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HomeMy WebLinkAboutR-1995-143 HDR Engineering, Inc.r 1 RESOLUTION NO R-95-1 4 3 A RESOLUTION authorizing the execution of an agreement for professional engineering services between the City of Yakima, a municipal corporation, and HDR Engineering, Inc WHEREAS, the City is required to prepare a comprehensive stormwater management plan pursuant to State and Federal mandates; and WHEREAS, the City of Yakima in cooperation with Washington State Department of Ecology, Yakima County and the City of Union Gap have engaged in the preparation of a Stormwater Management Plan, and WHEREAS, the entities identified above wish investments into its stormwater systems are identified and detailed analysis to secure the most appropriate methods to accommodate regulatory requirements, operational efficiencies, and WHEREAS, the City has also identified the need for specific engineering services to complete current stormwater planning in accord with State grant funding contract requirements, and WHEREAS, the City has completed the process of competitively selecting professional engineering services solely by virtue of qualifications in compliance with applicable State requirements for acquisition of professional services, and to ensure that necessary with sufficient lead time alternatives and financing community growth, and WHEREAS, HDR Engineering, Inc has been selected to provide stormwater planning and engineering services in response to environmental mandates, community growth, and identification of efficiencies, and professional continuing operational WHEREAS, an agreement with HDR Engineering, Inc to provide these services to the City of Yakima is in the best interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA• The City Manager and City Clerk attached and incorporated Contract for services with HDR Engineering, Inc. for the ADOPTED BY THE CITY COUNCIL THIS ATTEST Cry e c ex -K hdr sw resolution October 3, 1995 cw are hereby authorized to execute the professional stormwater engineering City of Yakima. /76L --DAY OF & , 1995. gz.t Mayor • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made as of this .2 y day of October, 1995, between City of Yakima ("OWNER") a municipal corporation, with principal offices at 129 North Second Street, Yakima, Washington, 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 Implementation of Metropolitan Yakima Stormwater Plan ("Project"), WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering consulting services ("Services") m 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 inconsideration of the mutual covenants contained herein, agree as follows. SECTION I. SCOPE OF SERVICES ENGINEER will provide Services YArK�IMProject, M� 1'KO STORMWATERthe PLAN, dated October outlined on the attached Exhibit A, 1, 1995 SECTION II. RESPONSIBILITIES OF OWNER OWNER shall provide the services described in paragraph 6 of the attached "HDR Engineering, Inc Terms and Conditions of Engineering Services" SECTION M. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of per diem, and shall not exceed Twenty Three O CATER PLAN nd Sixty Dollars dated O cober�l)as , 995, set (without orth in attached Exhibit B, YAKIMA METRO written authorization from the OWNER. ipts tax that The amount of any sales tax, excise tax, value u added to thetax AT), or gross ENGINEER' Scompensation us y be imposed on this Agreement shall Reimbursable Expenses Compensation terms are defined as follows O Per Diem shall mean an hourly rate equal to Payroll Cost times a multiplier of Two Point Three (2 3) 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 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 subconsultants and subcontractors to cover supervision, admuustrative, taxes, and insurance expenses SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc Terms and Conditions of Engineering Services," which are attached, are incorporated into this Agreement by this reference SECTION V. PERIOD OF SERVICE OUpon 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 m 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 o year first written above. Kms-- A 49--64_^� Rarer S. Irberts, QC City Oak • 0 City of Yakima, Washington "OWNER" By Name. R A 7Ais, Jr Title City Manager Address 129 North Second Street Yakima, WA 98901 IOC HDR ENGINEERING, INC "ENGINEER" By. Name. Gary Bleeker Title Senior Vice President Address 500 108th Avenue NE, Suite 1200 Bellevue, WA 98004 EXHIBIT A YAKIMA METRO STORMWATER PLAN SCOPE OF SERVICES OCTOBER 1, 1995 TASK 1: Public Meetings • Attend 3 Public Meetings (Union Gap/Yakima/Yakima County) for presentation of the Stormwater Management Plan. TASK 2: Public Hearing • Attend 1 Public Hearing for presentation of the Stormwater Management Plan. TASK 3: Coordination Meeting • Attend 1 Coordination Meeting with WDOE in Yakima. TASK 4: SEPA Review • Prepare SEPA document for Stormwater Plan. Yakima County will be the lead agency for the SEPA review. Provide written response to any comments received from the review process. TASK 5: Interlocal Agreement • Develop a "draft" Interlocal Agreement for implementation of the Stormwater Management Plan. Budget includes two trips to Yakima for review of the "draft" document. TASK 6: Drainage Criteria Manual • Prepare written response to URS comments on the Drainage Criteria and Design Manual. TASK 7: