HomeMy WebLinkAboutR-2001-005 Berger / ABAM Engineering Services ContractRESOLUTION NO. R-2001- 05
A RESOLUTION authorizing and directing the City Manager of the City
of Yakima to execute an agreement with Berger/ABAM,
an engineering consulting firm, for consultant services
to analyze the feasibility of separating the rail and
vehicle traffic.
WHEREAS, the City of Yakima desires to separate the existing
BNSF Railroad crossing through the Yakima Corridor; and
WHEREAS, the City requires professional engineering consultant
services to determine and evaluate the best and most feasible method for
accomplishing this grade separation; and
WHEREAS, the City of does not have the staffing levels or
technical expertise necessary to provide said consultant services; and
WHEREAS, the Yakima City Council deems it to be in the best
interest of the City that the attached agreement document be executed by
the City of Yakima, accordingly; 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 an agreement with Berger/ABAM for the purpose
mentioned above, a copy of which agreement is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this HO -117i
day of January, 2001
Aii- /Zez__
Mary ce, Mayor
ATTEST:
"1 ..v/ A ie„-., e„° J ,.., c
City Clerk
January 12, 2001
o-)
Standard Consultant
Agreement
CONSULTANT/ADDRESS/TELEPHONE
BERGER/ABAM Engineers Inc.
33301 Ninth Avenue South, Suite 300
Federal Way, WA 98003
206/431-2300
AGREEMENT NUMBER
FEDERAL AID NO.
A
G
R
E
E
M
E
N
T
x
E
c
K
N
E
❑ LUMP SUM
Lump -Sum Amount $
PROJECT TITLE AND WORK
DESCRIPTION
Railroad Grade Separation Project
COST PLUS FIXED FEE
Overhead Progress Payment
Rate $
DBE Participation
❑ Yes El No
MBE Participation
❑ Yes Er No
Overhead Cost Method
❑ Actual Cost Not To Exceed:
Federal ID No.
or SSN
91-1422812
Do you require a 1099
for IRS?
❑ Yes Q No
_%
E Fixed Rate: 168.65%
Fixed Fee: $38,875
Completion Date
March 31, 2002
Maximum Amount
Payable
$729 400
$ SPECIFIC RATES OF PAY
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate>
❑ COST PER UNIT OF WORK
THIS AGREEMENT, made and entered into this 1 9 __ day of --- <i , 6. s � °/
a.'' vi'/ , between the City of Yakima, Department of Community and F44onomic
Development, Engineering Division, Washington, hereinafter called the "AGENCY", and the
above organization hereinafter called the "CONSULTANT".
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and
therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary services for the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State
Statutes relating to professional registration, if applicable, and has signified a willingness to furnish
Consulting services to the AGENCY for the PROJECT in accordance with the terms and conditions
of this AGREEMENT,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained
herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
P01118 1 23 January 2001
I
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consist of the above described work and services as herein
defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT
shall furnish all services, labor and related equipment necessary to conduct and complete the work
as designated elsewhere in this AGREEMENT.
I
SCOPE OF WORK
The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached
hereto, and by this reference made a part of this AGREEMENT.
III
GENERAL REQUIREMENTS
All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or
individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with
agencies, groups or individuals shall be coordinated through the AGENCY.
The CONSULTANT shall attend coordination, progress and presentation meetings with the
AGENCY or such Federal, Community, State, City or County officials, groups or individuals as may
be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior
to meetings requiring CONSULTANT participation. The minimum number of hours or days notice
required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B"
attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly
progress report, in a form approved by the AGENCY, that will outline in written and graphical form
the various phases and the order of performance of the work in sufficient detail so that the progress
of the work can easily be evaluated. Goals for Disadvantaged Business Enterprises (DBE) and
Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this
AGREEMENT.
All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall
be returned. All designs, drawings, specifications, documents, and other work products prepared by
the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for this PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others
acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a
part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT.
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized
in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date
shown in the heading of this AGREEMENT under completion date.
The established completion time shall not be extended because of any delays attributable to the
CONSULTANT, but may be extended by the AGENCY, in the event of a delay attributable to the
AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or
other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued
by the AGENCY is required to extend the established completion time.
P01118 2 23 January 2001
v
PAYMENT
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under
this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of
this AGREEMENT. Such payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work specified in Section 11, "Scope of Work". The CONSULTANT shall conform with all applicable
portions of 48 CFR 31. The fee for the above described services shall be in accordance with Exhibit
"D" attached hereto, and by this reference made a part of this AGREEMENT, and shall not exceed
Seven Hundred Twenty -Nine Thousand and Four Hundred Dollars ($729, 400.00).
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement.
Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G,
attached hereto and by this reference made apart of this AGREEMENT.
The work of the subconsultant shall not exceed its maximum amount payable unless a prior written
approval has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the
subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts
exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create,
between the AGENCY and subcontractor, any contract or any other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this
contract, and that it has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift,
or any other consideration, contingent upon or resulting from the award or making of this contract.
For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability, or in its discretion, to deduct from the AGREEMENT price or
consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of
any work or services required of the CONSULTANT under this AGREEMENT, shall be considered
employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or
might arise under any Workmen's Compensation Act on behalf of said employees or other persons
while so engaged, and any and all claims made by a third party as a consequence of any act or
omission on the part of the CONSULTANT's employees or other persons while so engaged on any of
the work or services provided to be rendered herein, shall be the sole obligation and responsibility of
the CONSULTANT.
P01118 3 23 January 2001
The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of
the contract, any professional or technical personnel who are, or have been, at any time during the
period of the contract, in the employ of the United States Department of Transportation, the STATE,
or the AGENCY, except regularly retired employees, without written consent of the public employer
of such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate against any client, employee or applicant for
employment or for services because of race, creed, color, national origin, marital status, sex, age or
handicap except for a bona fide occupational qualification with regard to, but not limited to the
following: employment upgrading, demotion or transfer, recruitment or any recruitment advertising,
a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition
of services. The CONSULTANT understands and agrees that if it violates this provision, this
AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be
barred from performing any services for the AGENCY now or in the future unless a showing is made
satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of
such action is unlikely.
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and
successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the
Regulations relative to nondiscrimination in the same manner as in Federal -assisted
programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this AGREEMENT. The
consultant shall comply with the American Disabilities Act of 1992, as amended.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it
during the AGREEMENT, shall not discriminate on the grounds of race, creed color, sex, age,
marital status, national origin or handicap except for a bona fide occupational qualification in
the selection and retention of subconsultants, including procurements of materials and leases
of equipment. The CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix II of the Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or
negotiation made by the CONSULTANT for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential subconsultant or
supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race,
creed, color, sex, age, marital status, national origin and handicap.
D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as may be
determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or
directives. Where any information required of the CONSULTANT is in the exclusive
possession of another who fails or refuses to furnish this information the CONSULTANT
shall so certify to the AGENCY, or the United States Department of Transportation as
appropriate, and shall set forth what efforts it has made to obtain the information.
