HomeMy WebLinkAboutPacific Groundwater Group AG-C-157 . ...._ .... 1� �
C1-'3
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-157
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Waslungton,hereinafter referred to as "CI1'Y" and with
_---- — ,
�acific Gioundwater Group whose address is 2377 Eastlake Avenue East, Seattle, Washington
98102, hereinafter referreii to as "CONSiTLTANT".
In consideration of the covenants and conditions of this Agreement,the parlies hereby
agree as follows:
1. SCOPE OF WORK.
Professional services proviiled under this agreement involve the Consultant providing
hydrogeology consulting services in support of the City's Futuie Groundwater Management
Project. The services shall be completed in two phases: 2001 and 2002. The purpose of the
hydrogeologic investigations and analysis is to investigate the effects of the City's Future
Groundwater Management Project as further described in Exhibit A, attached and by this
reference made part of tivs agreement.
2. 'I'ERM.
The CONSLILTANT shall not begin any work under this agreement until authorized in
writing by the CITY. Phase 1 services under this agreementshall be completed by December 31,
2001. All other services aze proposed in the future and aze not authorized at this time.
The established completion time shall not be extended because of any unwarranted delays
attributable to the CITY, but may be extended by the CITY in the event of a delay attributable to
the CITY,or because of unavoidable delays caused by an act of GOD or govemmental actions or .
other conditions beyond the control of the CONSiJLTANT. A prior supplemental agreement
issued by the CITY is required to extend the established completion time.
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for direct non-salary cost, see �
attached E�chibit B, at the actual cost to the:CONSULTANT plus 10%. The compensation for S
� \�ti
��
Phase l shall not exceed$46,154. E�chibit B is attached hereto and by reference made a part of
this Agreement. These chazges may include, but aze not liauted to the following items:
reproduction fees, communication fees, and mileage. The billing for non-salary cost, directly
identifiable with the pmject, shall be itemized listing of charges supportedby copies of the
original bills, invoices, expense accounts and miscellaneous supporting data retained by the
CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY
upon request. All above chazges must be necessary for the services provided under the
Agreement.
In the event services beyond those specified in the Scope of Work, and not included in
the compensation listed in this agreement aze required, a contract modification shall be
negouated and approved by the CITY prior to any effort being expended on such services or
work shall be authorized in writing under the ManagementReserve Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen cosu, or reimbursing the
CONSULTANT for additional work beyond that already defined in this Agreement. Such
authorization(s) shall be in writing,prior to the CONSULTANI'expending any effort on such
services, and shall not exceed $30,000. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the Management
Reserve Fund shall be negotiated and approved by the CITY prior to any eft'ort being expended
on suchservices.
5. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy, _
, timely completion and the coordination of all studies, analysis, drawings, specificarions, reports
and other services performed by the CONSLTLTANT under this Agreement. T'he
Agreement for Professionel Serviees AG-C-757 �
� September 26, 2007
Pege 2 of 75 �
CONSULTANT shall, without additional compensation, correct or revise any errors,omissions
or other deficiencies in its plans, drawings, specificarions, reports and other services required.
The CONSULTANT shall perform its services to conform to generally accepted professional
hydrogeologic consulting and the requirements of the CITY.
Any approval by the CITY under tlus Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for,any of the services shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law.
6. INDEMNIFICATION/HOLD HARMi.ESS.
The CONSiJLTANT shall indemnify and hold the CITY and iu officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at
law or equiry arising in whole or in part from the CONSULTANT'S negligence or breach of any
of iu obligations under this Agreement;provided that nothing herein shall require the
CONSULTANT to indemnify the CITY against and hold hazmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, theiragenu, officers and
etaployees and provided further that if the claims or suiu are caused by or result from the
concurrent negligence of(a)the CONSiJLTANT'S agenu or employees and(b)the CITY,their
agents, officers and employees,tivs indemnity provision with respect to (1) claims or suits based
upomsuch negligence, (2)the costs to the CITY of defending such claims and suits,etc. shall be
valid and enforceable only to the extent of the CONSiJLTANT'S negligence or the negligence of
the CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR/ASSIGNMENT.
Agreement for Professional Services AG-C-157
September 26, 2001
Page 3 of 15
The parties agree and understand that the CONSULTANT is an independent contracwr
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that this Agreement may not be assigned in whole or in part without the written consent of the
CITY.