Stormwater Management Plan • Prepare written response to URS comments on the Stormwater Management Plan. c:\marketag\yakima sos EXHIBIT B YAKIMA METRO STORMWATER PLAN PROJECT COMPLETION OCTOBER 1, 1995 Staff Rate Task Hours Total Hours Cost 1 2 3 4 5 6 7 HDR Krutsch $140 6 2 2 8 4 -- -- 22 $3,080 Genskow $110 16 8 -- 8 8 8 8 56 $6,160 Support $45 4 -- -- 6 -- 4 4 18 $810 KATO & WARREN Warren $110 12 4 -- -- 72 -- -- 88 $9,680 Support $40 -- -- -- -- 12 -- -- 12 $480 Total Hours 38 14 2 22 96 12 12 196 Subtotal Labor Costs $4,100 $1,600 $280 $2,270 $9,840 $1,060 $1,060 $20,210 Expenses $1,000 $500 $100 $250 $800 $100 $100 $2,850 Total Costs $5,100 $2,100 $380 $2,520 $10,640 $1,160 $1,160 $23,060 c: \medcetng \y ekima. sos HDR Engineering, Inc. Terms and Conditions of Engineering Services 1. STANDARD OF PERFORMANCE All of ENGINEER's services under this Agreement will be performed in a reasonable and prudent manner in accordance with generally accepted engineering practice. 2. INSURANCE ENGINEER agrees to purchase, at its own expense, Workers' Compensation, Employer's Liability, Automobile and Commercial General Liability insurance and will, upon request, fumish insurance certificates to OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance subject to the limitation of liability contained in Section 17. If requested by OWNER, ENGINEER will purchase additional types of insurance, provided the costs of the additional insurance are reimbursed by OWNER and the insurance is reasonably available from carriers acceptable to ENGINEER. 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 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. Accordingly, 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. Further, ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the Project. 5. CONTROWNG LAW This Agreement is to be govemed by the law of the state where ENGINEER's services are performed. 6. OWNER -PROVIDED 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-fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the Project. OWNER will fumish 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. The OWNER or OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents prepared by ENGINEER, obtain the advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination, and render to ENGINEER, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of 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 for which they were specifically prepared 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 attomey'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 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 1 (2/93) 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 of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. tf 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 remedial action. 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. 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 SUBSTANCE INDEMNIFICATION ENGINEER hereby states, and OWNER acknowledges, that neither ENGINEER nor ENGINEER's consultants have any professional liability (i.e., errors and omissions) insurance or other insurance that covers asbestos or pollution claims, that is, insurance for claims or claims expenses arising out of the performance of or failure to perform professional services, including, but not limited, to the preparation of _ reports, designs, drawings and specifications, related to the investigation, detection, abatement, replacement or removal of parts, materials or processes containing asbestos, or relating to the actual, alleged or threatened discharge, dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste), nor are ENGINEER or ENGINEER's consultants reasonably able to obtain such coverage. Accordingly, to the full extent permitted by law, OWNER shall defend, indemnify and hold harmless ENGINEER, its officers, employees, agents and subconsultants from and against all claims, damages, including consequential damages, losses, liabilities, expenses and costs, including but not limited to attomey's fees and court costs, arising out of or resulting from the ENGINEER's performance of its services under this Agreement which: (1) in any way relate to the ownership or operation of the property or facility, 0i) in any way relate to the creation, discharge, dispersal, transport, release or escape of pollutants or asbestos, or (iii) arise out of, or result from, conditions existing at the project site. 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. LIMITATION OF LIABILITY ENGINEER's total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's professional negligent acts, errors, or omissions, shalt not exceed the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER from any liability above such amount 2 (2/93) 1995 ESTIMATES City of Yakima Union Gap Yakima County Terrace Heights Unic. Existing UA Sub -total TOTAL Stormwater Cost Distr. 2 YAKIMA URBAN AREA STORMWATER MANAGEMENT PLAN WRAP-UP CONTRACT COST DISTRIBUTION Project Cost: TOTAL POPULATION 61,000 3,600 5,500 16.900 22,400 87,000 $23,060.00 PERCENT POPULATION 70.11% 4.14% 6.32% 19.43% 25.75% 100.00% TOTAL ACRES 11,400 3,200 4,600 5.600 10,200 PERCENT AVERAGE OF ACRES ACRES & POP, 45.97% 58.04% 12.90% 8.52% 18.55% 22.58% 41.13% 12.44% 21.00% 33.44% COST DISTRIBUTION $13,384.33 $1,964.85 $2,867.54 $4.843.28 $7,710.82 24,800 100.00% 100.00% $23,060.00 10/12/95