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
•
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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