Sr. Associate $202.00/hour
Associate $189.00/hour
Senior $166.00/hour
Sr. Project $153.00/hour
Project $141.00/hour
Sr. Staff $123.00/hour
Staff $109.00/hour
Construction Supervisor $111.00/hour
Technician $85 .00/hour
Legal Testimony (4 -hour minimum) $350.00/hour
Other Personnel and Disbursement Charges
CAD Engineering Designer $135.00/hour
Sr. GIS/CAD Specialist $118.00/hour
GIS/CAD Specialist $104.00/hour
GIS Technician $85.00/hour
Sr. Technical Editor $105.00/hour
Technical Editor $95.00/hour
Project Assistant $85.00/hour
Four-wheel Drive Field Vehicle $110.00/day (w/up to 100 miles)
Mileage federal gov't rate plus 15%
Subcontractors and Miscellaneous Expenses cost plus 15%
Communications Charge (phones, fax,
computer, in-house [B/W] reproduction, mailing) 4% of total labor
Oversize CAD/GIS Plots $2.00/Sq. Ft.
Other equipment rental and expenses will be provided on a per job basis.
Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the
Agreement will remain valid for any and all annually adjusted Schedule of Charges.
6. PAYMENT TERMS
Invoices shall be submitted to Client upon completion of the Services, or if Services extend beyond 30 days, on a monthly basis
for the preceding months work. Billing corrections must be requested within 30 days of invoice date. Payment terms are net 30
days from the date of invoice. All overdue payments are subject to an additional interest and service charge of one and one-half
percent (1.5%) (or the maximum rate permissible by law, whichever is lesser) per month or portion thereof from the due date until
the date of payment. All fees will be charged or billed directly to Client. Aspect will not bill a third party without a statement, signed
by the third party, accepting payment responsibility. In the event a third party fails to pay, Client shall remain liable for all unpaid
invoices for the Services. Aspect may suspend work and/or withhold delivery of data for Services in the event Client fails to pay its
invoices. Client shall be responsible for all costs and expenses of collection including reasonable attorney's fees.
7. PERFORMANCE AND WARRANTY LIMITATION
Aspect will perform all Services, including hydrogeology for developing ground water that may reasonably exist beneath the site,
consistent with recognized standards of professionals in the same locality and involving similar conditions. Aspect makes no
warranty, express or implied, on the actual capacity or drawdown of any proposed water well(s), or the quality of ground water, if
any, which may be produced by any water well(s) to be drilled and/or developed under this Agreement. ASPECT MAKES NO
OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.
No representative of Aspect is authorized to give or make any other representation or warranty in any way, in connection with the
Services. Aspect shall not be liable for any failure or delay in performance by Aspect resulting, in whole or in part, from any cause
beyond the reasonable control of Aspect, nor shall Aspect be liable for the action or inaction of governmental agencies, including
but not limited to, the issuance or non -issuance of any water right permit, certificate, amendment and/or transfer.
8. INSURANCE / LIMITATION OF LIABILITY
8.1 Aspect maintains primary General Liability Insurance for bodily injury and property damage with a limit of $1,000,000 per
occurrence and $2,000,000 aggregate. Aspect maintains Professional Liability insurance to provide coverage for liability resulting
from professional errors and omissions.
8.2 Aspect's liability to Client for bodily injury or property damage covered by Aspect's General Liability Insurance policy shall be
limited to the proceeds available from the primary General Liability Insurance policy. The liability of Aspect, its manager, members,
professionals, employees, and subcontractors to the Client for damages, including attorney fees, resulting from an act, error or
omission in providing or failing to provide professional services, whether based in tort or in contract, shall be limited to the greater
of $50,000 or the amount of compensation paid to Aspect under this Agreement, unless higher limits are agreed upon in writing.
In no event shall either party be liable to the other party, for any consequential or incidental damages, including, without limitation,
damages for loss of income, and/or loss of profits.
9. TERMINATION
Suspension or termination of all or any part of the Services may be initiated by Client; however Client shall be responsible for all
fees owed Aspect for Services performed by Aspect, including all direct costs and all expenses incurred or committed that cannot
be cancelled without penalty as well as reasonable termination expenses, prior to Aspect's receipt of written notice from Client.
Either party may terminate this Agreement for cause in the event of the other party's substantial or material failure to perform in
accordance with the terms hereof, through no fault of the terminating party. Except for termination arising out of delinquency in
payment, a termination for cause shall not be effective unless: (i) not less than seven days' written notice of intent to terminate has
been provided; (ii) the notice specifies all reasons for the termination; and (iii) the notified party is given an opportunity to consult
with the terminating party to discuss the termination and to cure the substantial failure before the expiration of the period specified
in the written notice.
10. MISCELLANEOUS PROVISIONS
10.1 These Terms and Conditions, together with the Agreement, the Schedule of Charges, and any additions or revisions agreed
upon in writing by the parties, form the entire Agreement and control over all previous communications, representations, or
agreements, either verbal or written, between Client and Aspect.
10.2 Aspect may assign work included under the Agreement to subcontractors.
10.3 Client and Aspect agree to use their best efforts to resolve any disputes, claims or other matters in controversy arising under
or related to this Agreement.
10.4 These Terms and Conditions shall be governed by the laws of the State of Washington. The sole venue for any legal action
related to this Agreement shall be King County, Washington.