8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, iu agenu, employees or subcontractors, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
liabiliry limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000)general aggregate. T'he CONSiJLTANT shall also provide
and maintain professional liabiliry coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1,000,000)per claim and ONE MILLION DOLLARS ($1,000,000) aggregate.
The general liability coverage sliall also provide that the CITY, iu officers, employees
and.agents aze to be covered as addirional insured as respects: Liability arising out of the
services or responsibilitiesperformed by or under obliga6on of the CONSiJLTANT under the
terms of this Agreement, by the CONSULTANT, iu employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respecu the CIT'1', its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees oragents shall be excess to the CONSiJLTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty
---------------------------
Agreanent for Vrofessionel Services AG-C-757
Septend�er 26, 2001
Page 4 of 15
(30) days prior written notice has been given to the CITY by certified mail return receipt
requested. All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of the
execution of this Agreement. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progresspayments under Section 3 unril the CONSULTANT has fully complied with this
section.
9. NONDISCRIMINATION.
' The CONSULTANT may not discriminate regazding any servicesor activities to which
tliis Agreement may apply directly or through contractual, hiring, or other arrangements on the
gronnds of race, color, creed, religion, national origin, sex,age, or where there is the presence of
any sensory, mental or physical handicap.
10. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books; specifications,reports, estimates, summaties and such other informaUon and
materials as the CONSULTANT may have accumulated,prepazed or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. Im addiuon, the CONSULTANT agrees to
maintain all books and records relating to its operation and "concerning this Agreement for a
period of six (6)years following the date that this Agreement is expired or otherwise terminated.
The CONSULTANT further agrees tliat the CITYmay inspect;any and all documenu held by the
CONSULTANT and relating to this Agreement upon good"cause at anyreasonable time within
the six(6) yeaz period. The CONSULTANT also agreesto provide to the CITY, at the CITY'S
---------------------------
Agreement for Professional Services RG-,C-757
�Septem6er �26, �2D01 �
Page 5 of 15
request, the originals of all drawings,documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
Reuse.by the CITY of any of the drawings, computer discs, documents, records, books,
specifications, reports, estimates; summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSLJLTANT shall be at the CITY'S sole risk.
11. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either pazty upon twenty (20)days written notice
to the other party,and based upon any cause. In the event of termination due to the fault of
other(s)than the CONSULTANT;the CONSULTANT shall be paid by the CITY for services
performed to the date of terminaUOn.
Upon receipt of a terminapon notice under the above pazagraph,the CONSULTANT
shall (1)prompdy discontinue all services affected as directed by the written norice, and(2)
deliver to the CITY all data,drawings, specifications,reports,estimates, swnmaries, and such
other information and materials as the CONSiJLTANT may have accumulated,prepared or
obtained in performing this Agreement,whether completed or in process.
12. GENERAL PROVISIONS.
12.1. T'his Agreement shall be governed by the laws, regulations and ordinances of the
City of Aubum, the State of Washington, King County,and where applicable, Federal laws.
12.2. All claims,disputes and other matters in question arising out of, or relating to,this
Agreement or the breach hereof,except with respect to claims which have been waived, will be
decided by a court of competent jurisdiction in King Coutrty;Washington. Pending final
decision of a dispute hereunder,the CONSLTLTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
AgreemeM� for Professional Serviees AG-C-157
Septm�ber 26, �2001 .
�Page 6 of� 75
123. The CITY and the CONSULTANT respectively bind themselves;their paztaers,
successors,assigns, and legal representatives to the other party to this Agreement with respect to
all covenants to tkris Agreement.
12.4. This Agreement represents the entire and integrated Agreement between the CIT'Y
and the CONSt1LTANT and supersedes all prior negoUations;representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the CONSiJLTANT.
12.5. Should it become necessary to enforce any tecm or obligauon of this Agreement,
' then all costs of enforcement including reasonable attomeys fees and expenses and court costs
shall be paid to the substantially prevailing party.
12.6. The CONSLJLTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.7. If any provision of this agreement is invalid or unenforceable,the remaining
provisions shall remain in force and effect.
