HomeMy WebLinkAboutR-2011-154 Water Treatment Plant Intake Project Preliminary Hydrotechnical Assessment Agreement; Golder AssociatesA RESOLUTION
RESOLUTION NO. R-2011-154
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 Water
Treatment Plant Intake Project.
WHEREAS, the City of Yakima Water/Irrigation Division requires engineering, consulting
services and construction associated with the Water Treatment Plant Intake Project; 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
WHEREAS, Golder Associates, Inc. has the necessary expertise and experience to
perform and provide the required engineering and construction management 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 Water Treatment Plant Intake Project; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
the City Manager to execute all other documents related to the design, contract administration
and construction associated with the Water Treatment Plant Intake Project; 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 design of the Water Treatment Plant
Intake Project.
ADOPTED BY THE CITY COUNCIL this 4th day of October, 2011.
ATTEST:
Deborah Kloster, City Ierk
Micah Cawley,,Mayor
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GOLDER ASSOCIATES
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this k.59* day of COO(Z) , 2011, by and
between the City of Yakima, Washington, a municipal corporation with principal offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and GOLDER ASSOCIATES, INC.,
with an office at 18300 NE Union Hill Road, Suite 200, Redmond, WA 98052 and which corporation and
its principal engineers performing this Agreement are licensed and registered to do business in the State
of Washington, hereinafter referred to as "ENGINEER," for the Preliminary Hydrotechnical Assessment
Services for the Water Treatment Plant Intake, City of Yakima Project No. WA2335, herein called the
"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Andreas Kammereck, P.E. as Project Manager, throughout the term of this Agreement
unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"PRELIMINARY HYDROTECHNICAL ASSESSMENT SERVICES FOR THE WATER
TREATMENT PLANT INTAKE" (WORK) which is attached hereto and made a part of this
Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
plus reimbursement for direct non -salary expenses.
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5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus ten percent (15%) and on the basis of current rates when furnished
by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of 1.15 times the actual costs billed by the Professional Subconsultant for services
provided to the CITY through this Agreement. Estimated Subconsultant costs are shown
in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed $25,000. The ENGINEER will make reasonable efforts to complete
the WORK within the budget and will keep CITY informed of progress toward that end so that the
budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to
incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S
excess costs expended prior to such increase will be allowable to the same extent as if such
costs had been incurred after the approved increase, and provided that the City was informed in
writing at the time such costs were incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required.
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5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties,
fines, costs and expenses (including legal fees, costs, and disbursements) of any
kind claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon the
City's property or any of the City's officers, employees or agents as a result of the
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negligence or willful misconduct of the Engineer, the Engineer shall at once cause
the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without
limitation such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
(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.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY as evidenced by their specific and express initialing of this
paragraph.
ENGINEER'S INITIALS r'" CITY'S INITIALS
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of
professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the 'individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
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governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the _performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
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10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City from and against all claims, damages, losses, and expenses arising
out of or resulting from the performance of this Contract. ENGINEER shall provide and maintain
in force insurance in limits no less than that stated below, as applicable. The City reserves the
rights to require higher limits should it deem it necessary in the best interest of the public.
10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by
the parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined
single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00)
general aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name the
City, its elected officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change 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 -VH or higher in Best's Guide and authorized in the State of
Washington.
10.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, OIC shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined
single limit bodily injury and property damage. Automobile liability will apply to "Any
Auto" and be shown on the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 12.2 entitled "Commercial Liability Insurance".
c. Under either situation described above in Section 3.a and Section 13.b, the
required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name the
City, its elected officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change 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 authorized in the State of
Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of Two Million Dollars
($2,000,000.00) per claim combined single limit bodily injury and property damage, and
Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who
the provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall contain a clause that the insurer will not cancel or change
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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. If the policy is written on a claims
made basis the coverage will continue in force for an additional two years after the
completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S officers, principals, employees,
representatives, and agents shall have no obligation for payment of premiums because
of being named as additional insureds under such insurance. None of the policies
issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the City until thirty (30) days
after written notice to the CITY of such intended cancellation, expiration or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
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15.1 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state,
or local law. 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.