10.5 The unenforceability of any term or condition herein shall not affect the validity or enforceability of the remainder to these
Terms and Conditions; the intent of the parties being the provisions are severable. The section headings of these Terms and
Conditions are intended solely for convenience and do not define or affect these Terms and Conditions or their interpretation. No
waiver by either party of any provision, term or condition hereof or of any obligation of the other party hereunder shall constitute a
waiver of any subsequent breach or other obligation.
2 of 2
Revision Date June, 2015
CONSULTING
Contr Jc
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
SOQNo.
Change No.: 1
Project No.: 170446
Date: February 1, 2018
Client: City of Yakima
Project Naine: Sozo Sports Center Water Right Technical Assistance
1
escription of Change
Cost
Aspect Consulting, LLC (Aspect) understands that the City of Yakima (City)
purchased approximately 40 acres from Cleat City (Sozo) identified as Lots 3 and 4
of the Short Plat Recorded with the County under File No. 7893928, being a portion
of Parcel Number 181334-34001. The City received 76.73 acre-feet of water with
this purchase from Certificate G4 -24528C and desires to transfer it to the City's
parcels for irrigation purpose. We recently met with the Department of Ecology to
review our approach to this place of use change, including removal of the former
supplemental provision that would limit exercise of this water right. This change
order covers out -of -scope work related to meetings with Sozo to prepare for the
Ecology meeting, and the following tasks designed to finalize the Report of
Examination and secure Ecology approval.
1. Prepare for and meet with the former property owner on site to interview
them regarding irrigation history and help interpret aerial photos used for
the extent and validity determination. We understand the City will help
facilitate this meeting.
2. Research additional aerial photos that pre -date the issuance of G4 -24528C
as requested by Ecology. The City is investigating whether it has any such
archive photos on file.
3. Research Ahtanum Irrigation District records and Yakama Nation Subbasin
23 objections to help confirm our interpretation of the surface water right
we assert was relinquished in exchange for "primary" consideration of
G4 -24528C instead.
4. Reflect that the division of the water right between Sozo and the City will
occur in the ROE itself instead of using Ecology's Administrative Division
of Water Rights policy.
Aspect anticipates filing the change application with City and Sozo signatures at the
March meeting of the Yakima County Water Conservancy Board. During the 6
week public notice process through the end of April, we'll conduct the required
Board site visit. We'll plan on finalizing the ROE for presentation to the Board in
May (assuming no adverse comments) for approval.
5. In case protests occur, multiple Board meetings are required, additional
meetings with Sozo are needed, or unexpected Water Transfer Working
Group or Ecology comments occur, we are including a contingency budget
task that will only be authorized upon notice to proceed by the City.
Otherwise, this task will not be used.
Cost = $5,200
To be billed
according to the
attached Schedule
of Charges.
Contingency
Budget Task =
$1,500 (requires
City verbal
authorization)
123 E Yakima Ave, Suite 200 Yakima, WA 98901 Tel: (509) 895-5957 www.aspectconsulting.com
a limited liability company
Contract Change No. 1
Project No. 170446
This change amends the contract between Aspect Consulting, LLC and Client dated August 28, 2017.
Except as amended above, all terms and conditions of contract apply to this contract change.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Printed Name: Cliff Moore
Title: City Manager
Date: 2 - (5 ' 24.2
Attest
Aspect Consulting, LLC
Signature
Printed Name: Daniel R. Haller, PE
Title: Principal Water Resources Engineer
Date:
Sonya Claar Tee, City Clerk
CITY CONTRACT NO:
RESOLUTION NO: fl f G
V:\170446 Yakima Sozo Water Rights\Contracts\Proposal Material\CC1_20180201.docx
Page 2
As.ect
WCONrSULTING
SCBE
Unless otherwise stated in the proposal or services agreement, current rates are as follows:
c•>
ULE OF CHARGES
Effective January 2018
PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS HourlyRate
Principals and Associates
Principal Scientist/Engineer/Analyst 2 $244
Principal Scientist/Engineer/Analyst 1 $231
Sr. Associate Scientist/Engineer/Analyst $214
Associate Scientist/Engineer/Analyst $200
Technical Professionals
Senior Scientist/Engineer/Analyst 3 $200
Senior Scientist/Engineer/Analyst 2 $189
Senior Scientist/Engineer/Analyst 1 $176
Project Scientist/Engineer/Analyst 3 $162
Project Scientist/Engineer/Analyst 2 $150
Project Scientist/Engineer/Analyst 1 $139
Staff Scientist/Engineer/Analyst 3 $129
Staff Scientist/Engineer/Analyst 2 $117
Staff Scientist/Engineer/Analyst 1 $109
PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF
Field/Construction Staff
Field/Construction Supervisor
Hourly Rate
$118
Field Technician 2
Field Technician 1
Design, CAD, and Graphics Staff
Engineering Designer
$98
$90
$140
Sr. CAD Technician/Specialist
CAD Technician
Technical Editing and Project Operations
Sr. Technical Editor
Technical Editor
$125
$110
$100
Project Coordinator 2 $95
Project Coordinator 1 $90
PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT HourlyRate
Sr. Technology Project Manager $210
Technology Project Manager $195
Senior Software/Database Architect/Developer $200
Software/Database Architect/Developer $175
OTHER DISBURSEMENT CHARGES
Legal Testimony (4 -hour minimum) $350/hr
Mileage Federal Gov Rate Plus 15%
Subcontractors and Miscellaneous Expenses Cost Plus 15%
Other equipment, rentals, and expenses will be provided on a per job basis.
Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement will remain valid for any and
all annually adjusted Schedule of Charges.