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HomeMy WebLinkAbout000619 Original Contract'City of Port Angeles Record #000619 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LAYNE CHRISTENSEN RELATING TO: Performance Testing of Ranney Well J THIS AGREEMENT is made and entered into this �x day of vG 2013, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY") and Layne Christensen, located at 6360 Huntley Road, Columbus, OH 43229 authorized to do business in the state of Washington (hereinafter called the "CONSULTANT WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK The scope of professional services to be performed by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. The CONSULTANT agrees that all services performed under this Agreement shall be in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. There are no third party beneficiaries of the City- Consultant Agreement and no one except the parties to this Agreement may seek to enforce its terms. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and Performance Testing of Ranney Well Professional Services Agreement Contract Page 1 of 7 without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the Agreement shall extend through December 31, 2013. The schedule for this specific tasks is in Exhibit B attached to this agreement. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S time and expense cost and shall include actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit D. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work and employee name; shall indicate the specific task or activity in the Scope of Work to which the costs are related. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of 50,000, including prevailing wage rates and all applicable taxes. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $50,000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The Contractor Performance Testing of Ranney Well Professional Services Agreement Contract Page 2 of 7 is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance services to be provided within the scope of work. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days Performance Testing of Ranney Well Professional Services Agreement Contract Page 3 of 7 written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XII INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials and employees harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent or intentional acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials and employees of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XIII INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. Performance Testing of Ranney Well Professional Services Agreement Contract Page 4 of 7 No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the CONSULTANT's profession. B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The CONSULTANT's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self- insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance and shall not contribute with it. 2. The CONSULTANT's shall provide the CITY and all additional insured's with written notice of any policy cancellation, within two (2) business days of their receipt of such cancellation. Performance Testing of Ranney Well Professional Services Agreement Contract Page 5 of 7 3. Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five (5) business days notice to the CONSULTANT to correct the breach, immediately terminate the Agreement, at its discretion, procure or renew such insurance and pay any and all premiums in connection there with, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. XIV APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XV EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Attachment A Attachment B Attachment C Attachment D Scope of Work Schedule of Tasks Budget of Initial Tasks Consultant Labor Costs and Non -Salary Reimbursable Cost Performance Testing of Ranney Well Professional Services Agreement Contract Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES Dan McKeen, City Manager CONSULTANT aVA/e C eArlAisexi c o•feiAl y L/ 14. rdci At Sra414 TITLE: l 771c r ,71.4J.k"fle- APPROVED AS TO FORM: V ATTEST: William Bloor, CI y Attorney sa Hurd, City Clerk Performance Testing of Ranney Well Professional Services Agreement Contract Page 7 of 7 Attachment A Scope of Work As a result of removing the Elwha and Glines Canyon Dams, sediment that was stored behind the dams is currently washing down the river and re- depositing to some degree within the river channel throughout its length. This layer of sediment upstream and downstream from the Ranney collector well may be restricting recharge of the river water into the aquifer that fills the river valley and underlies the river. A reduction in infiltration /recharge to the aquifer may impact the performance of the Ranney collector well, as might the continued presence of the main channel of the river, and majority of flow within the river, toward the opposite river bank from where the well is located. The Scope of Work shall include professional services to evaluate the Ranney well performance which shall encompass the following professional services: Task 1: Permitting The Consultant shall obtain all necessary permits for the construction and operation for the well(s). This shall include a Resource Protection Well Permit. Task 2: Observation Well Installations Activities: Consultant shall provide the City with installation of two (2) observation wells. 1) Install an observation well within 50 feet of the Ranney collector. This well is to replace the observation well lost during the installation of the gabions. 2) Install an observation well 250 -300 feet from the Ranney collector in a direction to the south and/or east. 3) The borings shall be made to a minimum depth of 60 feet below grade 4) A 2 -inch diameter PVC observation well shall be constructed in each boring, with 10 -foot section of screen set at the approximate elevation of the lateral well screens in the Ranney collector well. 5) The wells shall be completed with flush -grade caps 6) The drilling, well construction and development procedures shall be supervised by a Hydrogeologist experienced with testing and evaluation of Ranney collectors. 