HomeMy WebLinkAboutR-2013-025 HDR Engineering, Inc. Intake Alternatives for Naches-Cowiche Dam Diversion ConsolidationRESOLUTION NO. R- 2013 -025
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a contract with HDR Engineering, Inc. to provide screening
level assessment of intake alternatives to the City for their consideration
so we might assess potential options for the Naches - Cowiche Dam
Diversion Consolidation Project in order to determine a preferred option.
WHEREAS, the City of Yakima is participating in the Naches - Cowiche Dam
Diversion Consolidation Project in partnership with other state and federal agencies as well
as other stakeholders;
WHEREAS, the City and the other partners need to assess all potential options in
consultation with the stakeholders in order to determine a preferred option;
WHEREAS, HDR Engineering, Inc. has the expertise to provide these professional
services and is prepared and qualified to offer them in accordance with the terms of the
professional services contract with the City; 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 "City of Yakima — HDR Engineering, Inc. Professional
Services Agreement" for professional services to provide screening level assessment of
intake alternatives to the City for their consideration so we might assess potential options for
the Naches - Cowiche Dam Diversion Consolidation Project in order to determine a preferred
option.
ADOPTED BY THE CITY COUNCIL this 19th day of February, 2013.
�- UO4 Guiz
ATTEST. ' Np1;�N+ys� Micah Cavyley, Mayor
City Ulerk
SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING,
INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this day off, /sue /�/(, ,
2013, between City of Yakima ( "OWNER ") a Municipal corporation, with prit�Vpal
offices at 129 North Second Street, Yakima, WA 98901, and HDR ENGINEERING,
INC., ( "ENGINEER ") a Nebraska corporation, with principal offices at 8404 Indian Hills
Drive, Omaha, Nebraska, 68114 for services in connection with the project known as
(Intake Alternatives) ( "Project ");
WHEREAS, OWNER desires to engage ENGINEER to provide professional
engineering, consulting and related services ("Services ") in connection with the Project;
and
WHEREAS, ENGINEER desires to render these Services as described in
SECTION I, 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 will provide Services for the Project, which consist of the Scope of Services
as outlined on the attached Exhibit A.
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 shall be on a time and materials basis with a
not -to- exceed limit of $19,050. Invoices shall be prepared on a monthly basis.
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
described in Exhibit A within the time period(s) described in Exhibit A.
Agreement for Professional Services 1 7 -2010
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.
SECTION VI. SPECIAL. PROVISIONS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF YAKIMA
"OWNER"
BY:
NAME:
TITLE: 0 T,:
ADDRESS: 129 North Second Street
Yakima, WA 98901
HDR ENGINEERING, INC.
"ENGINEER"
BY:
NAME: William Blavlock
TITLE: Sr Vice President
ADDRESS: 4717 97th St NW
Gig Harbor, WA 98332
CITY CONTRACrNOd-:IMl / 3'vT3
RESOLUTION NO:�lN���Oa'S�
Agreement for Professional Services 2 7 -2010
EXHIBIT A
SCOPE OF SERVICES
The intent of this scope of services is to provide a screening level assessment of intake
alternatives to the City for their consideration. These alternatives are to be reviewed by
the City for selection of preferred alternative(s) which can be evaluated further as part of
the next phase of work. It is anticipated that alternative development will be performed
in the field with City staff as well as through option development by our design team.
Alternatives will be evaluated on a qualitative basis using a matrix assessment. The
matrix table will compare each of the alternatives relative to several evaluation factors
such as relative capital cost, level of O &M effort, compliance with WDFW/NOAA
guidelines, reliability, and permitting requirements. Upon completion of the matrix
assessment, a draft letter report will be developed that will summarize the methods and
results of the initial screening assessment. The draft letter report will be sent to the City
for review. After receipt of any comments the City may have, HDR will finalize the
letter report and make recommendations for further evaluation. HDR anticipates that
alternative development and selection of a preferred alternative will require stakeholder
coordination and input from the Yakima County Flood Control Zone District, Yakama
Nation, North Yakima Conservation District, WDFW, and WSDOT. To facilitate the
transfer of information with these entities HDR has included two separate meetings to be
held in the City of Yakima. The meetings are to be coordinated by the City of Yakima at
a time and place that is appropriate to maintain workflow of the project.