P01118 4 23 January 2001
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance
with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such
sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part.
F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of
paragraphs (A) through (G) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.
The CONSULTANT shall take such action with respect to any subconsultant or procurement
as the AGENCY or the Federal Highway Administration may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that, in the event
a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant
or supplier as a result of such direction, the CONSULTANT may request the AGENCY to
enter into such litigation to protect the interests of the AGENCY, and in addition, the
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW
49.60.180 and Executive Order Number E.O. 77-13 of the Governor of the State of
Washington which prohibits unfair employment practices.
IX
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days
written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of
the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for
the type of AGREEMENT used.
No payment shall be made for any work completed after ten days following receipt by the
CONSULTANT of the Notice to Terminate. If the accumulated payment made to the
CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed
as set forth herein above, then no final payment shall be due and the CONSULTANT shall
immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be
paid shall be determined by the AGENCY with consideration given to the actual costs incurred by
the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or
a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of
employing another firm to complete the work required and the time which maybe required to do so,
and other factors which affect the value to the AGENCY of the work performed at the time of
termination. Under no circumstances shall payment made under this subsection exceed the amount
which would have been made using the formula set forth in the previous paragraph.
P01118 5 23 January 2001
If it is determined for any reason that the CONSULTANT was not in default or that the
CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the
termination shall be deemed to be a termination for the convenience of the AGENCY in accordance
with the provision of this AGREEMENT.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its
supervisory personnel assigned to the project, or, dissolution of the partnership, termination other
corporation, or disaffiliation of the principally involved employee, the surviving members of the
CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if
requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the
AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving
members of the CONSULTANT, with the AGENCY's concurrence, desire to terminate this
AGREEMENT, payment shall be made as set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this
AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required
of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver
of entitlement to exercise those rights with respect to any future act or omission by the
CONSULTANT.
X
CHANGES OF WORK
The CONSULTANT shall make such changes and revisions in the complete work of this
AGREEMENT as necessary to correct errors appearing therein, when required to do so by the
AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its
own purposes to have previously satisfactorily completed work or parts thereof changed or revised,
the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be
considered as Extra Work and will be paid for as herein provided under Section XIV.
XI
DISPUTES
Any dispute concerning questions of fact in connection with the work not disposed of by
AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to
the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT, provided however, that if an action is brought
challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be
subject to de novo judicial review.
XII
VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION
In the event that either party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall
be in Superior Court of Washington for Yakima County, Washington. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action
shall have the right of appeal from such decisions of the Superior court in accordance with the laws
of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the
Superior court of the State of Washington, situated in the county in which the AGENCY is located in.
P01118 6 23 January 2001
XIII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to
the work to be down under this AGREEMENT. This AGREEMENT shall be interpreted and
construed in accord with the laws of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their agents,
officers and employees harmless from and shall process and defend at its own expense all claims,
demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence
or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall
require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the
AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the
AGENCY and the STATE, their agents, officers and employees and provided further that if the
claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's
agents, officers and/ or employees and (b) the AGENCY and the STATE, their agents, officers and
employees, this indemnity provision with respect to (1) claims or suits based upon such negligence,
(2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid
and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the
CONSULTANT's agents, officers and/or employees.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT specifically assumes potential liability for actions brought by the
CONSULTANT's own employees against the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state
industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was
specifically entered into pursuant to the provisions of RCW 4.25.115 and was the subject of mutual
negotiation.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for
administration of construction contracts, if any, on the project. Subject to the processing of an
acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the
AGENCY during contract administration. By providing such assistance, the CONSULTANT shall
assume no responsibility for: proper construction techniques, job site safety, or any construction
contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as
otherwise required, the following insurance with companies or through sources approved by the
State Insurance Commissioner pursuant to RCW 48.
A. Commercial Liability Insurance. Before this AGREEMENT is fully executed by the parties,
the CONSULTANT shall provide the AGENCY with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect (any statement in the certificate to the effect
of "this certificate is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the duration of this
AGREEMENT. The policy shall name the AGENCY, its elected officials, officers, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the AGENCY thirty (30) calendar days prior
written notice (any language in the clause to the effect of "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company" shall be crossed out and
P01118 7 23 January 2001
initialed by the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
B. Professional Liability Insurance. Before this AGREEMENT is fully executed by the parties,
the CONSULTANT shall provide the AGENCY with a certificate of insurance as evidence of
Professional Errors and Omissions Liability Insurance with coverage of at least One Million
Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million
Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect. The
insurance shall be with an insurance company rated A -VII or higher in Best's Guide and
admitted in the State of Washington. If the policy is on a claims made basis, the retroactive
date of the insurance policy shall be on or before January 1, 2001, or shall provide full prior
acts. The insurance coverage shall remain in effect during the term of this AGREEMENT
and for a minimum of three (3) years following the termination of this AGREEMENT.
C. Workers' Compensation. The CONSULTANT agrees to pay all premiums provided for by the
Workman's Compensation Act of the State of Washington Evidence of the CONSULTANT's
workers compensation coverage will be furnished to the AGENCY.
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully
complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take
such other action as is available to them under other provisions of this AGREEMENT, or otherwise
in law.
XIV
EXTRA WORK
A. The AGENCY may at any time, by written order, make changes within the general scope of
the AGREEMENT in the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time
required for, performance of any part of the work under this AGREEMENT, whether or not
changed by the order, or otherwise affects any other terms and conditions of the
AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify the AGREEMENT accordingly.
C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter to as
claim) under this clause within 30 days from the date of receipt of the written order.
However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act
upon a claim submitted before final payment of the AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However
nothing in this clause shall excuse the CONSULTANT from proceeding with the
AGREEMENT as changed.
E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum
amount payable for this AGREEMENT, shall not be increased or considered to be increased
except by specific written supplement to this AGREEMENT.
P01118 8 23 January 2001
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering
data furnished by him.
XVI
FEDERAL AND STATE REVIEW
The Federal Highway Administration and the Washington State Department of Transportation shall
have the right to participate in the review or examination of the work in progress.
XVII
CERTIFICATION OF THE CONSULTANT
AND THE AGENCY
Attached hereto as Exhibit "A -I", are the Certifications of the Consultant and the Agency, Exhibit
"A-2" Certification regarding debarment, suspension and other responsibility matters - primary
covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal
funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3 " and
"A-4" are only required in Agreements over $100,000.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants, stipulations and provisions
agreed upon by the parties. No agent, or representative of either party has authority to make, and
the parties shall not be bound by or be liable for, any statement, representation, promise or
agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall
be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT.
XIX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and
adopt all statements, representations, warranties, covenants, and agreements contained in the
proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the
AGREEMENT and agrees to all of the terms and conditions thereof.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
BER 1 R/AB EN INEERS INC. CITY OF YAKIMA
ByBy
Its WO t oR. `f'i't S t ' Dick Zais, City Manager
P01118 9 23 January 2001
EXHIBIT A-1
CERTIFICATION OF CONSULTANT
Project No.
