HomeMy WebLinkAboutR-2007-092 Golder Associates Agreement (re: decommissioning of Ranney Well)RESOLUTION NO. R-2007-92
A RESOLUTION authorizing the City Manager to execute the attached and incorporated
engineering and consulting services agreement with Golder Associates
Inc. for engineering and consulting services associated with the
decommissioning of the Ranney Well.
WHEREAS, the City of Yakima Water/Irrigation Division requires engineering,
consulting services and construction associated with decommissioning of the Ranney Well ;
and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied
with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to
comply with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city for future engineering and architectural services; and
WEREAS, Golder Associates Inc. has the necessary expertise and experience to
perform and provide the required engineering services and is willing to do so in accordance with
the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into
an agreement with Golder Associates Inc. for engineering and consulting services associated
with the decommissioning of the Ranney Well; 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 engineering and consulting services agreement with Golder Associates Inc. for
engineering and consulting services associated with the decommissioning of the Ranney Well.
ADOPTED BY THE CITY COUNCIL this 19th day of J 2007.
ATTEST:
Deborah Moore, City Clerk
David Edler, Mayor
q 2,
ENGINEERING SERVICES AGREEMENT
THIS ENGINEERING SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City"), and Golder Associates Inc. (hereinafter "Engineer").
WHEREAS, the City requires engineering services related to the preparation of
documents related to the decommissioning of the Ranney Well;
WHEREAS, the Engineer represents that it has the knowledge necessary and is willing
to perform the engineering services required by the City in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Engineer as follows:
1. Scope of Services. The Engineer shall provide the City with professional engineering
services associated with the preparation of documents necessary of the decommissioning of.
the Ranney Well. A general description of the anticipated work is attached hereto as Exhibit "A"
and incorporated herein by this reference.
The engineering services may include, but are not limited to, the services listed on the..
general project description attached hereto as Exhibit A.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at the time of completion of all services/tasks required hereunder unless the
Agreement is earlier terminated by either party as specified under Section 25 of this
Agreement. The Engineer shall proceed with such services in a timely and diligent manner,
but shall not be responsible for delays caused by others beyond the Engineer's control or which
could not have been reasonably foreseen by the parties at the time this Agreement was
executed.
3. Compensation.
a. Fees for Services. For each specified task the Engineer shall be paid for such
services on a time spent basis in accordance with the fee schedule in Exhibit A, incorporated
herein by this reference. Said fee schedule is subject to revision by the Engineer not sooner
than one (1) year after execution of this Agreement, and no more often than once each year
thereafter.
b. Maximum Fee for Services. Each task shall describe the maximum fee to which
the Engineer shall be entitled for performance provided under that task. The maximum fee
shall represent the best estimate of the parties of the maximum cost of the Engineer's services
specified in that task. Unless this agreement is otherwise modified by the parties, the total
compensation paid to the Engineer for all services provided under this Agreement shall not
exceed $5,850.
c. Renegotiation of Maximum Fee. The Engineer reserves the right to renegotiate
the maximum fee specified in a particular task if the scope of services in the task is changed by
the City, or if conditions beyond the control of the parties shall cause the Engineer to incur
additional costs and expenses in providing the services required under the task. In either
event, the Engineer shall promptly notify the City in writing of the anticipated additional fees or
reduction of fees. Thereafter, and unless otherwise agreed by the parties, the Engineer shall
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not proceed with the modified/changed services until the parties agree in writing to a
renegotiated maximum fee for that task.
d. Payment of Compensation. Engineer shall submit monthly invoices to the City.
Said invoices shall itemize all services rendered during the preceding monthly period. The City
shall make payment to the Engineer within thirty (30) calendar days of receipt of the invoice. All
payments are expressly conditioned upon the Engineer providing services hereunder which are
satisfactory to the City.
e. Payment in the Event of Termination. In the event that either party terminates
this Agreement as provided under Section 25, Engineer shall be compensated in accordance
with theabove terms for all satisfactory completed services provided to the City up to the
effective termination date.
f. Maintenance of Financial Records/Documents. The Engineer shall make the
cost records, accounts and related financial documents pertaining to this Agreement available
for inspection by representatives of the City during the term of this Agreement and for a period
of three (3) years following the final payment to the Engineer by the City. In the event that any
audit or inspection identifies any discrepancy in such financial records, the Engineer shall
provide the City with appropriate clarification and/or financial adjustments within thirty (30)
calendar days of notification of the discrepancy.