Agreement�for DrofessioneL Services AG-C-757�
September 26, 2001 _
� , Vage 7 of 15�
CITY OF AUBURN
�� ►� -��-I-�
ChazlesA. Booth, Mayor
Date /d�.j'B/
ATTEST:
6 ,
D 71e E:Daskam, Ciry Clerk
Ar ROVED AS TO FORM:
Michael J. Reyno[ ; iry Attomey
Pa� andwater Group
B
Tide: 1C� '��'ILKQ.�✓`V
Address:- Z� l�� t�.Sl �����. Nt�1° �
Address: S e�V � 'P. l!�N !�/�i.•
�
Phone (z�o6) 3z9-ay/
F�# �z'��) 3Z9 ~(�f b�
Federal Tax,ID#��-�.3�-%�Z��
File:
REF: �H:IFORMS�FED54(R 4/Ol)
__"__'_'_"___'_'_________
AgreemeM for Professional Serviees�AG-C-157
September 26, "2001 �
Page 8 of 15
EXHIBIT A
SCOPE OF WORK
Pacific Groundwater Cnoup, (PGG) will use Aubum's groundwater-flow model and other
standard hydrogeologic analyses to evaluate the effects of groundwater withdrawals on the
surface waters in the Wlute and Green River watersheds. These pumping effects will be
evaluatedto estimate the change in condipons if proposed withdrawals aze added to the existing
(baseline)withdrawals. Other consultants will use the model results to evaluate effects on aquatic
habitats and fisheries. Our proposed hydrogeologic scope of work is described below.
PHASE 1:
Task A: Define Project Approach
PGG is not budgeted for this task.
Task B: Define Baseline and New Water Rig6t Conditions •
The purpose of this task is to define conditions for "Baseline" and "New" withdrawals and to
establish a numerical modeling approach that supports the project goals. ,
Subtask BI—Meeting#1
PGG and iu Subcontractor will attend a kickoff meeting with'all consultanu and the City. PGG
will prepaze and distribute a list of pertinent hydrogeologic and hydrologic data collected and
stored by PGG for the Auburn area.
Subtdsk B2 -Data Review and Mode!Adjustments
PGCr will review pertinent monitoring data collected since 1998, i.e. since the last yeaz for the
gtoundwater-model calibration period. We will evaluate the calibrated model's ability to
reasonably simulate the recent data. Small adjustments to the atodel aze budgeted in this subtask.
A brief inemorandum documenting ttie model's suitability for use under recent conditions will be
prepared for the City.
Subtask B3—Baseline and New Rights Analysis
T'he purpose of this task is to define /document the inpnt paramefers used in the groundwater
model and the type of model results needed for subsequent analyses. PGG will prepaze a brief list
of pertinent model input and output data:.
• Pumping rates and schedules,
' Agreement for Professionel Services AG-C-157 . .
September 26, 2001
Page 9 of 15 ,
• River boundary conditions, and
• Discretization of model output as agreed between PGG and Hydrology and Hydraulics
(H&I-n Consultant.
We have assumed that the H&H consultant will evaluate the river stage boundary conditions to
be used as input data for the groundwater model, including an appropriate range of stage
conditions for Subtask C3.
Model results will be scale-appropriate (space and rime) and determined in consultation with the
H&H team member.
Information genented in this task and previously published documents will be used in the Phase
I Water Resource Plan prepazed by the City's project manager and the City's water rights
attorney.
Deliverable: Written list documenting model input and space/time discreuzation of model output.
Subtask B4—Meeting#2
PGG willmeet with the H&H consnitant and other projectparticipants to present and discuss the
results of work completed under Subtask B3. Our cost estimate includes time for meeting
preparation.
Task C; Hydrogeologic Analysis
The purpose of this task is to simulate the effecu of n8w groundwater withdrawals from Wells
6/7 using the Aubum groundwater mbdel. PGG's scope includes nine simulations. The resulu of
each simulation will be tabulated and faxed/emailed to project team members. Ow budget
includes three meetings under Task C (Meetings 3, 4, and 5) to present and discuss these
� analyses. The main purpose of these meetings will be to agree upon which model results will be
used by the,H&H in their analyses.
Subtask Cl—Simulations I and 1
PGG and iu subconsultant will simulate baseline withdiawals (simulation 1) and proposed
withdrawals (simulation 2). We anucipate the pumping schedule for simulation 2 will be based
on the criteria of matching the.seasonal variations in the City's water demand, i.e. substantial
"peak" pumping with some "off peak" pumping. Results of simulations 1 and 2 will be
compazed,tabulated,transmitted,and discussed at Meeting# 3.