Local Agency
City of Yakima
Dept. of Community and
Economic Development
I hereby certify that I am James S. Guarre and duly authorized representative of the firm of
BERGER/ABAM Engineers Inc. whose address is 33301 Ninth Avenue South, Suite 300,
Federal Way, WA 98003 and that neither I nor the above firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or
the above CONSULTANT) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation or
consideration of any kind for, or in connection with procuring or carrying out the contract;
except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of
Washington and that the firm is in full compliance with the requirements of the Board of
Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and
the Federal Highway Administration, U.S. Department of Transportation, in connection with this
contract involving participation of Federal aid funds and is subject to applicable State and Federal
laws, both criminal and civil.
Date
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the Local Agency of City of Yakima, Washington,
and that the above consulting firm or his representative has not been required, directly or indirectly
as an express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
I acknowledged that this certificate is to be available to the Federal Highway Administration,
U.S. Department of Transportation, in connection with this contract involving participation • of
Federal aid highway funds and is subject to applicable State and Federal laws, both criminal and
civil.
Date Signature
P01118
Exhibit A-1
23 January 2001
EXHIBIT A-2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS
1. The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission or fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph 1.b. of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): BERGER/ABAM . ngineer Inc.
Date
esident or Authorized Official of Consultant
ature
P01118 Exhibit A-2 23 January 2001
EXHIBIT A-3
CERTIFICATION REGARDING THE RESTRICTIONS
OF THE USE OF FEDERAL FUNDS FOR LOBBYING
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any federal agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 3 1, U.S. Code. Any person who fails to
file the retired certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): BERGER/ABAM
i��
Date
ngineers Inc.
sident or Authorized Official of Consultant
ature
P01118 Exhibit A-3 23 January 2001
EXHIBIT A-4
CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection
15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer
or to the contracting officer's representative in support of the proposal (Exhibit D) are accurate,
complete, and current as of 20 November 2000. This certification includes the cost or pricing data
supporting any advance agreements and forward pricing rate agreements between the offeror and
the Government that are part of the proposal.
Firm: BERGER/ABAM E gineers Inc. ^
Name: James S. Guarre z.as1.),� cC \'`^4-`'2,_
Title: Senior Vice Presid t
Date of Execution
1 -- •a° -- Ce (
P01118 Exhibit A-4 23 January 2001
EXHIBIT B
SCOPE OF WORK
CITY OF YAKIMA, DEPT. OF COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF YAKIMA GRADE SEPARATED RAIL CROSSINGS
PROJECT HISTORY
The City of Yakima was built around the railroad, which established a railroad line in the 1880s.
The railroad was the method for moving agricultural products grown in the Yakima Valley to
markets. The railroads continued to be the main method for shipping agricultural produce until
construction of major roads and the interstate highway system, when trucking became more
predominant. However, within recent years, there has been a revival of rail transportation through
the City of Yakima. At the present time, 6 to 10 trains travel through the City of Yakima, and that
number is projected to increase to 16 trains per day in the near future. Trains currently move 36,000
to 60,000 tons of freight through Yakima on a daily basis, and that number is projected to increase to
97,000 tons on a daily basis (35,300,000 tons annually).
The existing train volume has a significant impact on other transportation activities within the City
of Yakima due to the geographic layout of the City and of the railroad tracks. The railroad tracks
bisect Yakima, and there are nine roadway/railroad crossings within the City. Two of the crossings
are grade separated. However, seven of the crossings are at -grade. The seven at -grade crossings,
their ADTs, their percent truck traffic, and tons of freight moved annually by truck at each crossing
are shown on the following table.
CITY OF YAKIMA
AT -GRADE ROADWAY/RAILROAD CROSSINGS
Crossing
ADT
% Truck Volume
Tons of Freight per Year
I Street
10,300
6%
2,148,000
D Street
8,500
10%
2,792,000
Lincoln Avenue
11,900
5%
2,086,000
B Street
11,700
6%
2,424,000
Yakima Avenue
19,000
2%
1,196,000
Mead Avenue
10,400
10%
3,219,000
Washington Avenue
17,600
6%
3,252,000
TOTAL
89,400
17,117,000
Conflicts arise when the trains, with an approximate length of 6,500 feet, traveling at an average
speed of 12 miles per hour, intersect the at -grade crossings. The City of Yakima has determined that
each train passage results in a traffic disruption/delay of 11 minutes per intersection. At the present
train volume of 6 to 10 trains per day, delays at each of the seven at -grade crossings range between
66 and 110 minutes per day per crossing. At the projected train volume of 16 trains per day, delays
at each of the seven at -grade crossings would be approximately 176 minutes per day per crossing.
P01118 Exhibit B-1 23 January 2001
Traffic delays resulting from these at -grade crossings have adverse impacts on the movement of
freight on surface streets within Yakima, and adversely impact citizens reaching their places of
employment and other destinations. In addition, the length of the traffic delays, and the locations of
the delays have significant impact on the response times of emergency vehicles within the City of
Yakima. The long length of the trains means that numerous at -grade crossings may be blocked at
the same time (a 6,500 -foot -long train can block the at -grade crossings at I Street, D Street, Lincoln
Avenue, B Street, and Yakima Avenue simultaneously). Ambulance, police, and fire vehicles are
forced to seek alternative response routes, or to respond from other parts of the City, resulting in
delayed response times.
The at -grade crossings have resulted in accidents, and have resulted in noise impacts. During the 3 -
year period 1994 through 1996, there have been 167 accidents within the project area. Downtown
hotel/motel operators report an increase in complaints and in a loss of business resulting from late-
night train whistles. The traffic delays resulting from the vehicle/train at -grade crossing conflicts
result in increased levels of air pollution, and contribute to Yakima being a non -attainment area with
respect to air pollution.
PURPOSE AND SCOPE
Yakima has recently begun a study that will provide specific recommendations for the seven existing
at -grade crossings. The federally -funded $750,000 study which is anticipated to contain
recommendations for a long-term improvement project that will ultimately result in a grade
separation of these seven crossings, contains the following elements.
■ Investigation of land ownership, leases, rights-of-way, utility locations, preliminary topographic
survey, and base mapping.
■ Identification of grade separation alternatives including cost estimates, and evaluation of
constructability.
■ Coordination and communication with Yakima City Council, the Burlington Northern -Santa Fe
Railroad, and with the community.
■ Preparation of a project model and of a pre -design report.
■ Environmental review of project alternatives including preparation of draft and final
Environmental Impact Statements.
■ Identifying and securing construction permits.
In anticipation of completion of this study in 2002, this scope of services is for defining the grade
separations for two of the existing at -grade crossings, Lincoln Avenue and B Street. These two one-
way streets operate as a "couplet" and, because of their physical location, are critical to the
movement of vehicles into and out of the downtown area, are critical to the movement of truck
freight traffic, and are critical to the movement and response time of emergency vehicles. In
addition, the grade separation of these two crossings is expected to shift much of the Yakima Avenue
truck traffic onto these two streets.