ENGINEER agrees to comply with the applicable provisions of State and Federal Equal
Employment Opportunity and Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
Page 9
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the Yakima Superior
Court in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified, mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. David Brown, Water/Irrigation Manager
ENGINEER: GOLDER ASSOCIATES, INC.
18300 NE Union Hill Road, Suite 200,
Redmond, WA 98052
Attn: Andreas Kammereck, PE, Associate Engineer
Page 10
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
4-p4
Printed Name: Donald B Cooper.
Title: City Manager
Date: i b(5 ( (1
Attest
GOLDER ASSOC' TFS IIyC.
Signature
Printed Name: finf A 'A,v /4 , , ` e e
Title:
r� c_:�Uc1
Date:
Deborah Kloster, City-Cier
City Contract No.
Resolution No.
Page 11
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Donald B. Cooper. is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: (' ...-b r '5,2(I
Seal or Stamp
R
(Signature)
NOS
Title
R, Pr.ce,
Printed Nam
My commission expires: cz)--US 11
Page 12
STATE OF WASHINGTON
COUNTY OF YA ICA K
) ss.
I certify that I know or have satisfactory evidence that Anthony H. Rice is the person who appeared before
me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the Vice President of Huibregtse, Louman
Assoc, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: 9 "30
Seal or Stamp
tu re)
) y pJi
Title
I a rni
L .
Printed Name
My commission expires: Il- l-013
Page 13
EXHIBIT A
CITY OF YAKIMA — NACHES RIVER PRELIMINARY HYDROTECHNICAL ENGINEERING SUPPORT
FOR THE WATER TREATMENT PLANT INTAKE
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
A scope of work is presented here to complete Preliminary Hydrotechnical Assessment for the
City of Yakima Water Treatment Plant Intake on the Naches River:
This scope of work covers the following tasks:
Task 1 — Data Review
Task 2 — Site Reconnaissance
Task 3 — Reporting
Task 4 — Meetings
Task 5 — Final Design
Detailed descriptions of the services are provided follows:
Task 1 — Data Review
Description: Collect available Lidar data and historical aerial photos, and any other relevant
studies and data (i.e. river flows, City operation info, County studies or data, etc) that may
support continued technical assessments at the site. The intent is to identify available
information, and thereby determine what additional information is needed. This review of
available information will support scoping of required detailed site surveys for in -channel and
overbank areas in the vicinity of the intake structure.
Assumptions:
• The City will provide available internal documents pertaining to historical operation of the
diversion.
• Any additional cost for the purchase of data is not included in this scope, because these
potential costs are unknown. Data acquisition and costs will be obtained and paid
directly by the City.
• The City will contract separately for the completion of the detailed site survey.
Deliverables: An email summary of collected data and status of data coordination with
applicable agencies and sources. A detailed email summary of survey requirements.
Schedule: This task will start immediately. The duration is estimated to be approximately 2-4
weeks.
Cost: A budget of approximately $3,709 is allocated to this task.
Page 14
Task 2 — Site Reconnaissance
Description: Complete a walking site reconnaissance and inspection of the river channel and
surrounding overbank floodplain areas, in the vicinity of the intake structure. The
reconnaissance will be scheduled after acquiring available site information identified in Task 1,
and after completion of the detailed site survey (so this data is available for the site recon). The
purpose of the site reconnaissance is to compare site conditions with the acquired data and
information, and make observations of site conditions to support continued review of options
and alternatives at the site.
Assumptions:
• The City will provide access authorizations for properties in proposed reconnaissance
areas.
• The reconnaissance will be scheduled around safe and practical flow and weather
conditions along the river.
Deliverables: An email summary of observations and discussions from the reconnaissance.
Schedule: To be scheduled after completion of Task 1, and upon receipt of the detailed site
survey. Estimated duration of the site reconnaissance is one (1) day.
Cost: A budget of approximately $4,188 is allocated to this task.