Subtask C2—Simulation 3
PGG and its subconsultant will simulate new withdrawals, wherein pumping is distributed over
time so that largest effects to river systems will be shifted from periods of lower river discharge
to periods of lugher river discliazge. Resalts of simulaUOns 1 and 3 will be compared, tabulated,
transmitted, and discussed at Meeting#4..
Subtask C3—Parnmeter Variation-Simularions 4 tkrough 9
---------------------------
Agreement for Professianel Servites AG-C-157
Septm�ber 26, 2001
Page 10 of 15 �
PGG and iu subconsultant will vary selected model pazameters under simulations 1 and 2, or 2
and 3, depending on which simulations aze preferred following discussions with other team
members. These model simulations will estimate how much the flow reductions in the rivers
would change if model parameters change. "I'his will provide a range of results that can be carried
through the subsequent analyses. The model parameters to be varied will include:
• River stage (based on input from H&H consultant)
• Well dischazge
Subtqsk C4-Meeting#S
The resulu of subtasks C1, C2 and C3 will be discussed with the appropriate project participants.
The data from these tasks will be h�ansferred to the H&H consultant for the hydraulic analysis.
PGG and its subconsultant will write a brief summary memoranduxn that includes pertinent
information generated in Task B andTask C.
Task D: Hydraulic Analysis
PGG will have a supporting role in this task.
S�ebtask DI—Analytical Support
PGG will provide hydrologic data to the H&H consultant and other members of the project team.
This will likely include transfer of river stage and dischaige data from monitoring stations
maintained by the Ciry and PGG. PGG will also review elements of the H&H consultant's work.
Task PM 1: PGG Project Management
PGG will commiuucate with project participanu on data needs and track scheduled milestones
and 6udget. Project schedule and budget updates will be communicated on montlily basis to the
City's Project Manager.
PHASE 2:
Task E: Water Quality, Fish/Aquatic Habitat Analysis
PGG will have a supporting role in this task.
Subtask EI—Analytica!Suppon
PGG will provide review support and data to the consultants. This will likely include transfer of
groundwater quality and temperature data managed by PGG for the City.
Agreement for Professicnal Services AG-C-757
September 26, 2001
Page 77 of 75 �
Task F: Analyze Goal
The pwpose of this task is to evaluate if a"no effect"analysis result can be achieved.
Subtqsk Fl—Meeting#6
PGG will participate in a team meeting to examine available analytical results and if these results
meet a "no effect" standard. PGG's scope includes time to review analytical resulu prior to the
meeung.
Task G: Optional: Analyze Results/Relationship to Project Effe.cts Goal
The purpose of this task to develop practical water resource man�ement strategies to offset the
"effecu"so that the "no effect"standaazd can be met. Subtasks Gl —G4 will be conducted only if
the"no effect"standard cannot be met based on work perFormed in Tasks C through F.
Subtask GI—Meeting#7
PGG will prepaze for and participate in a team meeting to idenUfy mitigation that allows the "no
effect" standard to be met. Various mitigation strategies of varying degrees of practicality will
tie"reviewed and considered.
Hydrogeologic-based mitigation strategies can be analyzed using the Aubum groundwater
model. Some may require model adjustrnents to achieve the necessary model data resolution.
We assume the City and team members will select a single mitigation strategy as a result of this
meeting.
Subtask G2—Simulation 10 •
PGG will model the selected mitigation identified in Subtask Gl. PGG will repeat Taslcs C
tUiough F to evaluate the hydrogeologic aspecu and stream flow results of the selected
mitigation strategy Results of simulations 1 (baseline) and 10 will be compazed, tabulated,
uansmitted,and discussed with project participants.
Subtask G3—Parameter Variation-Simulations 11 through 14
PGG will vary selected model parameters based on simulation 10 resulu. 1'hese model
simulations will estimate how much the flow reductions m the rivers would change if model
pazameters change. This will provide a range of results that can be carried through the
subsequeat analyses. The model parameters to be varied will include:
• River stage (boundary condition)
• Other(dependent on selected mitigatiori strategy)
Subtask G4-Meeting#8
Agreement for Professional Serviees AG-C-157
September�26, 2001
Pege 12 of 15
The results of subtasks G2 and G3 will be discussed with the appropriate pmject participants.