In addition, the City views the improvements of these two crossings as part of a long-term project
ultimately improving all seven crossings, which will improve vehicle, truck, and freight movement
across Yakima, improve train movement through the City, reduce the response time of emergency
P01118 Exhibit B-2 23 January 2001
vehicles, eliminate train whistles within the City, and reduce air pollution resulting from idling
vehicles. As apart of this project, a plan that addresses the fate of Lincoln Avenue and B Street as
well as the five remaining crossings of the BNSF will be presented as a part of this project within the
Pre -Design Report, Task 5.
APPROACH
Throughout the project, The Consultant (THE CONSULTANT) will operate in a manner similar to
the City of Yakima while preparing all required work products. THE CONSULTANT will cooperate
and coordinate with the City's Project Manager and other City personnel as necessary to facilitate
the project's development.
P01118 Exhibit B-3 23 January 2001
APPLICABLE STANDARDS AND REQUIREMENTS
All work will be performed in accordance with the procedures and requirements set forth in the
latest editions, amendments, and revisions of the following publications, where applicable.
City of Yakima Publications
• City Code
• Standard Plans
• Supplemental Specifications
• Environmental Sections of Development Regulations
Washington State Department of Transportation Publications
■ Design Manual
• Plans Preparation Manual
• Standard Plans for Road, Bridge, and Municipal Construction
■ Standard Specifications for Road, Bridge, and Municipal Construction
• Hydraulics Manual
■ Highway Runoff Manual
• Standard Item Table
• Sign Fabrication Manual
• Local Agency Guidelines Manual
• Environmental Procedures Manual
American Association of State Highway and Transportation Officials Publications
• Policy on Geometric Design of Highways and Streets
• Standard Specifications for Highway Bridges
• Guide for Highway Landscape and Environmental Design
• Guide for Development of Bicycle Facilities
• Guide for the Design of High Occupancy Vehicle Facilities
• Guide to Wetland Mitigation Issues for Transportation Designers
• Roadside Design Guide
• Any applicable AASHTO policy, where said policy is not in conflict with the standards of the
Washington State Department of Transportation (WSDOT) and has been promulgated prior to
execution of this scope of services
United States Department of Transportation Publications
• Manual on Uniform Traffic Control Devices for Streets and Highways
• Highway Capacity Manual
BNSF Railroad Publications
• Standard Plans for Trackwork
• Standard Construction Specifications
• Utility Accommodation Policy (8/98)
P01118 Exhibit B-4 23 January 2001
UP Railroad Publications
■ Engineering Standards"
■ Maintenance of Way Rules"
■ Guidelines for Design of Highway Separation Structures over Railroad (Overhead Grade Separation)
■ Guidelines for Design and Construction of Grade Separation Underpass Structures
AREMA Railroad Publications (used by both BNSF and UPRR)
■ AREMA " Manual for Railway Engineering"
P01118 Exhibit B-5 23 January 2001
OUTLINE OF SCOPE OF WORK
THE CONSULTANT work is divided into a series of tasks and subtasks as outlined below. A more
complete description of each task and subtask for Phase 1 follows this outline.
Task 0 — Administration
Task 1— Public Participation Program
Task 2 — Basemaps and Data Collection
Task 3 — Alternatives Identification
Task 4 — Alternatives Evaluation
Task 5 — Pre -Design Report
Task 6 — Project Model
Task 7 — Environmental Review and Scoping
Task 8 — Draft EIS
Task 9 — Final EIS
P01118 Exhibit B-6 23 January 2001
0.0 Administration
A. Project Administration. The Consultant shall provide the necessary project
administration and coordination with the City and the subconsultants to facilitate
efficient progress and timely completion of the project. The Consultant shall monitor the
work and associated costs of the subconsultants working for The Consultant.
B. Project Schedule. The Consultant shall prepare and submit a project schedule. The
schedule shall define specific deliverables and project milestones. The schedule shall be
used to monitor the project's status, progress of The Consultant, project costs, and will be
reviewed with the City on a monthly basis.
C. Progress Reports. The Consultant shall prepare monthly progress reports outlining the
status of the various project tasks, remaining work, problems encountered, and any item
requiring immediate attention or action from the City in order to maintain the project's
schedule.
D. Invoicing. The Consultant will prepare and submit monthly invoices to the City for work
performed and expenses incurred during the previous month. Monthly invoicing will be
done in the format requested by the City.
E. Project Meetings. The Consultant will arrange for and attend a weekly meeting to be
held at the City. In addition, The Consultant will conduct and/or facilitate other
meetings with subconsultants, utilities, public agencies, and the general public. Within
two weeks after receipt of the notice to proceed, The Consultant will arrange for and
conduct a kickoff meeting. The purpose of this meeting will be to discuss the project
schedule, review invoicing procedures, and provide an open forum to discuss pertinent
project issues.
F. Quality Assurance. The Consultant will provide in-house independent review of project
submittals prior to City reviews. Subconsultant submittals will be reviewed by The
Consultant and revised as necessary prior to delivery to the City.
1.0 Public Participation Program
A. Public Participation Program. The Consultant shall develop a public participation
program for this grade separation study and implementation project. The public
participation program for the City of Yakima Grade Separations will consist of outreach
to the community, public information activities and specific project committee meetings,
and open houses to solicit public opinion and review of key study issues. Project Scoping,
while a part of the Public participation Program, is included under Task 7.0 -
Environmental Review and Scoping.
B. Project Interdisciplinary Team (IDT). The Consultant and the City shall work together
to organize and implement an IDT. Members of the IDT shall include the City of
Yakima, WSDOT, local clean air authority, and the Consultant. The objective of this
team shall be to focus on the environmental and engineering elements that need to be
studied and to what level of detail.
C. Project Guidance Team (PGT). The Consultant and City shall work together to organize
a project guidance team. The Project Guidance Team shall be a committee of the project
stakeholders associated with this project. Stakeholders shall include BNSF, City of
P01118 Exhibit B-7 23 January 2001
Yakima, FMSIB, TIB, Utility Owners, and Yakima County.
D. Community Advisory Group (CAG). The Consultant and City shall work together to
organize a project Community Advisory Group. This group shall represent the interests
of the various business and community groups within the project area.
E. Workshops and Meetings. Workshops and meetings will be organized and facilitated by
The Consultant for the PGT and the CAG. These groups will be briefed on the findings
developed by The Consultant and will assist the project team in determining the
preferred set of solutions for the grade separations from I Street to Washington Avenue.
F. Fact Sheets and Newsletters. The Consultant shall develop fact sheets and other
appropriate informational releases to inform the public about study issues and
alternative solutions. The Consultant will maintain the mailing list and provide billing
services as required.
G. Mailing List. The Consultant will work with the City to assemble a mailing list of people
and businesses within 500 feet of the project boundaries. In addition persons or
businesses that are brought to our attention that would likely be affected by or have
input to the design of the project will be included. For purposes of this scope, the mailing
list will be assumed to have 200 addresses. The mailing list will be updated during
subsequent phases of the project to include additional people and organizations with an
interest in the project.