4. Standard of Performance. The Engineer shall perform all work and services required
under this Agreement in accordance with generally accepted engineering and consulting
standards in place at the time of the services, and shall be responsible for the technical
soundness and accuracy of all work and services furnished pursuant to this Agreement.
5. Cost Estimates. The City is herewith advised that the Engineer has no control over the
cost of labor, material, equipment; subcontractors' and suppliers' methods of producing and
delivering such goods and services; or over the methods and styles of competitive bidding or
market conditions. Accordingly, the Engineer's cost estimates are made and furnished on the
basis of the Engineer's experience and qualifications and represent only best judgment as an
engineering firm familiar with the construction industry. As such, the Engineer cannot and does
not warrant or guarantee the accuracy of its cost estimates, or that cost estimates may not vary
from the actual project or construction costs realized by the City.
6. Inspection and Audit. Engineer shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor at all
reasonable times, and Engineer shall afford the proper facilities for such inspection and audit.
Such books of account and records may be copied by representatives of the City and/or of the
Washington State Auditor where necessary to conduct or document an audit. The Engineer
shall preserve and make available all such books of account and records for a period of three
(3) years after final payment under this Agreement.
7. Ownership of Documents. All reports, evaluations and data of any kind prepared or
obtained by the Engineer pursuant to this Agreement shall be the property of the City upon
payment being made by the City to the Engineer in accordance with Sections 3 of this
Agreement. The Engineer shall provide the City with electronic originals and/or reproducible
copies of such documents in accordance with the respective tasks, or when requested by City
representatives. The Engineer does not intend or represent that such documents are suitable
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for reuse by the City.or others on extensions of this project or with regard to any other project.
Any such reuse without the written permission of the Engineer shall be at the City's risk.
8. Information to be provided by the City. The City shall provide the Engineer with
access to all information at its disposal that is pertinent to the site of project area, including but
not limited to previous reports, drawings, plats, surveys, utility records, and other similar data.
Absent specific written direction to the contrary, the Engineer shall be entitled to rely upon the
completion and accuracy of such documentation.
9. Status of Engineer. Engineer and the City understand and expressly agree that
Engineer is an independent contractor in the performance of each and every part of this
Agreement. The Engineer shall have the sole judgment of the means, mode or manner of the
actual performance of work/services required under this Agreement. The Engineer, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the work/services required under this Agreement. Additionally, and as an independent
contractor, the Engineer and its employees shall make no claim of City employment nor shall
claim against the City any related employment benefits, social security, and/or retirement.
10. Taxes and Assessments. Engineer shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social, security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, Engineer shall pay the same before it becomes due.
11. Nondiscrimination Provision. During the performance of this Agreement, Engineer
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed,
marital status, political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of services under this Agreement.
12. The Americans with Disabilities Act. Engineer shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti-discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
13. Compliance With Law. Engineer agrees to perform. all work/services 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.
14. No Insurance. It is understood the City does not maintain liability insurance for
Engineer or its employees and subcontractors.
15. Indemnification and Hold Harmless.
a. Engineer agrees to protect, defend, indemnify, and hold harmless the City, its
elected officials, officers, employees and agents from any and all claims, demands, losses,
liens, liabilities, penalties, fines; lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including attorneys' fees and disbursements) caused by or occurring by
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reason of any negligent act and/or omission of the Engineer, its officers, employees, agents,
and/or subcontractors, arising out of or in connection with the performance of this Agreement.
b. In the event that both Engineer and the City are negligent, the Engineer's liability
for indemnification of the City shall be limited to the contributory negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) that can be apportioned to the Engineer, its officers, employees, agents, and/or
subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
16. Insurance provided by Engineer.
a. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a liability limit of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage. The certificate shall clearly state who
the provider is, the required amount of coverage, the policy number, and when the policy and
provisions provided are in effect (any statement in the certificate to the effect of "this certificate
is issued as a matter of information only and confers no right upon the certificate holder" shall
be deleted). Said coverage shall be in effect for the duration of this Agreement. The policy
shall name the City, its elected officials, officers, agents, and employees as additional insureds,
and shall contain a clause that the insurer will not cancel or change, to the extent such change
directly impacts the quality or quantity of the coverage required herein, the insurance without
first giving the City thirty (30) calendar days prior written notice (any language in the clause to
the effect of "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company" shall be crossed out and initialed by the insurance agent). The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guideand
admitted in the State of Washington.