HDR will:
1. Work with the City to obtain readily available information pertinent to
establishing existing conditions, future proposed projects, and alternative
development;
2. Attend a site visit with the City site to identify the apparent alternatives and to
establish the comparative assessment evaluation factors;
3. Provide documentation of the meeting to the City that includes the list of potential
alternatives and °evaluation factors generated during the site visit;
4. Develop a draft letter report that summarizes the methods and results of the initial
screening assessment for up to five alternatives. Submit the letter report to the
City for review and comment;
5. Incorporate comments received by the City and finalize the letter report.
6. Attend two meetings near the City of Yakima to coordinate with project
stakeholders.
Exhibit A Page l of 2 January 9, 2013
Deliverables:
Electronic copy of meeting notes documenting the results of the site visit with the
City,
Electronic copy of Draft Letter Report and evaluation matrix; and
Electronic copy of Final Letter Report and evaluation matrix.
Assumptions:
• The site visit and stakeholder coordination meetings will be attended by HDR's
lead engineers and will include travel costs and expenses.
• Meeting time and attendance will be coordinated by the City of Yakima.
• The City will respond to comments in a single consolidated format for
incorporation by HDR.
• Upon direction from the City, HDR will develop an additional scope of services
and fee to initiate further evaluation and development of preferred alternatives as
needed.
Schedule:
HDR anticipates that deliverables will be provided as follows:
Deliverable /Activity
Site Visit and Project Initiation
Meeting notes documenting the results of the site visit with the City
Electronic copy of Draft Letter Report and evaluation matrix
First Stakeholder Meeting
Electronic copy of Final Letter Report and evaluation matrix
Second Stakeholder Meeting
Weeks after NTP
2
3
7
9
12
14
Exhibit A Page 2 of 2 January 9, 2013
EXHIBIT B
TERMS AND CONDITIONS
Exhibit B January 9, 2013
HDR Engineering, Inc.
Terms and Conditions for Professional Services
STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and its employees
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 /INDEMNITY
ENGINEER agrees to procure and maintain, at its expense, Workers'
Compensation insurance as required by statute; Employers 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. 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 claims to the
extent caused by ENGINEER's negligent acts, errors or omissions.
However, neither Party to this Agreement shall be liable to the other Party
for any special, incidental, indirect, or consequential damages arising out
of, resulting from, or in any way related to the Project or the Agreement
from any cause or causes, including but not limited to any such damages
caused by the negligence, errors or omissions, strict liability or breach of
contract.
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 furnished 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. ENGINEER shall not be responsible for the acts or
omissions of the contractor or other parties on the project. ENGINEER shall
be entitled to review all construction contract documents and to require that
no provisions extend the duties or liabilities of ENGINEER beyond those set
forth in this Agreement. OWNER agrees to include ENGINEER as an
indemnified party in OWNER's construction contracts for the work, which
shall protect ENGINEER to the same degree as OWNER. Further,
OWNER agrees that ENGINEER shall be listed as an additional insured
under the construction contractor's liability insurance policies.
CONTROLLING LAW
This Agreement is to be governed 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.
Exhibit B
OWNER will furnish the services of soils /geotechnical 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 - fumished 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 attorney,
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 or claims arising therefrom 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, and OWNER will
defend, indemnify and hold harmless ENGINEER from all claims,
damages, losses and expenses, including attorney's fees, arising or
resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER.
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.
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
(8/2012)
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 thirty (30) 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 for individuals based on color, religion, sex, or
national origin, or disabled veteran, recently separated veteran, other
protected veteran and armed forces service medal veteran status,
disabilities under provisions of executive order 11246, and other
employment, statutes and regulations, as stated in Title 41 Part 60 of the
Code of Federal Regulations § 60 -1 4 (a -f), § 60 -300.5 (a -e), § 60 -741 (a-
e).