2.0 Basemaps and Data Collection
A. Data Collection. The Consultant shall perform the tasks related to the collection of
available information and data. The information and data collected will be used to
support the alternatives evaluation and environmental assessment work for this project.
B. City Supplied Data. The City shall finish to The Consultant relevant backup information
as available within the City. The Consultant will review the information and determine
if additional data collection is required. If necessary, The Consultant shall collect
supplemental data and information for the following items impacting the project area.
1. Existing zoning and Land use
2. Existing soils and geological conditions
3. Existing wetlands and other environmentally sensitive areas
4. Recent Traffic studies and forecasts
5. Existing drainage systems and flood data
6. Proposed development and expansions
7. Existing streets, public facilities, and public services
8. Existing major utility services, appurtenances, and railroads
9. Current assessor maps with current parcel numbers and property owner boundaries
10. Current available topographic mapping
11. Available traffic data and modeling including traffic counts and accident statistics
12. Available Noise data
13. Available Air Quality data
14. Available population data
15. Available aerial photographic data
16. Other readily available data deemed necessary
P01118 Exhibit B-8 23 January 2001
C. The Consultant shall summarize the review of existing information. As a part of this
review, The Consultant shall identify missing or incomplete data that is necessary for the
project. The Consultant shall recommend efficient means to correct these data
inadequacies.. Additional traffic counts may be needed in the study area. The
Consultant will conduct up to ten peak hour turning movement counts at intersections
that may be affected by the alternatives.
D. Subsurface Utility Engineering (SUE), Quality Level D. The Consultant will perform a
Quality Level D inventory of existing utilities within the project limits. This level of
inventory includes a records search for available data from existing utility owners, field
verification, and delivery of a composite utility map. Data collection does not include the
use of survey to determine the coordinate position of surface utility appurtenances. Data
collection efforts will include the following:
Records Search
The Consultant will perform a record search of available as -built drawings for utilities in
the study area by contacting utility providers known to service the area. The anticipated
utilities to be included are:
■ Potable water
■ Fire Water
■ Sanitary Sewer
■ Storm Drainage
■ Power
■ Street Lighting
■ Petroleum Pipelines (if any)
■ Natural Gas
■ Cable TV
■ Telecommunication
■ Traffic Signal Control Systems (conduits and hand holes)
In general, the following will not be included in the survey:
■ Residential Service Lines
■ Irrigation Systems
■ Traffic Control Sensor Loops (in pavement)
■ Underground Storage Tanks
■ Wells
■ Septic Systems
The Consultant will:
■ Conduct appropriate records research, perform a field visit to investigate site
conditions.
■ Investigate sources such as the City of Yakima, Burlington Northern Santa Fe
Railroad, Union Pacific Railroad, Utility Companies and Yakima County.
P01118 Exhibit B-9 23 January 2001
Field Verification
The Consultant will perform a field visit to verify as -built records against existing field
conditions. To do so, The Consultant will:
• Obtain necessary permits, and rights of entry from city, county, or other municipal
jurisdictions to allow work in the existing streets, roads, and rights-of-way.
at Prepare appropriate field sketches of utility appurtenances, utility poles where there
is an aerial -subsurface utility interface, and other utility information that can be
observed from the surface. Note that these will not be surveyed; they will be "Not to
Scale."
• Sketch observed information plus utility horizontal locations as supplied by and
interpreted from utility owners' records onto base plans/into CAD file provided by the
City of Yakima. The location will be approximate, as related to features shown on
available mapping.
Composite Map
The Consultant will provide a composite map in AutoCAD R.14 format using base
mapping and coordinate system to be supplied by the City of Yakima. Utility data will be
clearly delineated to indicate its "Quality Level" by line codes, symbols, and or labeling.
E. The Consultant shall conduct field reconnaissance of the project's potential grade
separations (7) to become familiar with the existing conditions, confirmed the general
topographic features, and identify features of environmental importance to the
alternative identification and evaluation process.
F. Preliminary Base Maps. The Consultant will use currently available aerial photography,
planimetric and utility mapping, property ownership and alignment information, and
data from cursory field investigations to create the preliminary base maps for the
development of alternative solution sets phase of the project. Base maps will be prepared
at 1 inch = 50 feet. Basemap limits for the project shall be approximately 1,000 feet east
and west of the railroads and extend from the existing grade separated crossings from
Washington Avenue to north of I Street.
No topographic survey will be conducted as part of this first phase of the project. All base
map information will be prepared based on information that has already been gathered
by others and can be reasonably manipulated by the Consultant for use in this
preliminary design.
G. Preliminary Geotechnical Studies. The Consultant will conduct preliminary geotechnical
studies to assist in the development of design documents (Pre -Design Report) for
crossings at Lincoln Avenue and B Street and conceptual design for the remaining five
crossings. The analysis will consist primarily of researching published soil information
and previously developed geotechnical reports in the vicinity of the project as
supplemented by a visual review of the site geology and evidence of groundwater
conditions. In addition, new field explorations and laboratory testing will be performed
for crossings at Lincoln and B Street to provide more detailed recommendations for these
two crossings. Efforts will focus on areas around the railroad, and at the potential
over/undercrossings.
P01118 Exhibit B-10 23 January 2001
New field explorations for the crossings at Lincoln Avenue and B Street will consist of
drilling two 50 -foot -deep borings and two 25 -foot -deep borings at each crossing. An
observation well will be installed in one of the 50 -foot -deep borings at each of these
crossings. Laboratory testing will likely consist of water content determination, grain
size analyses, and Atterberg Limits determination.
The deliverable resulting from this phase of the work element will be a Preliminary
Geotechnical Memo that will be submitted to the City in draft form. This memo will
provide the following preliminary geotechnical findings and recommendations in order to
assist in development of the design documents (Pre -Design Report) for crossings at
Lincoln and B Street and the conceptual design for the remaining five crossings.
a) Results of the review of the existing subsurface data
b) Results of the new field explorations and laboratory testing
c) Description of site geology and evidence of groundwater conditions based on new
borings and information received
d) Evaluation of constructing the proposed crossings on the aquifer
e) Preliminary recommendations for temporary excavation support and groundwater
control
f) Preliminary recommendations for design and construction of foundations supporting
the railroad bridges
g) Preliminary recommendations for site and roadway subgrade preparation
h) Preliminary pavement section design
i) Structural fill type, placement and compaction criteria
j) Construction considerations, including foundation types and installation
requirements, dewatering, and construction impacts on existing adjacent structures,
utilities, and other facilities
Utilizing the results of the new field explorations and laboratory testing, more detailed
recommendations will be provided to assist in the preparation of the design documents
for the crossings at Lincoln Avenue and B Street for each of the items listed above.
3.0 Alternatives Identification
A. General. The Consultant shall identify and investigate Alternative Solution Sets for the
existing at grade crossings with BNSF at the following locations: I Street, and D Street,
Lincoln Street, B Street, Yakima Avenue, Mead Avenue, and Washington Avenue. The
options available to each of the at -grade crossings are: going over the railroads, going
under the railroads, closing the road, or maintaining the railroad grade crossing.