Task 3 — Reporting
Description: Reporting will include development of documents (i.e. text, figures, photos, etc.)
that discuss preliminary hydrotechnical engineering recommendations addressing hydrology,
hydraulics, and fluvial geomorphic issues at the intake structure on the Naches River. This
preliminary review and assessment will provide recommendations and conceptual
hydrotechnical engineering options addressing the following two general topics:
• Review and development of conceptual hydrotechnical options, and discuss feasibility of
design/construction for adding roughness to the floodplain and main channel areas in
the vicinity of the intake structure, to encourage flows back towards the intake structure
(flows moved away from the intake structure during recent high flows).
Recommendations will take into consideration the challenging permitting requirements of
working in a channel with ESA listed species. Results will be preliminary and intended
to support continued discussions with stakeholders, and will outline any additional
required assessments, studies, modeling, or investigations needed to support continued
work at the site. Final design/assessment would be completed in a separate scope
package, not included in this effort.
• Review and develop preliminary hydrotechnical engineering recommendations for
modifications to the intake structure, outlining options or identifying what additional
information or investigations may be needed to support final design work. Final design
for the modifications would be completed in a separate scope package, not included in
this effort.
Assumptions:
• This work package will provide preliminary discussions and recommendations.
Continued coordination with the City is required to select final options for the site, which
will require additional engineering and investigation efforts to support final designs.
Page 15
Deliverables: Reporting package to include text, figures, photos, and other supporting
documentation. One hard copy and one electronic pdf copy will be provided to the City. Any
associated electronic data, acquired in Task 1, will also be provided as electronic transfer via
Secure File Transfer (on-line large data transfer protocol).
Schedule: To be determined upon completion of Tasks 1 and 2, and in coordination with the
City.
Cost: A budget of approximately $16,737 is allocated to this task.
Tasks 4 and 5 below are not included in schedules or costs, they are however outlined here to
indicate the next steps that will be required to complete this effort.
Task 4 — Meetings
Description: Includes meetings and other discussions supporting efforts on this project for the
City. The level of effort for this task is undermined at this time.
Assumptions:
• Golder will coordinate with the City for the level of effort needed to support this task, and
is available to develop more detailed scope and cost estimates for work under this task.
• Work under this task will only be initiated at the direction of the City.
Deliverables: To be determined.
Schedule: To be determined.
Cost: To be determined.
Task 5 — Final Design
Description: Includes final hydrotechnical or geotechnical engineering support continuing with
preliminary engineering work outlined in this scope of work. The level of effort for this task is
undermined at this time.
Assumptions:
• Golder will coordinate with the City for the level of effort needed to support this task, and
is available to develop more detailed scope and cost estimates for work under this task.
• Work under this task will only be initiated at the direction of the City.
Deliverables: To be determined.
Schedule: To be determined.
Cost: To be determined.
Page 16
BUDGET SUMMARY
A detailed itemization of costs are presented in an attached table, and are summarized below.
Table 1: Budget Summary
Task
Budget
Task 1 — Data Review
$3,709
Task 2 — Site Reconnaissance
$4,188
Task 3 — Reporting
$16,737
Task 4 — Meetings
t.b.d.
Task 5 — Final Design
t.b.d.
Total
$24,634
Page 17
EXHIBIT B
Estimated Professional Services Fee Estimate
Naches River Hydrotechnical Engineering Support
By: AQK
Date: Sept 12, 2011
Hydrotechnical Support
To alar
. Hours z
g,
R PrIncip
Y✓' T`., l
Kil
Assoc,
a ;!' y�yb,
, Pro�ectt x
t-0 '
di` c• g.. `:4 k
Projec
Eng_,a„
QA
s
St,at.1 ig,
a 2
.Y .!*i 4�,�b;: �-,
,-
`:GAp_/GIST
`C,=,dg
m.` r .t q tr
=Admit
Support
t, Labor
,¢ total
r O®Cs
Total�Cost
Task 1 - Data Review
28
-
8
-
4
-
16
-
$3,532
$177
$3,709
Task 2 - Site Reconnaissance
22
2
16
-
-
-
4
-
$3,646
$542
$4,188
Task 3 - Reporting
128
4
24
-
40
-
60
-
$15,940
$797
$16,737
Task 4 - Meetings
-
--
-
-
-
-
-
$0
$0
$0
Task 5 - Final Design
-
--
-
-
-
-
-
$0
$0
$0
Sub -Total:
178
6
48
-
44
-
80
-
$23,118
$1,516
$24,634
Total:
$24,634
Page 18
EXHIBIT C
SCHEDULE OF RATES
See attached 2011 Golder rate sheet, titled "Golder Associates Inc., Pacific Northwest Professional Rate
Schedule for Calendar year 2011".
