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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 