b. Commercial Automobile Liability Insurance. On or before date this Agreement is
fully executed by the parties, the Engineer shall provide the City .with a certificate of insurance
as proof of commercial automobile liability insurance with liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall
clearly state who the provider is, the required amount of coverage, the policy number, and when
the policy and provisions provided are in effect (any statement in the certificate to the effect of
"this certificate is issued as a matter of information only and confers no right upon the certificate
holder" shall be deleted). Said coverage shall be in effect for the duration of this Agreement.
The policy shall name the City, its elected officials, officers, agents, and employees as
additional insureds, and shall contain a clause that the insurer will not cancel or change, to the
extent such change directly impacts the quality or quantity of the coverage required herein, the
insurance without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
c. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer shall provide the City with a certificate of insurance as
evidence of Professional Errors and Omissions Liability Insurance with coverage of One Million
Dollars ($1,000,000.00) any one claim and an annual aggregate limit of One Million Dollars
($1,000,000.00). The certificate shall clearly state who the provider is, the required amount of
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coverage, the policy number, and when the policy and provisions provided are in effect. The
insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the
policy is on a claims made basis, the retroactive date of the insurance policy shall be on or
before April 1, 2006, or shall provide full prior acts. The insurance coverage shall remain in
effect during the term of this Agreement and for a period of three (3) years if commercially
available at reasonable rates, but not less than two (2) years following the termination of this
Agreement.
d. Insurance provided by Subcontractors. The Engineer shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply with all
of the above insurance requirements.
17. Delegation of Professional Services. The services provided for herein shall be
performed by Engineer, and no person other than regular associates or employees of Engineer
shall be engaged upon such work or services except upon written approval of the City.
18. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Engineer to any other person or entity without the
prior written consent of the City. In the event that such prior written consent to an assignment -
is granted, then the assignee shall assume all duties, obligations, and liabilities of Engineer
stated herein.
19. No Conflict of Interest. Engineer represents that it or its employees do not have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of this Agreement. Engineer further covenants
that it will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement.
20. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
21. Third Parties. The City and the Engineer are the only parties to this Agreement and are
the only parties entitled to enforce its. terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly
or otherwise, to third persons.
22. Drafting of Agreement. Both the City and the Engineer 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 within a contract shall be construed against the drafter of a 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.
23. Integration. This written document, and Exhibit A attached hereto, and incorporated
herein by this reference together constitute the entire agreement between the City and
Engineer. There are no other oral or written Agreements between the parties as to the subjects
covered herein. No changes or additions to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and executed by both parties.
24. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or
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to exercise any right herein given in any one or more instances, shall not be construed as a
waiver or relinquishment of any such agreement, covenant, condition or right.
25. Termination. The City or Engineer may terminate this Agreement, with or without
cause, by giving the other party thirty (30) calendar days written notice of termination.
26. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO ENGINEER:
Dave Brown
Water/Irrigation Division
2301 Fruitvale Blvd.
Yakima, WA 98902
Chris Pitre
Golder Associates Inc.
18300 NE Union Hills Road Suite 200
Redmond, WA 98052
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
27. Governing Law. This Agreement shall be govemed by and construed in accordance
with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
GOLDE ASSOCIATES INC.
By: � ti By:, �� .� . _ .lam
R. A. Zais, JTZ;
City Manager
et/zl /a7
DATE:
ATTEST:
City Contract No. 2007- si
unster
ging Principal
DATE: _ALAN e 7_,9/ 2a7
Resolution No. R -2007-R2.
Page 1 of 8
EXHIBIT A
Ranney Well Abandonment Scope of Work, Costs and Fee Schedule
Ranney Well Abandonment Scope of Work
Presented here is a scope of work for Golder Associates Inc. to assist the City of Yakima in the
abandonment of the Ranney Well:
Task 1— Setup (—'$800): Document review and establishment of conditions with the Washington
Department of Ecology (Ecology) for well abandonment.
Task 2 — Application for Variance (—$900): Preparation and submission of an application for
variance to Ecology for well abandonment.