The Consultant shall identify other options to grade separate the these traffic arterials
including raising and lowering the railroad from Washington Avenue to north of I Street.
As a part of these options, the Consultant shall review the operations of the railroad to
P01118 Exhibit B-11 23 January 2001
determine impacts to the existing and planned railroad operations within the project
limits.
B. Traffic Issues and Constraints. The Consultant will utilize the existing city traffic model
to assess the implications of an Alternative Solution Set of these arterials being grade
separated, closed, or maintained at -grade. The City will assist the Consultant in
obtaining the model from the Conference of Governments (COG). This may require a
formal request from the City to the COG. The Consultant will review the model network
and setup with the COG and City staff to discuss its application to this project.
An initial set of model runs will be conducted to evaluate the origins and destinations of
traffic using each of the seven street crossing the railroad tracks. These model runs will
be conducted with the assumption that B Street and Lincoln Street are grade separated.
The model outputs will be adjusted to reflect the reduced delays associated with the
grade separation; this will be done by adjusting the link travel time/speed. Additional
manual smoothing may be required. Traffic model revisions to assess various solutions
sets proposed by the Consultant will be coordinated with the City and COG modeling
staff.
C. Traffic Assumptions and Methods. The Consultant will develop a comprehensive project
transportation methodology covering the Transportation Discipline Report for
environmental documentation that will address the assumptions and methods for:
■ Data collection
■ Travel demand forecasting including land use and network assumptions for various
scenarios
■ System wide performance measures such as vehicle -miles travel (vmt) and vehicle
hours travel (vht)
■ Operational analysis of intersections and arterial segments
■ Accident analysis
■ TSM strategy development
This project transportation methodology will be developed to incorporate requirements
from partner and review agencies, resolve issues, and gain consensus on assumptions
and methods by all partner and review agencies.
Specific Steps include:
1. Develop an initial Transportation Analysis memorandum outlining assumptions and
methods available and to be utilized for this project.
2. Meet with review and partner agencies and review available assumptions and
method options.
3. Draft an Transportation Assumptions and Methods Memorandum for review by
partner and review agencies.
4. Incorporate and resolve comments and prepare a final Transportation Assumptions
and Methods Memorandum.
P01118 Exhibit B-12 23 January 2001
D. Traffic Parameters. The Consultant will develop traffic data and analysis of existing
intersection and roadway conditions to support the Alternative Solution Sets Evaluation
and Screening process. This data will include as a minimum, accident history, existing
and future peak hour link volumes and level of service for the existing corridors.
Intersection operations analyses will be conducted using the Synchro software package
for the immediately adjacent major intersections for each of the seven railroad crossing
corridors.
This information will be presented in the Traffic Analysis Report in a format that is
suitable for inclusion as the Affected Environment section of the Transportation
Discipline Report during Tasks 7 and 8.
E. Traffic Analysis. The Consultant will develop from the traffic data an analysis of the
impacts of alternatives to support the Evaluation and Screening process for each solution
set of the project. The preliminary model origin and destination/travel pattern results
will be used in conjunction with the data collected in Task 2.0, to define an initial set of
approximately six (6) combinations of various grade separations and closures. These
10 combinations of grade separations and closures will be modeled to assess the overall
system performance and potential changes in travel patterns. This will include review of
traffic patterns in the immediate vicinity of each grade crossing and the adjacent arterial
system. The results of this initial model review will be used as part of the project
screening to define up to three (3) system alternatives for more detailed evaluation of
intersection and arterial segment operations, using Synchro. The five alternatives for
the traffic analysis will be tempered by information to the project team in stakeholders
regarding the viability of grade separating, closing, and/or maintaining the railroad
crossing. The analysis will document changes in future peak hour link volumes and level
of service for the different alternatives. The operations analysis will be done using the
Synchro software package for the intersections immediately adjacent to the rail crossing
or with the first major cross street/arterial. The Consultant will document potential
impacts on nonmotorized, transit, and traffic safety, and future peak hour link volumes
and level of service for the improvements.
The methodologies, findings, and preliminary recommendations for proposed
transportation improvements for each crossing of the solution set of the project will be
presented in the Traffic Analysis Report.
4.0 Alternatives Evaluations
A. General. The Consultant shall prepare and facilitate an evaluation system that will, as a
minimum, incorporate criteria to qualitatively and comparatively rate proposed solution
sets for the grade separations.
Each of the proposed alternative solution sets shall be evaluated using the criteria below
and additional criteria found to be appropriate in the course of the study. The
Consultant and the City shall use this process in determining which alternative solution
sets will be further analyzed in the draft EA or EIS.
B. Traffic/Channelization
C. Storm Drainage
D. Bridge and Wall Evaluation
P01118 Exhibit B-13 23 January 2001
E. Construction Phasing/Railroad Shoofly
F. Environmental Mitigation Including Landscaping
G. Right -of -Way and Utility Relocations
H. Conceptual Estimate of Probable Construction Costs
L Alternative Solution Sets Evaluation and Screening. In conjunction with the alternative
identification and development, The Consultant will document an evaluation of the
different alternative solution sets that are developed. Alternatives of the project will be
screened in a three tiered process:
Initial Screening:
The initial screening will be a fatal flaw screening to assure that an alternative is viable.
Sketch level cost estimates may be needed for this screening.
Second Screening:
The second screening will enhance the screening criteria and level of review of the
alternatives. Design concepts will be developed to include preliminary costs and less
than 15 percent design.
Final Screening:
The final screening will require preliminary traffic forecast information and
environmental information and will result in a preliminary recommendation. This
information will also be used to develop a project purpose and need for the environmental
process and will be documented in the Project Pre -Design Report.
5.0 Pre -Design Report
A. Roadway Improvements. The Consultant will develop preliminary horizontal and
vertical alignments for the conceptual alternatives that are developed for each segment
of the project.
Plan and profile sheets will be prepared at a scale of 1 inch = 50 feet and will be half-size
plotted on 11 -inch by 17 -inch sheets at 1 inch = 100 feet for inclusion in the Project
Definition Report.
B. Traffic/Channelization. The Consultant will evaluate general channelization, signing,
signalization, and illumination layout modifications that are necessary to implement
each of the alternatives. In addition, general modifications to intersections will be
identified for the conceptual alternatives that are developed for each alternative of the
project.
Traffic modifications will be described in narrative form and/or shown on the plan and
profile sheets.
C. ' Storm Drainage. The Consultant will perform general hydrologic and hydraulic analyses
in accordance with the City of Yakima Surface Water Manual. Drainage basins will be
identified from available City, County, USGS, and similar mapping. Runoff and storm
water detention volumes will be calculated for the design storm for each basin using
WaterWorks software, and will be based on existing and proposed land use. The level of
P01118 Exhibit B-14 23 January 2001
analysis to be performed in this phase of the project will be limited to general, order -of -
magnitude type, calculations for the purpose of developing project alternatives and cost
estimates. A Storm Drainage Memo will be prepared to summarize the results of this
phase of the analysis. It will include estimates of runoff and detention volumes as well
as proposed layouts for the pump station/detention facilities for the various conceptual
alternatives. Water quality controls, including biofiltration and oil -water separation will
be discussed in narrative form for each of the roadway alignment alternatives.