Page 19
GOLDER ASSOCIATES INC.
PACIFIC NORTHWEST
PROFESSIONAL RATE SCHEDULE FOR CALENDAR YEAR 2011
Invoices from Golder Associates Inc. include all labor charges, other direct costs, and costs associated
with in-house services. Charges include only those services directly attributable to the execution of the
work. Time spent when traveling in the interest of the work will be charged in accordance with the hourly
rates. Rates for Professional services related to expert testimony, including time spent in depositions and
the preparation and presentations of testimony, are available upon request. An additional charge may be
assessed when employees are asked to be on an extended assignment away from their home office.
Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates
include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday,
sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows:
Billing
Level
LV7
LV6
LV5
LV4
LV3
LV2
LV1
LD3
LD2
LD1
LT3
LT2
LT1
LA3
LA2
LA1
Personnel
Category
Practice/Program Leader
Senior Consultant
Senior Engineer/Scientist
Senior Project Engineer/Scientist
Project Engineer/Scientist
Staff Engineer/Scientist
Engineer/Scientist
Senior Draftsperson
Staff Draftsperson
Draftsperson
Senior Technician
Staff Technician
Technician
Senior Admin Support
Staff Admin Support
Admin Support
Hourly Rate
(U.S.$)
$200 - $240
$160 - $220
$140 - $170
$125 - $155
$100 - $130
$95 - $105
$75 - $95
$75 - $110
$65 - $85
$60 - $75
$70 - $100
$65 - $90
$60 - $70
$50 - $90
$50 - $80
$45-$70
Other direct costs, including materials, travel, subsistence, and subcontractor costs, will be invoiced at
cost plus a minimum general and administrative fee of 15%.
An Office Service Fee for direct project non -labor office costs including mail, telephone, fax transmissions,
personal computers as well as reasonable and customary in-house photocopying will be billed at a
minimum of 7% of the total labor fees. This Office Service Fee does not include CAD/GIS computers,
color photocopies, outsourced photocopies/reproductions or drawing reproduction. These services will be
billed at the following rates:
SERVICE
RATE
CAD/GIS Computers
Color Photocopies
Color Plotter (D&E size)
Print Room Labor*
$20.00/hour
$0.75/page (8.5 x 11)
$12.00/plot
$45.00
*Additional Copy Center pricing can be provided upon request.
Rates for laboratory services and use of equipment owned by Golder Associates Inc. will be provided
upon request.
Nov 2010
GAI OMs
Rate Schedule Des
Golder
Associates
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of October 4, 2011
ITEM TITLE: Resolution authorizing execution of an engineering and consulting services
agreement with Golder Associates, Inc. for the Preliminary Hydrotechnical
Assessment Services for the Water Treatment Plant Intake Project
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Chris Waarvick, Public Works Director
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
The spring floods caused the Naches River to move to the right bank away from the Water
Treatment Plant Intake. This assessment will find a way to insure the Water Plant can continue
to get water from the Naches River. This may entail moving the intake gates, rechanneling the
river or both.
The assessment will survey the area and provide alternatives that are feasible and will be
allowed by the many service agencies that control work in river.
When the preliminary assessment is completed an addendum to this contract will be developed
for the design of the repair or rechanneling of the river to insure an adequate water supply.
(Design cost not to exceed $25,000.)
Resolution X Ordinance Other Specify)
Contract X Mail to: Phone:
Funding Source 477 Water Improvement Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying contract for the Hydrotechnical Assessment Services for the Water Treatment
Plant Intake with Golder Associates of Redmond, WA.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
AGREEMENT FOR PROFESSIONAL SERVICES
ADDENDUM NO. 1
This Addendum, hereinafter identified as Addendum No 1, is hereby entered into and made a part of the
Agreement between City of Yakima, Washington, and Golder Associates, Inc., for Professional Services
first entered into on the 9th day of April, 2010, by the CITY OF YAKIMA, hereinafter called the "CITY,"
and GOLDER ASSOCIATES, INC., hereinafter called the "ENGINEER."