� The data from these tasks will be transferred to the HBcH consultant for the hydraulic analysis.
Task H: Complete Biological Assessment and Tec6nical Reports
• PGG's role on this task will be to document the hydrogeologic,analysis and results.
Subtask HI—Prepare Hydrogeologic Analysis Technica!Document
PGG will prepare a report summarizing the hydrogeologic analyses conducted to support the
wat_er right application for Wells 6 and 7 filed in 1995. T'he repon will describe tlie methods and
procedures used, the timing and spatial distribution of simulated effects on the Wlute and Green
Rivers, and will provide tables and graphs of model results.
Deliverable: Hydrogeologic Analysis Report
Task I: Assist with Water Resource Management Plan
Subtask II—Documentation Support
PGG will provide review and comment for pertinent secrions Water Resource Management Plan.
Task J: Prepare SEPA Analysis
PGG's mle for this task will be determined in yeaz 2002.
Task PM 2: PGG Project Management
PGG will communicate with project participants on data needs and track-scheduled milestones
and budget. Project schedule and budget updates will be communicated on montlily basis to the
City's Project Manager.
Agreement for Professionel �5erviees'AG-C-157 ,
�8eptember.26, �2001
Pege 73 of 75
EXHIBIT B
PIIASE 1 COST ESTIMATE � �
LABOR COSTS OTHER COST8
Suppo�-TechnitallGlS AswrlSenior Principal Wboi DirectCosb Subtask �
E4U E75 E85 595 Cost NoltllWest CoSt
(Item) (Cosl) Land 8 Water Total
TasM!Subtask DeuripUOn �
Tqk A Oeflne Pro�ect Approach 0 0 0 0 SO SO
- Task B Deflna 8asellna and New Water Righb 577.575
SubtaskBl-Meetlng07 5 5 5850 PrOdlMile'Phone 5720 57,280
Subtask 82 -Dafe Rev I Modal ACJuatme�rta 40 4 15 E4,785 Memo O��on 5100 53,200
Sublask BJ-Bueline and New Righ4 Anaysla Io 10 53,950 Memo produdion S10o 57,800
Subtask8l-MeaUngi2 5 5� 5850 Prod/Mi1rlPlrone 5120 t840
Teak C NyArobgadogk Analysls � � � . . .. .
520.570
Subfeak Ct-8lmulatlo�u 1 and f(meefl�g 07)� � 15 4 10 52,415 54,000
SubfeskC2-8lmulatlun�,(maedrgA4) � 15 4 10 52,415 52,000
Subtask CS-Paromater VaAaGon•Slmulationa 4 to 9 20 10 52,450 56,000
Subtask C4-Maetlng p5 5 5 5850 ProdlMile/Ptrone t120 E320
Task D Hydraulic Mayab
Sublask D1-Malyfital Supporl 20 10 52.450 5800 53,250
Teek PM7 PG6 Pro)ect Managemant � 70 25 E2.775 Subcontrad hanUliig 10% 51,984 54,75a
iOTAL HOUR ESTIMATES�- - - � 10 185 12 �105� 292
SUBTOTALDOILAFiS SI00 212,375 51,020 t9,e75 573,770� 5580 521�.824 f�6,164
� 84
reaecr eroim
Apiieertenl far Piolnsianal Seniees AGC-157
$ep(Bmber24.2001
� Pepe fIO/15 - .
DIRECT NON-S:ALARY REIMBITRSABLE EXPENSE5
� Reproduction Fees
e Communication Fees
� Mileage at$0.345/mile or the current approved IRS rate:
It is understood that all reimbursements.aze at cost plus a 10%mazkup.
Subcontracts: The CONSULTANT,atthe CITY'S request shall enter into subcontracts with
other consultants,such as appraisers and/or environmental consultants;etc: If approved, the
CIT'I' shall reimburse the CONSiJI:TANT for the actual cosYof the subcontra_cts plus a 10%
markup io cover the CONSiJLTANT'S additional overhead expense associated with the
Subcontract.
Agreement for Professional Services AG-C-157 .
Septenber 26, 2U01 �
Vage 15 of�15 