D. Preliminary Bridge and Wall Evaluation. The Consultant will perform a preliminary
evaluation for the bridges and walls for each of the conceptual alternatives that are
developed. The level of analysis to be performed at this phase of the project will be
limited primarily to identifying the required size and location of bridges and walls
necessary to construct the alternatives. A narrative discussion of appropriate bridge/wall
types for each application will be included in the Project Pre -Design Report along with
planning level construction cost estimates for the purpose of developing project
alternatives and cost estimates.
E. Construction Phasing/Railroad Shoofly. The Consultant will evaluate construction
phasing and detours for the maintenance of traffic and access to adjacent properties
during the construction of the different alternatives associated with the project.
Discussion of construction phasing options, including pros and cons for each alternative,
will be presented in narrative form in the Project Pre -Design Report.
The Consultant will also evaluate shoofly options for the maintenance of rail traffic
during the construction of alternatives that involve railroad bridge construction. This
evaluation will include development of conceptual plans, sections and details for the
maintenance of rail traffic on the BNSF a. Discussion of railroad shoofly options,
including pros and cons for each alternative, will be presented in narrative form in the
Project Pre -Design Report.
Shoofly plan sheets will be prepared for the preferred alternative at a scale of 1 -inch =
100 feet and will be half-size plotted on 11 -inch by 17 -inch sheets at 1 inch = 200 feet for
inclusion in the Project Pre -Design Report.
F. Environmental Mitigation and Landscaping Screening. The Consultant will make a
preliminary determination of the type of environmental documentation needed to assess
all three segments and prepare supporting materials to present to resource agencies.
In conjunction with the preliminary environmental investigations as identified above,
general environmental mitigation and landscaping will be recommended for the
conceptual alternatives. These will include mitigation of permanently and temporarily
impacted wetlands, mitigation of wildlife impacts, safeguards against construction
impacts, permanent erosion control and landscape screening.
G. Right -of -Way and Utility Relocations. The Consultant will evaluate the need for
additional right-of-way/easements to construct the different conceptual alternatives
associated with each segment of the project. The approximate limits of required right-of-
way will be indicated on the plan and profile sheets and the costs associated with
acquisitions will be presented in the Project Definition Report.
P01118 Exhibit B-15 23 January 2001
The Consultant will evaluate the impacts to existing utilities and will identify the
approximate limits of relocations in the plan and profile sheets. The estimated costs
associated with utility relocations will be included in the evaluation of the different
conceptual alternatives that are developed for each segment of the project.
H. Conceptual Estimate of Probable Construction Costs. As part of the conceptual design
report, the Consultant will produce a summary of construction cost estimates for
alternatives for each segment of the project. The estimates prepared at this phase of the
project will be for the purpose of planning and securing funds, if necessary. However,
where costs figure in the evaluation of alternatives for the various project items,
approximate costs for those alternatives will be discussed in the narrative.
6.0 Project Model
A. General. The Consultant shall prepare a project model for the preferred alternatives for
Lincoln Avenue and B Street grade separations, respectively. The model shall be a
computer 3D enhancement of the grade separations.
B. Visual Images. The Consultant shall provide hard copy visual images of the preferred
alternatives for Lincoln Avenue and B Street based on the computer 3D enhancement.
The views of the preferred alternatives shall be coordinated by The Consultants with the
city and its project stakeholders. For the purposes of this scope of work, The Consultant
shall provide three views of each grade separation.
7.0 Environmental Review and Scoping
A. Scoping Meeting. The Consultant shall participate with the city in developing and the
facilitating the project's scoping meeting. The Scoping meeting shall be in conjunction
with an open house for the project guidance team, community advisory group, regulatory
agencies, and the general public.
B. Project Checklist. As a part of and in conclusion to the project scoping process, the
Consultant shall prepare a project checklist. This checklist or report shall summarize
the preliminary environmental work plus the public participation program and agency
coordination. This report shall be published twice. The first publication will be upon
completion of the scoping and discipline reports, and the second publication will be to
include comments on the draft (first publication) in addition to the final classification of
the project.
C. General. The Consultant will conduct preliminary environmental investigations of
existing conditions and identify potential environmental constraints to project
development. The findings of these investigations and general recommendations for
potential mitigation measures will be used to guide the development of a preferred
alternative solution set and will be documented in the Project Pre -Design Report as well
as within the environmental documentation. The following are descriptions of each of the
preliminary environmental investigations that will be conducted as part of this project.
D. Preliminary Streams Characterization. The characterization will be supported primarily
by researching published stream/habitat information and previously developed reports in
the vicinity of the project, and supplemented by a visual review of the site.
Investigations will focus on existing stream hydrology, fish population status, physical
habitat, limiting factors, wetland impacts, and fish habitat impacts. A brief technical
P01118 Exhibit B-16 23 January 2001
memorandum will be prepared which will document the results of this analysis and will
identify potential constraints to project development.
E. Preliminary Wetlands Investigation. The study will focus on generally identifying
existing wetlands within a single 300 -foot corridor on the basis of previous field
investigations, existing data and maps (e.g., NWI maps, Yakima City studies, soils
survey, USGS maps, FEMA maps, and aerial photos), and, if access to properties is
granted, on-site field reconnaissance. Approximate wetland boundaries will be mapped
and the area extent of potential impacts estimated. Potential impacts will be assessed in
terms of wetland functions and values, and potential opportunities for mitigation will be
discussed in accordance with applicable regulations. A brief technical memorandum will
be prepared which will document the results of this analysis and will identify potential
constraints to project development. Actual survey and delineation of wetlands, wetland
permitting, agency coordination, and mitigation planning will not be provided as part of
this phase of the project.
F. Preliminary Wildlife Investigation. The study will consist primarily of researching
published wildlife information and previously developed reports in the vicinity of the
project, and supplemented by a visual review of the site and communications with
appropriate resources agencies. Investigations shall center on existing habitat
conditions, wetland and stream characteristics, and the identification of wildlife
movement corridors in the project area. Special attention will be placed upon evaluating
the occurrence, either existing or potential, of sensitive species (state/federal threatened,
endangered, or proposed) and their habitat.
G. Preliminary Water Quality Investigation. Existing data relevant to the project will be
collected and reviewed. Existing data sources include water quality and basin planning
reports, municipal, state and federal agencies, and engineering design drawings of recent
improvements to the drainage system. The full length of the project will be visually
inspected to confirm drain locations, existing stormwater facilities and to view the
location of stormwater outfalls. No collection of new water quality or flow data is
proposed in this scope of work. Design guidelines for the stormwater treatment will be
obtained from the following references: WSDOT Highway Runoff Manual (1998); and
National Marine Fisheries Service 4d Rule. With this information in hand, a brief
technical memorandum will be prepared. Local water quality conditions will be
summarized, along with a summary of water quality violations. Existing drainage will
be presented. The effectiveness of the current street drainage system will be reviewed.
