HomeMy WebLinkAbout06/03/2008 11 Gardner Park Well Design Agreement with Golder Associates, Inc. BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *- 11
For Meeting of June 3, 2008
ITEM TITLE: Consideration of Resolution authorizing execution of agreement with Golder
Associates, Inc. for engineering and consulting services for design of the
Gardner Park Well
SUBMITTED BY: Dave Brown, Water /Irrigation Manager
Dave Zabel!, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575 -6204
SUMMARY EXPLANATION:
On August 22, 2006 the City successfully transferred a portion of Ranney Water Right to the Kissel Well,
replacing an existing Water Right Permit. The balance of the Ranney Water Right was transferred to three
proposed sites for a new well. Subsequently, all necessary environmental documentation has been
prepared and a Determination of Non - Significance has been issued.
A detailed analysis conducted by the City and Golder Associates identifies Gardner Park as the most
suitable site for a new 3,000 gallon per minute well. Attached is a contract to design and prepare the bid
documents for development of the new Gardner Park Well.
III This well will provide water for future needs, supplement the water supply during drought years, supplement
the emergency water supply, reduce the need for additional storage, and reestablish beneficial use of the
Ranney Water Right to thereby ensuring its continuation.
Resolution X Ordinance Contract X Other Specify)
Mail to: Chris Pitre; Golder Associates; 18300 NE Union Hill Road.; Redmond, WA 98052 -3333 _ Phone: 425 -833- .
0777
Funding Source 477 Wat- IP Fu • • an • PWTF Loan Proceeds
APPROVED FOR SUBMITTAL: j
City Mana • -
STAFF RECOMMENDATION:
Approve Resolution authorizing the City Manager to execute the accompanying contract for the design and
production of construction documents by Golder Associates, Inc. of Redmond, Washington for the Gardner
Park Well; for the City Manager to execute all other documents related to the design, contract administration
and construction for the Gardner Park Well.
BOARD /COMMISSION RECOMMENDATION:
40 COUNCIL ACTION:
• RESOLUTION NO. R -2008-
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 design
and preparation bid documents for the Gardner Park Well; also
authorizing the execution of other documents related to the design,
contract administration and construction associated with completion of
the Gardner Park Well.
WHEREAS, the City of Yakima Water /Irrigation Division requires engineering,
consulting services and construction associated with the Gardner Park 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 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, for engineering and consulting services associated with
the design and construction of the Gardner Park Well; 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 Gardner Park 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 design of the Gardner Park Well;
together with all other documents related to the design, contract administration and construction
associated with Gardner Park Well.
ADOPTED BY THE CITY COUNCIL this 3" day of June 2008.
David Edler, Mayor
ATTEST:
City Clerk
AGREEMENT
4 BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GOLDER ASSOCIATES
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2008, 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 Gardner Park Well Design Services, herein
called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of Gardner Park Well Design Services, 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
Chris Pitre, PE, as Project Manager and David Banton as Principal -in- Charge 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 "CITY
OF YAKIMA GARDNER PARK WELL PRELIMINARY WORK" (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."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEERS cost of, or
time required for, performance of any services under this Agreement, a contract price
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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 ENGINEERS 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 ENGINEERS 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 therefrom.
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 fifteen 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
• 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 ose costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of 1.10 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 Twenty Nine Thousand Eight Hundred Forty Nine Dollars
($29,849.00). 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 will use its best efforts to submit to the City's Representative by the tenth (10
day of each calendar month an invoice 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
4110 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
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may resubmit such item(s) in a subsequent invoice together with additional supporting information
required.
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 Tess; 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, and employees (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
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- 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 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 Toss, 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.
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.
S ENGINEER'S INITIALS ' 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 the safety of construction work, 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 ENGINEERS 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
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•
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
govemmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth 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 govemmental 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, tosses, and costs including, without limitation,
litigation expenses and attorney fees where 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
411
substantiated shall be reimbursed to the CITY.
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110 SECTION 10 INSURANCE
10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of
e9 9 9 p e o
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals,
employees, representatives, and agents shall be designated as additional insureds on all such
policies except for professional liability and Worker's Compensation. Such insurance shall be
primary to the extent covered as additional insureds and other insurance maintained or carried by
the CITY shall be separate and distinct and shall not be contributing with the insurance listed
hereunder.
10.1.1 Commercial general liability insurance, including personal injury liability, blanket
contractual liability, and broad -form property damage liability coverage. The combined
• single limit for bodily injury and property damage shall not be less than one million
dollars ($1,000,000) per occurrence/aggregate.