WITNESSETH That in consideration of the mutual covenants and agreements herein contained, the
parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement:
SECTION 2 - SCOPE OF SERVICES
2 1 Basic Services: In addition to the duties set forth in the underlying agreement,
ENGINEER agrees to perform additional work tasks described in the attached
Addendum No. 1 Exhibit A: Hydrotechnical Engineering Support Services for final
design, permitting, funding, and construction bid and inspection support of a new
intake and floodplain stabilization structures for the Water Treatment Plant Intake.
This work will incorporate the initial results and information developed in a report
titled "Naches River Preliminary Hydrotechnical Engineering Support for the Water
Treatment Plant Intake", dated July 2012, which looked at the overall site issues
and outlined a preliminary approach for mitigating river dynamics impacting the
intake structure.
SECTION 5 - COMPENSATION
5 1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in the attached Addendum No. 1 Exhibit A, compensation shall be
on a time spent plus expenses basis at the ENGINEER's normal hourly billing rates
shown on Exhibit B, attached to this agreement.
IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this
7 day of Qt- , 2012.
Other than specific amendments stated herein, all other terms, conditions and requirements of the
underlying contract shall re- ain i ull forte-nd effect throughout the term of the underlying contract.
CIT ' ' F YAKIMA
Printed Name. Ton O'Rourke.
Title.
Date*
Attest
City Manager
GOLDER ASSOCIATES, INC.
GLeGt,.L
Signature
Printed Name:
1 t~d X45 catut ec e
Title' PSI (-V -e?-(
ate* lO –TS --7 2—
C
City Contract No.
Resolution No.
R-2011-154
Page 1
ADDENDUM NO. 1
EXHIBIT A
CITY OF YAKIMA — NACHES RIVER HYDROTECHNICAL ENGINEERING SUPPORT
FOR THE WATER TREATMENT PLANT INTAKE
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
A scope of work is presented here to complete Final Hydrotechnical Engineering Support for the
City of Yakima Water Treatment Plant Intake on the Naches River:
The initial project tasks addressing Data Review (Task 1), Site Reconnaissance (Task 2), and
Reporting (Task 3) for the first phase of work have been completed, as indicated below. This
scope of work covers the continued Final Design support (Task 5), which includes site
investigations, engineering design, permitting support, review of funding options, meetings, and
construction bid document preparation and on-site inspections, for a new intake structure and
floodplain stabilization structures as discussed in more detail below:
Task 1 — Data Review (COMPLETE)
Task 2 — Site Reconnaissance (COMPLETE)
Task 3 — Reporting (COMPLETE)
Task 4 — Meetings (ADDRESSED HEREIN)
Task 5 — Final Design (ADDRESSED HEREIN)
Detailed descriptions of the services are provided as follows:
Task 4 — Meetings
Description: Includes meetings and other discussions supporting efforts on this project for the
City.
Assumptions:
• Golder will coordinate with the City for the level of effort needed to support this task.
• Work under this task will only be initiated at the direction of the City.
Deliverables: To be determined.
Schedule: To be determined.
Cost: Assumes approximately 5 all -day work -shop meetings and travel, or the equivalent level
of effort and/or time, for a total or $8,400.
Task 5 — Final Design
Description: Includes investigations and continued preliminary and final design work for: 1) a
new City intake structure, and 2) for proposed floodplain grade controls and stabilization
structures.
Page 2
Assumptions:
• The continued design efforts will be based on concepts discussed in the "Naches River
Preliminary Hydrotechnical Engineering Support for the Water treatment Plan Intake",
dated July 10, 2012. The intent of this continued design work is to mitigate the potential
avulsion of the main river channel from its current alignment along the east side of the
floodplain and adjacent to the current City water intake to a location on the west side of
the floodplain where it would no longer be in contact with the City's water intake and
possibly the Gleed Diversion.
• Intake design work will focus on a new intake structure, located along the existing
concrete training wall and downstream of the current intake gates.