7) The method of drilling is using 6 -inch diameter sonic, or rotasonic, drilling technology with continuous formation sampling. The samples shall be extruded into plastic sampling bags at the site. Lithologic samples shall be obtained every 5 feet and at each change in formation materials from the ground surface to the completion depth. Samples shall be placed in suitable containers, Performance Testing of Ranney Well Professional Services Agreement Attachment A Page 1 of 3 plainly identified as to date of collection, boring number, and depth of stratum. Sieve or gradation analyses shall be performed on up to 6 lithologic samples collected from the unconsolidated aquifer material in order to better characterize the nature of the aquifer materials. Following installation, each well shall be developed to assure openness to the aquifer. Task 3: Well Pumping Test Activities: The consultant shall provide the City a controlled pumping test that shall be conducted on the Ranney collector well for a period of at least 6 -hours at a pump rate that will allow the water levels to stabilize during the testing period. This task shall encompass the following professional services: Conduct a step drawdown test to evaluate possible test pumping rates to be used for the constant rate pumping test. A. During the test, water level evaluations shall be monitored in the Ranney collector well, in the two new observation wells, in the river adjacent to the well, in one or more other observation well that may be available on the site (e.g. one of the production wells used by the hatchery) using a computer assisted data acquisition unit that utilizes pressure transducers. B. Testing shall include constant rate pumping tests utilizing the City's pumps with measurements of discharge based upon instrumentation by the City. The Ranney well shall be allowed to recover for a minimum of 12 hours, or as determined by the supervising Hydrogeologist, before the constant rate pumping test is started. C. During the pumping test, a diver shall enter the Ranney well to obtain underwater color photographs, conduct lateral flow analysis and to observe screen condition. D. After drawdown has substantially stabilized, the Hydrogeologist shall measure the relative velocity of the flow from each of the laterals using remote velocity measuring equipment. E. The water level in the Elwha River shall also be monitored during the test. Water levels shall be measured to the nearest 0.001 foot. F. Elevation control and location of all wells, borings, and measuring points shall be surveyed for location maps and potentiometric surfacing mapping. The City shall provide surveying services for these points. G. The Consultant shall furnish all necessary equipment to monitor water levels during the specified pump tests. Performance Testing of Ranney Well Professional Services Agreement Attachment A Page 2 of 3 Task 4: Test Data Analysis Support Activities: The Consultant shall provide the City a report summarizing all data collected during the well testing, including recommendations on potential operating parameters during the upcoming years. This task shall encompass the following professional services: 1. Results of the well pumping test shall be analyzed to evaluate the operating efficiency of the Ranney collector well and to make projections of yield and anticipated operating conditions. 2. The report shall summarize all data collected during the well testing and include recommendations on potential operating parameters during the well testing and include recommendations on potential operating parameters during the upcoming years. The report shall also include: Deliverables: A. Review of operational data for the Ranney collector well provided by the City. B. Outline potential remedial measures to enable the Ranney collector well to continue to meet City water demands. 3. All pertinent data collected during the project shall be useful to facilitate future comparisons of well screen condition, sediment deposition, and flow distribution. 1. Draft Report 2. Final Report Assumptions: 1. City shall provide review comments on the Draft Report in two weeks. END OF ATTACHMENT Performance Testing of Ranney Well Professional Services Agreement Attachment A Page 3 of 3 Attachment B SCHEDULE OF TASKS Task 1 shall be completed by July 31, 2013 Task 2 shall be completed by August 16, 2013 Task 3 shall be completed by August 31, 2013 Task 4 (Draft Report) shall be completed by September 27, 2013 END OF ATTACHMENT Performance Testing of Ranney Well Professional Services Agreement Attachment B Page 1 of 1 Task Task 1: Permitting Task 2: Observation Well Installations Task 3: Well Pumping Test Task 4: Test Data Analysis Support ATTACHMENT C BUDGET OF INITIAL TASKS Estimated Labor Cost $1,000 $4,000 $6000 $10,500 Estimated Direct Cost I $0.00 $2,400 $3,000 I $1,500 All tasks above (Task 1 through Task 4) shall be paid on an hourly (time and materials) basis. END OF ATTACHMENT Estimated Sub consultant Cost $0.00 $16,600 $5,000 $0.00 Total Cost 1 1 1 1 1 Total Budget $1,000 $23,000 $14,000 $12,000 $50,000 Performance Testing of Ranney Well Professional Services Agreement Page 1 of 1 Attachment D Consultant Labor Costs and Non -salary Reimbursable Cost Labor Category Principal Supervising Geologist/Engineer Project Manager Senior Project Geologist/Engineer Senior Geologist/Engineer Project Geologist/Engineer Staff Geologist/Engineer Draftsperson/Technician Word Processor Direct Exoenses Mileage SE 3000 Data Acquisition Unit Pressure Transducers Field Equipment (pumps, meters and misc.) Safety Monitoring Equipment PID Explosive gas meter Travel and living expenses Subcontractor services Hourly Rates 150.00 140.00 125.00 115.00 105.00 90.00 80.00 65.00 50.00 Performance Testing of Ranney Well Professional Services Agreement $0.6 per mile $0.65 per mile 4 -wheel drive $750.00 per week 250.00 per day 25.00 per day $75.00 per day $30.00 per day Cost Cost plus 15% END OF ATTACHMENT Attachment D Page 1 of 1