10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non-
owned, rented, and hired cars. The combined single limit for bodily injury and property
damage shall not be less than one million dollars ($1,000,000) per occurrence.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional liability insurance. The limit of professional liability insurance coverage
shall not be less than one million dollars ($1,000,000) for any one claim and policy
aggregate.
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 thereunder. 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
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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 III
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
15.1 In connection with the 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 Tess
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
Page 8
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 ENGINEERS 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.
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 ARBITRATION
18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this
AGREEMENT or the breach thereof may be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association then obtaining.
Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other
party to such arbitration shall be a necessary precondition to arbitration.
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 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 and Irrigation Manager
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ENGINEER: Golder Associates, Inc.
18300 NE Union Hill Road, Suite 200
•
Redmond Washington 98052 -3333
Attn: Chris Pitre, Associate, Water Resources
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 GOLDER ASSOCIATES INC.
Signature Signature
Printed Name: R.A. Zais, Jr. Printed Name:
Title: City Manager Title:
Date: Date:
Attest
Deborah Moore, City Clerk
City Contract No. 2008-
( Resolution No. R -2008-
Page 10
•
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that R.A. ZAIS, JR. 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:
Seal or Stamp
(Signature)
Title
• � Printed Name
My commission expires:
•
•
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STATE OF WASHINGTON ) •
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that DOUG DUNSTER, 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 REDMOND OFFICE MANAGER of
Golder Associates to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
•
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EXHIBIT A
® CITY OF YAKIMA — GARDNER PARK WELL PRELIMINARY WORK
7�
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 prepare a preliminary report in preparation of installing a
new well for the City of Yakima at Gardner Park. This scope of work covers the following tasks:
Task 1 — Evaluation of Well Site Selection
Task 2 — Bid Specifications
Task 3 — Review of Drilling Contractor Bids
Task 4 - Engineering Design Estimates
Task 5 — Pubic Meeting Support
Task 6 — Task Project Management
Task 7 — Contingency
Detailed descriptions of the services to be provided follows.
Task 1 — Evaluation of Well Site Selection
Purpose: To identify and address outstanding concems associated with the selection of
Gardener Park as a well site.
Background: Gardner Park has been selected as a site for a new municipal supply well based
on regional hydrogeological assessments. A change to water right certificate (GWC 2851 -A;
G4- *04412C; Ranney Well) has been approved. A Determination of Non - Significance (DNS)
has been found with respect to the water right change under the State Environmental Policy Act
(SEPA).
Description:
• Review of local well logs from the Washington Department of Ecology (Ecology) web site
to design the completion details of a new well (e.g., well depth) and susceptibility of a
new well to contamination.
• Contaminant source inventory for wellhead protection purposes. A database search of
potential contaminant sources within a one -mile radius of Gardner Park will be
commissioned from EDR, Inc., and GIS -based figures. will be prepared showing the
distribution of these potential contamination sources.
• An application for a variance will be submitted to the Yakima Health District for a sanitary
set -back less than 100 -foot around the well.
Yakima County Health District is responsible for issuing Notice of Intent ( "start card ") for drilling,
including pre- drilling site inspection and approval of sanitary setback variances. The County
contact is:
Gordon Kelly
Yakima Health District
104 North 1st Street, Suite 204
Page 13
Yakima, WA 98901
Ph (509) 575 -4040
Fax (509) 575 -7894
gordon.kelly@co.yakima.wa.us
Assumptions:
• The City of Yakima will provide air photo coverage for the one -mile radius around
Gardner Park. Alternatively, Golder will obtain available air photo coverage at no cost
from the United States Department of Agriculture Farm Bureau (1 -meter color
resolution).
• The City will conduct any site visit required by the Yakima Health District in relation to a
sanitary setback variance.
• It is expected that SEPA compliance has been adequately satisfied through the water
right change process.
Deliverables: A technical memorandum will be prepared compiling the findings of this task,
including a request for a sanitary setback variance.
Schedule: This work will be completed one month of authorization to proceed.
Cost: A budget of approximately $5,700 is allocated to this task.
Task 2: Develop Bid Specifications
Purpose: To prepare bid specifications for the drilling, installation and testing of a new well.
Description: Well installation bid specifications will be developed and terms for the
construction work will be determined with consideration to the hydrogeologic setting of the
Gardner Park site. Specifications will include drilling, installation and development of the well,
pumping tests, and restoration of the site to pre - construction conditions. The pumping test will
include a step test to determine well performance and a 72 -hour constant -rate pumping test for
the assessment of aquifer parameters, sustainable yield, and collection of water quality
samples. Specifications will conform to Ecology requirements and to AWWA standards for well
construction and testing, and will address possible flowing artesian conditions that may be
encountered.