• Floodplain grade -control design work will focus on planning and design of structures that
incorporate large woody debris with rock riprap and possibly other materials to establish
more stable floodplain morphology to protect against avulsion away from the City's
intake, and enhance habitat in the floodplain to the west of the active channel.
Sub -Task 5A — Investigations. Includes Golder engineering staff on-site managing and
logging boreholes with sub -contracted driller. At the intake structure, includes a minimum of
one (1) borehole at the proposed intake structure location to investigate subsurface conditions
and to support foundation planning and design. The access to this borehole will need to be
coordinated with the adjacent WSDOT highway alignment. We anticipate that a limited space
(i.e. small and tracked machine) is needed to move along the shoulder of the highway behind
the guardrail. Access for drilling a borehole down at the edge of the river at the toe of the steep
bank is most likely not feasible, so the borehole is planned at the edge of the highway shoulder
on flat ground. In the west floodplain, includes 1-2 boreholes and approximately 5-10 test -pits in
the west floodplain area where the proposed grade -controls are planned. Shallow water table
and coarse grained sediments are expected. The boreholes are intended to assess sub -surface
conditions to a depth of approximately 30 feet at the upstream and downstream ends of the
project area, and the test -pits are assumed to be completed using a tracked excavator, to dig
approximately 15 feet below the ground surface to assess conditions at or near proposed
structure locations. Test -pit excavations may extend below the water table, and are intended to
support review of construction feasibility.
Deliverable: A technical memorandum summarizing sub -surface conditions at the site,
providing initial foundation recommendations for the intake, and applicable recommendations for
excavations required to support the floodplain grade -controls.
Schedule: Final schedule to be coordinated with the City. Anticipate completion of
investigations in November 2012.
Cost: $52,125; includes on-site engineering support and sub -contracted driller for boreholes.
Sub -Task 5B — Preliminary Design (Intake Structure and Floodplain Grade -Controls).
Includes development of preliminary plan and profile views of the proposed intake structure and
floodplain grade -control structures. This task is intended to support initial project planning and
permitting efforts (see subsequent tasks). The general layout and location of structures relative
to property ownership and access is recognized as a critical component to the preliminary
design work (i.e. planning to balance function with access and land approvals for the work).
This task will include coordination with the City and Yakima County to establish there is
sufficient real property interest in the proposed work, and to clarify right of way issues early in
the project process, and/or incorporate that information into the preliminary design proposal.
We assume the City will lead the coordination with Yakima County to acquire property data,
historical project activities, and status of current right of way land use, and we will work closely
with the City and Yakima County to incorporate the information into the preliminary design work.
The general extent and approach for the preliminary designs will incorporate the results from the
Page 3
report "Naches River Preliminary Hydrotechnical Engineering Support for the Water treatment
Plan Intake" (July 2012), which identified the river dynamics impacting the intake structure and
outlined a planning level mitigation approach. This task is intended to extend that initial
planning level review to develop preliminary drawings and a more detailed description of the
proposed scope of design and construction work. The preliminary designs will include
drawings, sections, profiles, typical, and material quantities.
Deliverable: A technical memorandum and supporting plan/profile and section drawings
showing preliminary plan views, profiles, layouts, typical sections, an initial specifications list,
and preliminary materials quantities.
Schedule: Final schedule to be coordinated with the City. Anticipate completion in December
2012.
Cost: $28,874.
Sub -Task 5C — Permit Support. Includes support for identification of permitting requirements,
and completion of the initial permit submittal document (either the Washington State
Department of Fish and Wildlife Joint Aquatic Resources Permit Application (JARPA) or the
Yakima County submittal form)), and initial discussions with identified permitting and regulatory
agencies to determine what additional permitting documents are needed to develop a complete
permit package. This task does not include any wetlands inventories or site work, and does not
include biological assessments or other supporting additional site analysis or assessments. The
intent of this task is to complete an initial JARPA to help define the project and explain it for
initial agency review, and identify what additional regulatory supporting efforts are needed,
because the complete permitting requirements are not known at this time. An adjustment in the
level of effort needed to complete this task is expected, once the discussions and coordination
with the agencies is.complete, and the full extent of continued permitting efforts is known.
