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HomeMy WebLinkAboutR-1999-144 Draft Stormwater regulationsRESOLUTION NO. R-99- 144 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with HDR Engineering, Inc., for engineering and consulting services concerning draft stormwater regulations proposed by the Washington State Department of Ecology. WHEREAS, the City requires engineering and consulting services to analyze and respond to draft stormwater regulations proposed by the Washington State Department of Ecology; and WHEREAS, HDR Engineering, Inc., represents it has the expertise necessary and is willing to perform the engineering and consulting services required by the City in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with HDR Engineering, Inc., for said engineering and consulting services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated professional services agreement with HDR Engineering, Inc., for engineering and consulting services concerning draft stormwater regulations proposed by the Washington State Department of Ecology. ADOPTED BY THE CITY COUNCIL this 16th day of November, 1999. ATTEST: JC�mc City Clerk res/ hd r engineering/ nov 99/ pm ez John Puccinelli, Mayor AGREEMENT BETWEEN CITY OF YAKIMA AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this L g day of November, 1999, between City of Yakima ("OWNER") with principal offices at 129 North 2nd Street, Yakima, WA 98901, and HDR ENGINEERING, INC. ("ENGINEER"), a Nebraska corporation, with principal offices at 2805 St. Andrews Lp., Suite A, Pasco, WA 99301, for services in connection with the project known as Stormwater Regulation Consulting Services ("Project") to assist the OWNER to analyze and respond to draft stormwater regulations proposed by the Washington State Department of Ecology (WDOE); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") to assist the OWNER to analyze and respond to draft stormwater regulations proposed by WDOE; and WHEREAS, ENGINEER desires to assist the OWNER to analyze and respond to draft stormwater regulations proposed by the WDOE as described in Exhibit A - Scope of Services. NOW, THEREFORE, OWNER and ENGINEER, in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER shall perform the tasks outlined on the Scope of Services which is attached to this agreement as Exhibit A and is incorporated into this Agreement by this reference as if fully set forth herein. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc., Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc., Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER's services under this Agreement shall be on the basis outlined in Exhibit C, which is incorporated into this Agreement by this reference as if fully set forth herein. C.\Karen's Files\AGREEMENTS\PETERSON\HDR\hdr kl.doc AGREEMENT FOR PROFESSIONAL SERVICES Page 1 of 2 SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER's services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER's services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER's compensation shall be equitably adjusted. ,-IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. (;:rf k 9,41 - BY: NAME: TITLE: ADDRESS: ATTEST: BY: NAME: TITLE: ADDRESS: CITY OF YAKIMA "OWNER" Richard A. z'' is, Jr. City Manager 129 North 2nd Stree Yakima, WA 98901 Karen S. Roberts City Clerk HDR ENGINEERING, INC. "ENGINEER" l� y Bleeker enior Vice President 500 108th Avenue NE Suite 1200 Bellevue, WA 98004-5538 C: Karen's Files\AGREEMENTS\PETERSON\HDR\hdr kl.doc AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 2 EXHIBIT A - SCOPE OF SERVICES CITY OF YAKIMA STORMWATER REGULATION CONSULTING SERVICES GENERAL The City of Yakima prepared a Comprehensive Storm Water Management Plan in 1993 and a Metropolitan Yakima Drainage Criteria and Design Manual in 1994. These documents were prepared as an integral part of the City and County planning activities under the Growth Management Act for the Metropolitan Yakima Area. In addition, these documents were prepared in anticipation of forthcoming rules to be promulgated by the Environmental Protection Agency (EPA) and the Washington Department of Ecology (WDOE). The WDOE has prepared draft regulations compiled in a manual entitled "Stormwater Management in Washington State," consisting of 5 volumes and over 700 pages dated August and September 1999, and the EPA has published the Draft "NPDES Phase II Permit Regulations for Storm Water Discharges" for communities of less than 100,000 population dated October 29, 1999. SERVICES ENGINEER and its sub -consultants shall assist the OWNER to analyze and respond to draft stormwater regulations proposed by the WDOE by performing the following tasks: 1. Review the WDOE and EPA proposed rules and regulations and prepare an issue paper on the anticipated impacts of the rules and regulations on the City of Yakima. 2. Assist the OWNER in providing comments to WDOE on their Draft Manual and to EPA on their Phase II rules and regulations. Comments are intended to direct attention to issues specific to the City of Yakima and to issues of storm water management in dry climatic conditions. 3. Review the OWNER's 1993 Comprehensive Storm Water Management Plan and prepare an issue paper identifying any modifications and changes which would need to be included to meet WDOE and/or EPA rules and regulations. 4. Review the OWNER's 1994 Metropolitan Yakima Drainage Criteria and Design Manual and prepare an issue paper identifying any modifications and changes which would need to be included to meet WDOE and/or EPA rules and regulations. 5. Meet with the City of Yakima, prepare and conduct briefings, and respond to requests of the City of Yakima as directed by the Public Works Director. 6. Assist the City of Yakima on other matters as may be agreed to in writing by and between the City of Yakima and HDR Engineering, Inc. C:\Karen's Files\AGREEMENTS\PETERSON\HDR\hdr k ex al.doc STORMWATER REGULATION CONSULTING SERVICES EXHIBIT A - SCOPE OF SERVICES Page 1 HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services fumished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Further, ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. 5. CONTROLLING LAW This Agreement is to be govemed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER - furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soilskgeotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER -furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attomey, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 8. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, harmless ENGINEER from all cla' expenses, incl , losses and eys fees, arising or resulting Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 1 (1/1999) 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to - proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to Engineer that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER'S services under this Agreement. If ENGINEER's services hereunder cannot ,be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. T OWNER shall indemnify and hold harmless ENGINE , its officers, directors, partners, employees, and sub - sultants from and against all costs, losses, and dam.: - (including but not limited to all fees and char, ... of engineers, architects, attomeys, and other profe '•nals, and all court or arbitration or other dispute rte- tion costs) caused by, arising out of or resulting frog- azardous materials, provided that (i) any such cost, I• -, or damage is attributable to bodily injury, sickness, dis>-'.e, or death, or injury to or destruction of tangible prop (other than completed Work), including the loss of e resulting therefrom, and (ii) nothing in this paragr• • shall obligate OWNER to indemnify any individual or = tity from and against the consequences of that 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. • including but not limited to special and con ential arising out of or in connection with erformance or any other cause, i rng ENGINEER's negligent acts, e , or omissions, shall not the greater of :,e00 or the total compensation by ENG R hereunder, except as otherwise u this Agreement, and OWNER hereby and holds harmless ENGINEER from any liability damage, damages of services professional exceed received provided rele • Terms & Conditions for Professional Services 2 (1/1999) EXHIBIT C - COMPENSATION HDR, INC. - CITY OF YAKIMA STORMWATER REGULATION CONSULTING SERVICES The total compensation to be paid to ENGINEER for services and expenses under this Agreement shall not exceed the total amount of Fifteen Thousand Dollars ($15,000.00). Compensation for ENGINEER's services under this Agreement shall be on the basis of per diem, as defined below. The following are the per diem rates for ENGINEER's staff for this Project: Anthony Krutsch Randy Hayden Lise Pederson Stephanie Houser Leslie Kirk $147.00 $ 85.00 $ 80.00 $ 40.00 $ 31.00 Hourly per diem rates for ENGINEER's staff not included in the above list shall be calculated as set forth herein. The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER's compensation as Reimbursable Expenses. Definitions "Per Diem" shall mean an hourly rate equal to Payroll Cost times a multiplier of 2.30 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. "Payroll Cost" shall mean salaries and wages (basic and overtime) paid to all personnel engaged directly on the Project, plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. For this Agreement, the amount of customary and statutory benefits of all personnel will be considered equal to thirty-five percent (35%) of salaries and wages. "Direct Labor Cost" shall mean salaries and wages (basic and overtime) paid to all personnel engaged directly on the Project. "Reimbursable Expense" shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation, travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add five percent (5%) to invoices received by ENGINEER from sub - consultants and subcontractors to cover supervision, administrative, and insurance expenses. C:\Karen's Files\AGREEMENTS\PETERSON\HDR\hdr k ex bl.doc STORMWATER REGULATION CONSULTING SERVICES EXHIBIT C - COMPENSATION Page 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. (3 For Meeting Of 11/16/99 ITEM TITLE: Resolution Authorizing City Manager and City Clerk to Execute a Professional Services Agreement with HDR Engineering, Inc. for State and Federal Mandated Stormwater Regulation Review and Other Necessary Work Products SUBMITTED BY: Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Chris Waarvick/576-6411 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the execution of a professional services agreement with HDR Engineering, Inc. These services have become necessary because of the recent promulgation of draft Washington State Department of Ecology (Ecology) Stormwater regulations, Final Federal Environmental Protection Agency (EPA) Stormwater regulations (NPDES I1) and the overlaying affect of emerging Endangered Species Act (ESA) requirements. Please refer to the Preston Gates and Ellis memorandum dated 11/10/99 for a brief review of the current regulatory status. (...Continued on next page...) Resolution X Ordinance _Contract X Other (Specify) Preston Gates Ellis Memo dated 11/10/99 Funding Source 1999 Street Budget Savings APPROVED FOR SUBMITTAL: City a ager STAFF RECOMMENDATION: Staff respectfully requests City Council approval of the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: While the ultimate cost of activities required of the City with regards to the above mentioned mandates may be very high, staff recommends that $15.000 be utilized to provide internal and public advice, guidance, and written comments with respect to Ecology's stormwater plan. These comments are due to the State by December 15, 1999. The funds will come from projected savings in the 1999 Street Budget. The cash balance of this fund can accomodate this expenditure and will be encumbered into budget year 2000. Historically, stormwater activity funding of activities like this have come from the Wastewater budget. Staff does not recommend continued Wastewater funding of stormwater activities at this time. While there is a direct and logical link of stormwater to wastewater, the situation has broadened and now appears to include direct effects to Streets, Planning, Codes, Engineering and certain operational facilities which the City owns. While the current draft Ecology document is heavily influenced by west side history and conditions (more rainfall, for example), Ecology has requested comments from eastern Washington with respect to many of the provisions of the draft regulations. It is important that the City comment on this draft because of the tremendous cost implications of potentially required capital programs, regulatory administration, and operation and maintenance activities. Staff conducted a brief, preliminary internal review of the current stormwater situation with Councilman Clarence Barnett on 11/4/99. The need for and use of professional consulting services was discussed with Councilman Barnett at that briefing.