Assumptions:
• The City will provide a template for municipal construction bidding.
• The intent is to install a well with a production capacity of up to 3,000 gallons per minute
(gpm), subject to field conditions and aquifer properties encountered during drilling.
• The well will be approximately 1,000 feet deep (subject to final design).
• A nominal production casing diameter will be 20 inches, and the screen assembly will be
16 inches diameter (subject to final design).
• The City will advertise and provide copies of the bid package to interested bidders.
• The City will specify how water from the pumping tests will be conveyed away from the
site (e.g., storm or sanitary sewer; the well may produce yields in excess of 3,000 gpm).
• No permit is required for the discharge of pumping test water.
•
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Deliverables: A draft copy of the bid specifications will be provided to the City for review. A
phone conference will be held between the City and Golder to discuss modifications of the draft
® for the final set of bid specifications. Comments will be incorporated into a final bid package.
Golder will deliver 20 hardcopies and one electronic copy to the City. A senior Golder person
will attend a pre -bid conference.
Schedule: A draft bid package will be submitted to the City for review within two months of
authorization to proceed. This schedule is subject to timely determination of means of
conveying pumping test discharge water away from the site and approval of the sanitary
setback variance. ,
Cost: A budget of approximately $7,400 is allocated to this task.
Task 3: Review Drilling Contractor Bids
Purpose: To review bids for the well drilling, construction and testing of the well and to provide
a recommendation to the City.
Description: Golder will collect the submittal packages from the City and, summarize each
submittal for comparison. Golder will present the City with a comparative analysis of the bids.
Assumptions:
• The City will coordinate collection of bid submittals and deliver the bid packages to
Golder for review.
• Gathering additional information from bidders and /or response to protests are not
110 included in this task.
• The City will contact the selected bidder.
Deliverables: A technical memorandum summarizing and comparing the bid packets will be
delivered to the City for review.
Schedule: A technical memorandum will be issued within two weeks of receiving complete bid
submittals from the City.
Cost: A budget of approximately $1,400 is allocated to this task.
Task 4 — Engineering Design Cost Estimates
Purpose: To develop cost estimates for the engineering and design services required for
constructing the Gardner Park Well in Yakima, Washington. These costs will be developed for
City of Yakima planning services.
The construction and capital costs for the Gardner Park Well have been estimated by the City of
Yakima through the Public Works Trust Fund contract.
Description: The engineering and design services estimate will include a detailed scope of
work and level of effort for developing the designs (engineering and electrical) for the new
Gardner Park Well. The design will include:
• Well house design and layout. This design will include local park restrooms and drinking
411 fountains as requested by the City. The well house design will also consider security (lighting
and fencing) and anti -vandal design elements.
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o Wellhead, pump /motor, piping and appurtenance design. Design components include:
o Pump, motor, VFD and motor control system,
•
o ASR bypass piping as applicable,
o Flow meters and valves,
o Waste discharge system,
o Water treatment systems per City requirements (chlorine and fluoride), and
o Connection to the distribution system.
e Telemetry/Electrical design for the connection of the new well to the City of Yakima
telemetry system. Design to be prepared by a sub - contractor to Golder.
Department of Health approval and other necessary state and local permitting services specific
to pipes and pumps will also be provided. Department of Ecology and /or National Pollution
Discharge Elimination System (NPDES) permits may be required for the operational waste
•
discharge system. We will coordinate local permits with the City, including building and
plumbing permits.
If requested by the City, additional services can be included within this work including_ hydraulic
analyses, near -well distribution system upgrades as needed, and water system plan updates.
Assumptions: This task assumes that information regarding the existing system is readily
available from the City, including CAD /GIS coverage and existing system hydraulic analyses.
Additionally, any specifications and standard details to be used in the design will be provided by
the City.
•
Deliverable: The design cost estimates will be prepared as a detailed Scope of Work and
associated budget.
Schedule: A draft of the design SOW and cost estimates will be provided to the City in June
2008. The final SOW and cost estimates will be provided in August 2008.
Budget: A budget of $4,000 is allocated to this task.
Task 5: Public meeting Support
Purpose: To support city staff in public outreach to neighbors of the Gardner Park well site.
Description: A short Power Point presentation will be prepared describing construction and
operation activities associated with the new well. Golder will attend two public meetings.
Deliverables: A Power Point presentation and attendance at two public meetings.
Cost: A budget of approximately $4,100 is allocated to this task.
Task 6: Project Management
Purpose: To ensure that the project is completed on time and on budget, to coordinate project
tasks, and to ensure quality work and good communication with the City and keep the project
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moving forward. To prepare responses to unforeseen events within the limitations of the
allocated budget.