Golder will work with the City to update the level of effort, estimated budget, and timeline for this
task, as needed.
Deliverable: A technical memorandum listing the required permits and regulatory review for the
project with brief summaries of key issues, and a completed JARPA.
Schedule: Final schedule to be coordinated with the City. Anticipate completion in January -
February 2013.
Cost: $13,335.
Sub -Task 5D — Funding Support. Includes identification of potential funding sources, securing
the documents needed to apply for the funding. We assume that final completion of the
documents, and filling in of any forms or applications, will be addressed by the City.
Deliverable: A technical memorandum summarizing potential funding options, grants, and ideas
for finding funding for the planning, design, construction, and operation and maintenance of the
proposed project.
Schedule: Final schedule to be coordinated with the City. Anticipate completion in January -
February 2013.
Cost: $5,257.
Page 4
Sub -Task 5E — Final Design (Intake Structure and Grade -Controls). Includes development
of a hydrodynamic model that simulates flow conditions in the project reach for existing and
proposed conditions. The model will be used to support design of the intake structure and the
floodplain grade -controls. Design will include foundation and structural layout and plan/profile
sheets for concrete work of the intake structure, as well as material and plan/profile sheets for
the grade -controls.
Deliverable: A report package sufficient to support construction of the proposed project. The
package will include a technical report summarizing the modeling results, calculations,
assumptions, drawings (including sheets showing plan, profile, typical sections, connections,
details, etc.) , specifications, materials quantities, etc.
Schedule: Final schedule to be coordinated with the City. Anticipate completion in March -May
2013.
Cost: $71,052.
Sub -Task 5F — Bid Documents. Includes preparation of construction bid documents for
advertisement of public bid for the construction of the design package. Assumes the City will
provide an example of a past bid document package that meets the formatting, bid structure,
and submittal requirements for a similar type project.
Deliverable: Electronic Word documents, suitable for review and final revisions by the City, for
preparation of final bid package.
Schedule: Final schedule to be coordinated with the City. Anticipate completion in June 2013.
Cost: $9,891.
Sub -Task 5G — Construction Support. Scope to be developed upon completion of the design,
and in coordination with the City.
Deliverable: t.b.d.
Schedule: t.b.d.
Cost: t.b.d.
BUDGET SUMMARY
A detailed itemization of costs is presented in an attached table, and is summarized below.
Table 1: Budget Summary
Task
Budget
Task 1 — Data Review
Complete
Task 2 — Site Reconnaissance
Complete
Task 3 — Reporting
Complete
Task 4 — Meetings
8,400
Task 5a — Final Design: Investigations
52,125
Page 5
Task 5b — Final Design: Prelim Design
28,874
Task 5c — Final Design: Permit Support
13,335
Task 5d — Final Design: Funding Support
5,257
Task 5e — Final Design: Final Design
71,052
Task 5f — Final Design: Bid Documents
9,891
Task 5g — Construction Inspection
t.b.d.
Total
$188,934
EXHIBIT B
SCHEDULE OF RATES
See attached 2012 Golder rate sheet, titled "Golder Associates Inc., Pacific Northwest Professional Rate
Schedule for Calendar year 2012".
Page 6
GOLDER ASSOCIATES INC.
PACIFIC NORTHWEST
PROFESSIONAL RATE SCHEDULE FOR CALENDAR YEAR 2012
Invoices from Golder Associates Inc. include all labor charges, other direct costs, and costs associated
with in-house services. Charges include only those services directly attributable to the execution of the
work. Time spent when traveling in the interest of the work will be charged in accordance with the hourly
rates. Rates for Professional services related to expert testimony, including time spent in depositions and
the preparation and presentations of testimony, are available upon request.
Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates
include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday,
sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows.