Task 3 — Oversight (S2,100): Oversight of well abandonment activities by a professional engineer
licensed to practice in Washington State in compliance with WAC 173-160. This will consist of two
field visits. The first field visit will be at or before the start of decommissioning activities. The
second will be upon of after the completion of activities.
Task 4 — Documentation (—$1,500): Preparation and submission of well abandonment including
completion of a Well completion report, an accompanying technical memorandum documenting
activities, and an as -built of well abandonment.
All work will be conducted in compliance with WAC 173-160 (Minimum Standards for the
Construction and Maintenance of Wells). The total cost for these services is approximately $5,850.
EXHIBIT A
Ranney Well Abandonment Scope of Work, Costs and Fee Schedule
Ranney Well Abandonment Costs and Fee Schedule
Proposed Costs for Services
Expenses (included in the above Proposed Costs for Services)•
Expenses
Total
$62
$66
$508
$102
$738
$972
$924
$2,450
$1,500
$5,846
Hourly
Rate
Comm.
Fee
Computer
Mileage
per
diem
Staff level:
Principal
Associate
Project
Graphics/
CAD
Su rt
PPo
Labor
Total
$62
Hourly rate:
$170
$ 26
$155
$102
$80
$66
$60
Oversight
Task 1
Initial setup
$300
1
4
Task 4
Documentation
$ 42
$ 60
2
$910
Task 2
Variance
2
4
1
1
$858
Task 3
Oversight
2
16
$1,942
Task 4
Documentation
1
4
4
1
2
$1,398
Totals:
2
12
24
2
5
$5,108
Expenses (included in the above Proposed Costs for Services)•
Expenses
Total
$62
$66
$508
$102
$738
$972
$924
$2,450
$1,500
$5,846
Work will be conducted with the following compensation rates:
Staff Hourly rates:
Expenses (unchanged):
Communication fee:
PC/GIS computer usage:
Expense & subcontractor markup: 10%
Mileage: Federal exempt rate (currently $0.485/mile)
Staff Level
Hourly
Rate
Comm.
Fee
Computer
Mileage
per
diem
Total
Task 1
Initial setup
$ 27
$ 35
$90
Graphics/CAD
$62
Task 2
Variance
$ 26
$ 40
$66
Task 3
Oversight
$ 58
$ 90
$300
$60
$508
Task 4
Documentation
$ 42
$ 60
$102
Work will be conducted with the following compensation rates:
Staff Hourly rates:
Expenses (unchanged):
Communication fee:
PC/GIS computer usage:
Expense & subcontractor markup: 10%
Mileage: Federal exempt rate (currently $0.485/mile)
Staff Level
Hourly
Rate
Principal
$170
Associate
$155
Senior
$130
Project
$102
Staff
$90
Graphics/CAD
$80
Support
$60
3%
$10/$20/hr
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of June 19, 2007
A Resolution authorizing the City Manager to execute the attached and
incorporated engineering and consulting services agreement with Golder
Associates Inc. for engineering and consulting services associated with the
decommissioning of the Ranney Well.
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Dave Zabel!, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
In August of 2006 the transfer of the Ranney Well Water Right was completed. The water right transfer
requires the decommissioning of the Ranney Well in compliance with the Washington State Department of
Ecology (DOE) rules.
The decommissioning requires the establishment of existing conditions at the Ranney Well site, an
application for well abandonment to the Department of Ecology, oversight of the abandonment of the well by
a professional engineer and preparation of a Well completion report and as -built drawings.
Staff respectfully requests the City Council to approve the attached resolution authorizing the City Manager
to execute a consulting services agreement with Golder Associates Inc. for engineering and consulting
services associated with the decommissioning of the Ranney Well
Not to exceed Engineering cost of $5,850
Resolution X Ordinance Contract X Other Specify)
Mail to: Stacy Duncan; Golder Associates Inc.; 18300 NE Union Hills Rd. Suite 200.; Redmond, WA 98052_Phone: (425) 216-
2429
Funding Source 477 Water CIP Fund
APPROVED FOR SUBMITTAL: /4-7
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing the City Manager to execute the accompanying services agreement for the
preparation of documents necessary for the decommissioning of the Ranney Well with Golder Associates
Inc., of Redmond, Washington.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-92