• Description: Monthly progress reports will be provided with invoices. Any changes in the
project schedule or scope will be summarized, including causes and basis of authorization.
More frequent telephone communication will be made on a weekly or as- needed basis. Project
expenditures will be tracked internally on a weekly basis. Total budget, expended budget, and
remaining budget will be summarized by task in each invoice.
Deliverables: Progress reports will be submitted with monthly invoices.
Cost: A budget of approximately $2,200 is allocated to this task.
Task 6: Contingency
Purpose: To provide responsive service to unforeseen needs.
Description: Golder will conduct work that is not contained within Tasks 1 -5 of this scope of
work at the direction of the City of Yakima within the limits of the allocated budget.
Deliverables: To be determined at time of assignment.
Cost: A budget of approximately $5,000 is allocated to this task.
BUDGET SUMMARY
IP A detailed itemization of costs are presented in an attached table, and are summarized below.
Summary Budget
Task Budget
Task 1 — Evaluation of Well Site $5,712
Selection
Task 2 — Bid Specifications $7,418
Task 3 — Review Contractor Bids $1,362
Task 4 — Engineering Design $4,066
Estimates
Task 5 — Public Meeting Support $4,084
Task 6 — Project Management $2,207
Task 6 — Contingency $5,000
Total $29,849
•
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EXHIBIT B
Professional Fees
• Gardner Well Preliminary •
Work '
City of Yakima .
By: CVP /CC
983- 1268 -300 GOLDER FEE ESTIMATE •
May 72, 2008 Phase 1- Gardner Well
•
TASK • Principal Associate Senior Project Field GIS /CAD Clerical Total Labor Expenses Cost/
Engr Engr Engr Graphics Hours (note) Task
• Sub -Tasks DB CVP /CS CC EA
Rate/hr($$) $180 _ $160 $140 $105 $85 $80 $60
• Task .1 — Well Site Evaluation 2 8 32 4 1 47 $4,740 $972 $5,712
Task 2 — Specifications 2 16 40 4 2 64 $6,760 $658 $7,418
Task 3 — Review Contractor Bids ' 1 2 8 1 12 $1,240 $122 $1,362
Task 4 — Engineering Design 1 10 20 • • 1 32 $3,720 $346 , $4,066
Task 5 = Public Meeting Support 20 4 1 25 $3,580 $504 $4,084
Task 6 — Project Management 1 8 2 2 2 15 $2,030 $177 $2,207
Task 7 — Contingency $5,000
I Total Cost Phase 1: $ 29,849 1
Note: Expenses include 5% office fee and $10/hr computer charges for half of the labor hours, and rental car for public meetings.
1111 Page 18
III
EXHIBIT "C"
SCHEDULE OF RATES
® FOR
COLDER ASSOCIATES
(January 1, 2008, Through December 31, 2008)
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 work will be charged in accordance with the hourly
rates. An additional 50% will be added to the applicable labor rate for expert testimony, including time
spent in depositions and the preparation and presentations of testimony. 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:
Personnel Personnel Hourly Rate
Level Category (U.S. $) .
LA1 Admin Support $50 - $80
LA2 Staff Admin Support $55 - $85
LA3 Senior Admin Support $90 - $115
LT1 Technician $55 - $75
LT2 Staff Technician $80 - $95
LT3 Senior Technician $100 - $120
LD1 Draftsperson $55 - $75
LD2 Staff Draftsperson $80 - $95
® LD3 Senior Draftsperson $100 - $115
LV1 Engineer /Scientist $65 - $110
LV2 Staff Engineer /Scientist $85 - $115
LV3 Project Engineer /Scientist $80 - $135
LV4 Senior Project Engineer /Scientist $105 - $175
LV5 • Senior Engineer /Scientist $120 - $185
LV6 Senior Consultant $145 - $215
LV7 Practice /Program Leader $200 - $225
LV8 Senior Practice /Program Leader $230 - $270
Other direct costs, including materials, travel, subsistence, and subcontractor costs, will be invoiced at
cost plus a minimum general and administrative fee of 15 %.
Office Service Fee: Project non -labor office costs including telephone, fax transmissions, personal
computers, and in -house photocopying will be billed at 5% of the total labor fees (this does not include
large- volume copying by an extemal printing facility). This Office Service Fee does not include CAD
computers, color photocopies, or drawing reproduction. These services will be billed at the following
rates:
SERVICE RATE ,
CAD Computers $20.00 /hour
Color Photocopies* $0.75 /page (8.5 x11)
Color Plotter (D &E size)* $12.00 /plot
Print Room Labor* $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.
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