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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- % 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.