Billing
Level
LV7
LV6
LV5
LV4
LV3
LV2
LV1
LD3
LD2
LD1
LT3
LT2
LT1
LA3
LA2
LA1
Personnel
Category
Practice/Program Leader
Senior Consultant
Senior Engineer/Scientist
Senior Project Engineer/Scientist
Project Engineer/Scientist
Staff Engineer/Scientist
Engineer/Scientist
Senior Draftsperson
Staff Draftsperson
Draftsperson
Senior Technician
Staff Technician
Technician
Senior Admin Support
Staff Admin Support
Admin Support
Hourly Rate
(U.S.$)
$200 - $240
$160 - $220
$145 - $175
$125 - $155
$110 - $130
$100 - $110
$80 - $100
$85 - $105
$70 - $85
$60 - $75
$80-$110
$70 - $90
$60-$70
$60 - $90
$50 - $80
$45 - $70
Other direct costs, including materials, travel, subsistence, and subcontractor costs, will be invoiced at
cost plus a minimum general and administrative fee of 15%
An Office Service Fee for direct project non -labor office costs including mail, telephone, fax transmissions,
personal computers as well as reasonable and customary in-house photocopying will be billed at a
minimum of 7% of the total labor fees This Office Service Fee does not include CAD/GIS computers,
color photocopies, outsourced photocopies/reproductions or drawing reproduction. These services will be
billed at the following rates:
SERVICE
RATE
CAD/GIS Computers
Color Photocopies
Color Plotter (D&E size)
Print Room Labor *
$20/hour
$0.15/page (8.5 X 11)
$12/plot
$45/hour
* Additional copy -center pricing can be provided upon request
Rates for laboratory services and use of equipment owned by Golder Associates Inc. will be provided
upon request.
Nov 2011
GAI OMs
Rate Schedule Des
Golder
Associates
Golder
Associates
SCHEDULE OF FEES
REDMOND,U������ '^-----'-~----~~~~,,,~�~~^~~~~
Effective January 1, 2017
Invoices from Golder Associates include labor charges, other direct costs, and costs associated with in-house services.
Charges include only those services directly attributable to the execution of the work. Time spent when travelling in the
interests of the work will be charged in accordance with the hourly rates.
Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates include costs
for salary, payroll taxeo, insurance associated with employment, benefits (including holiday, sick |omva, and vocaUon),
administrative ovorheods, and profit. In some cases statutory overtime rates may apply. Rates by labor category are
as follows:
ENGINEERS, SCIENt
ISTS, PROJECT MANAGERS
AND REVIEWERS*
Junior
Junior 11
Intermediate
Intermediate II
Associate/Senior |
. ---� —'
Associate/Senior U
Principal/Associate/Senior III
Principal/Specialist
Level C1
Level C2
Level C3
Level C4
Level C5
Level C6
Level C7
Level C8
ADMINISTRATIVE SUPPORT
Admin Support
Staff Admin Support
Level B1
Level B2
Senior Admin Support 1 |U'Level B3
Senior Admin Support II
Level B4
$100/h
$11O/h
$135/h
$165/h
$185/h
$215/h |�
$250/h
$85/h
$95/h
$105/h
NOTES
TECHNICIANS/TECHNOLOGISTS'
Junior 1
Junior 11
Intermediate
Senior
Level T1
Level T2
Level T3
Level T4
$80/h
$100/h
$11S/h
$125/h
CAD
CA0AND CIVIL ENGINEERING DESIGN
TECHNOLOGISTS/ GIS /
Draftsperson
Level D1
SeniorStaff Draftsperson Level D2
Draftsperson U LevelD3
$85/h
$115/h
The above rates are subject borevision^
A 7% charge will be added to the
fees to cover normal incidental offiCe disbursements, including — — limited
to associated communication charges, travel and document production.
A 15% carrying charge will be added to disbursements including materialssubcontractor costsdrilling or excavation
services and use of external laboratory services.
* Rates for specialist services, including but not limited to litigation support, expert witness, including time sthf
depositions and the preparation and presentations of testimony, and/or senior level consultation, and priority
emergency level services are available upon request.
Rates for laboratory services and use of equipment ownedby odider AOciates will be priwided upon request.
Special Note:
Y. The rates and charges listed above exclude applicable local and federal taxes The taxes will appear as a separate
line item on each invoice.
Golder Associates Inc.
1830NE Union Hill Roa, Suite 200
Redmond, WA 98052 USA
Tel: (425) 883-0777 Fax:
Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation
Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America