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
delay, 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,
Terms & Conditions for Professional Services 2
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. To the
fullest extent permitted by law, OWNER shall indemnify and hold
harmless ENGINEER, its officers, directors, partners, employees, and
subconsultants from and against all costs, losses, and damages
(including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration
or other dispute resolution costs) caused by, arising out of or resulting
from hazardous materials, provided that (i) any such cost, loss, or
damage is attributable to bodily injury, sickness, disease, or death, or
injury to or destruction of tangible property (other than completed Work),
including the loss of use resulting therefrom, and (ii) nothing in this
paragraph shall obligate OWNER to indemnify any individual or entity
from and against the consequences of that individual's or entity's sole
negligence or willful misconduct.
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.
17. ALLOCATION OF RISK
OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND
REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING
ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE
TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST
EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY
OF ENGINEER (AND ITS RELATED CORPORATIONS,
SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD
PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$100,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES,
CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND
EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS
AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF
LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER
RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT
THE DAMAGE IS PAID UNDER ENGINEER'S COMMERCIAL
GENERAL LIABILITY INSURANCE POLICY.
18. LITIGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, OWNER shall reimburse ENGINEER for
reasonable costs in responding and compensate ENGINEER at its then
standard rates for reasonable time incurred in gathering information and
documents and attending depositions, hearings, and trial.
19. UTILITY LOCATION
If underground sampling /testing is to be performed, a local utility locating
service shall be contacted to make arrangements for all utilities to
determine the location of underground utilities. In addition, OWNER shall
notify ENGINEER of the presence and location of any underground utilities
located on the OWNER's property which are not the responsibility of
private /public utilities. ENGINEER shall take reasonable precautions to
avoid damaging underground utilities that are properly marked. The
OWNER agrees to waive any claim against ENGINEER and will indemnify
and hold ENGINEER harmless from any claim of liability, injury or loss
caused by or allegedly caused by ENGINEER's damaging of underground
utilities that are not properly marked or are not called to ENGINEER's
attention prior to beginning the underground sampling /testing.
(8/2012)
.:=��
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON _
AGENDA STATEMENT
Item No.
For Meeting of: February 19, 2013
ITEM TITLE: Resolution authorizing a contract with HDR Engineering,
Inc. to provide screening level assessment of intake
alternatives to the City for their consideration so we might
assess potential options for the Naches - Cowiche Dam
Diversion Consolidation Project in order to determine a
preferred option.
SUBMITTED BY: Debbie Cook, Director of Utilities and Engineering
David Brown, Water /Irrigation Manager
CONTACT David Brown, Water /Irrigation Manager 509 - 575 -6204
PERSONITELEPHONE:
SUMMARY EXPLANATION:
The City and HDR Engineering desire to enter into a contract to assess potential alternative
fish screen options for the Naches- Cowiche Dam Diversion Consolidation Project in order to
determine a preferred option for the design of a fish screen associated with the irrigation
diversions at Nelson Dam to meet the water demands of the City of Yakima, Naches-
Cowiche, Fruitvale, and Old Union irrigation canals. This process is intended to work with
the proposed agreement between the City, North Yakima Conservation District, Washington
Department of Fish and Wildlife, Yakima County and the Bureau of Reclamation to design a
new fish screen. The objectives of this design are to:
-Provide sufficient water to meet the demands of all four irrigation canals.
-Improve the fish bypass system for the dam.
Provide a means to keep gravel from depositing upstream of the Nelson Diversion Dam
and thereby hindering the ability of the diversion to receive sufficient water.
-Provide other infrastructure related to proper function of the fish screen and diversion
Resolution X Ordinance Other
(specify)
Contract: X Mail to: HDR FISHERIES DESIGN CENTER, 4717 97th
Street NW, Gig Harbor, WA 98332
0 Expiration Date: Untill
Contract Term: Amount: $19,500
Insurance Required? Yes
Funding 479 Irrigation Improvement Fund
Source:
APPROVED FOR
SUBMITTAL: 4c�,
Complete
Phone: 253 - 858 -5262
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing the City Manager to execute the subject contract
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution
❑ Contract
v
•
U