H. Preliminary Floodplain Investigation. Existing data relevant to the project will be
collected and reviewed. Existing data sources shall include those sources identified in
section F above as well as public works records of existing flooding issues and current
FEMA mapping. This information will be presented in a brief technical memorandum.
Existing flooding problems will be presented.
I. Preliminary Cultural Resources Investigation. A site records and literature search for
the project area will be conducted at the Office of Archaeology and Historic Preservation
in Lacey. All known/recorded archaeological and historical sites, as well as
known/recorded traditional cultural properties, will be plotted on the available project
map. Pertinent literature such as archaeological and historical survey reports will be
copied and reviewed for information applicable to the immediate project area. A brief
windshield survey of the project area will be conducted to determine areas suitable for
later surface reconnaissance and/or subsurface testing (to detect archaeological sites) and
P01118 Exhibit B-17 23 January 2001
to check for the presence of potentially historic standing structures that might be
affected by the project. A brief technical memorandum will be prepared summarizing the
results of the site records and literature search and windshield survey.
J. Preliminary Air Quality Investigation. Existing data relevant to the project will be
collected and reviewed.
K. Preliminary Noise Analysis Investigation. Existing data relevant to the project will be
collected and reviewed.
L. Section 4(f) Evaluation. Efforts during this phase of the project will consist primarily of
creating an inventory of existing and planned recreational facilities, historic sites, and
other Section 4(0 properties adjacent to the project site. Data for this inventory will be
obtained from the following: reviews of recreation plans; input from city, county and
state parks and recreation departments; reviews of State Historic Preservation Officer
records, and a site reconnaissance. A brief technical memorandum will be prepared
which will describe potential Section 4(0 resources; describe potential impacts in general
terms (i.e., direct, proximity, and constructive use); and identify the requirements of the
Section 4(0 Evaluation to avoid or minimize impacts. No other specific work on the
Section 4(0 Evaluation will occur during this phase of the project.
M. Social and Economic Impacts.
N. Biological Assessment. Efforts during this first phase of the project will consist primarily
of requesting species listings from the U.S. Fish & Wildlife Service, National Marine
Fisheries Services, and Washington State resource agencies as appropriate. No other
specific work on the Biological Assessment will occur during this phase of the project,
except as is incidental to conducting the other environmental investigations identified
above.
O. Preliminary Identification of Environmental Permits. Likely environmental permits to
be required by the project will be identified after review of the following completed
preliminary technical memoranda: water quality and floodplains, streams, wetlands, and
wildlife. A brief technical memorandum shall be prepared which identifies the likely
environmental permits that will be required for the project; the triggers, constraints, and
requirements of those permits as they relate to the project; and the general process for
obtaining permits from the regulatory agencies. The actual permits required by the
project may change as the project design and description is developed. Permits to be
identified and described will be environmental aquatic resources permits only, and will
not include construction permits, such as grading, right-of-way, or utility permits.
8.0 Draft EIS
A. General. The Consultant shall prepare a state Environmental Policy Act (NEPA) EIS for
the alternative solutions evaluation process. The scopes of the EIS will include
transportation, soils/ geology, vegetation/ wetlands, wildlife and wildlife habitat,
fisheries, surface water, noise, air quality, utilities, energy, public -services, prime and
unique farmlands, and land use. Other issues may be identified during the alternatives
evaluation process for during the SEPA scoping period, in the Contract scope may be
revised accordingly. The SEPA EIS is proposed to be a qualitative analysis up in pacts
between broad alternative solutions sets developed as a part of this contract. Fall
compliance with SEPA regulations may require additional supplemental analysis
P01118 Exhibit B-18 23 January 2001
following selection of a preferred alternative solution set and completion of the project
design. This work shall include the following items.
B. Scoping. The Consultant shall develop a scoping document for the project, identified and
narrow the scope of the EIS, and consider comments during a 21 -day scoping period.
C. Preliminary Draft EIS. The Consultant will prepare fact sheet, table of contents, list of
figures and tables, elements of the environment and distribution list. The Consultants
will prepare the summary section at the completion of the first preliminary draft EIS.
The Consultant will prepare descriptions of the proposed action, action alternatives and
the no action alternative. The Consultant will receive from the city and identification of
the project objectives in any major's plan to be included in the project design that may
mitigate potential impacts.
D. Impacts and Mitigation. The Consultant shall analyze existing data, evaluate impacts of
the alternatives and discuss mitigation measures related to the following.
1. Land -use, population, comprehensive plans, prime and unique farmlands, and
zoning.
2. Transportation
3. Vegetation/ wetlands. The Consultant shall identify potential areas of wetland loss
and available mitigation measures including off site replacement, potential foreign
hands in other existing wetlands, and out of kind of mitigation.
4. Noise. The Consultant shall perform field measurements at 12 locations and analyze
alternatives using the stamina model. The Consultant shall discuss potential
differences between alternative solutions in noise impact, and identify possible
mitigation measures.
5. Air Quality. The Consultant shall perform mesoscale analysis and discuss difference
in microscale air quality and impacts between the alternative solutions and the
opportunities for any improvements to air quality. The Consultant shall analyze the
alternative solutions for conformity to the state implementation plan.
E. City review Comments. The Consultant shall consolidate the city review comments and
revise the PDEIS accordingly.
F. Review Meeting. The Consultant will meet with the city to recede in review their written
comments on the preliminary draft. The Consultant will make a composite of review
comments.
G. Review Draft EIS. Based on the comments on the preliminary draft, The Consultant will
revise the document and prepare a review draft EIS.
H. Camera-ready Draft EIS. Based on the comments on the Review Draft EIS, The
Consultant will revise the document and generate a camera-ready Draft EIS.
I. Printing and Distribution. The Consultant shall print and distribute up to 200 copies of
the DEIS.
P01118 Exhibit B-19 23 January 2001
9.0 Final EIS
A. General. The Consultant shall prepare the Final EIS in accordance with NEPA
guidelines and in response to questions and comments received. This work shall include
the following items.
B. Prepare a preliminary final EIS in response to public in agency comments received
during the comment period including at the Draft EIS public hearing. Some additional
analysis and clarification of the issues previously identified in the project scope are
assumed. No new substantive issues are assumed to be analyzed under this scope of
work . The Consultant shall submit 15 copies of the PFEIS to the city for review. For
budgeting purposes, it is assumed that the entire Draft EIS will not be republished. The
Preliminary Final EIS will consist of responses to comments and updated fact sheet,
summary, and in the new text pages that may be generated, including back shall all
corrections and supplemental information to improve or modified the analysis contained
in the DEIS.
C. Review Meeting. The Consultant will meet with the city to receive and review their
written comments on the Preliminary Final EIS. The Consultant shall consolidate
review comments from the city. No new substantive analysis shall be required under this
scope of work.
D. Review Preliminary Final EIS. Based on the comments on the Preliminary Final EIS,
The Consultant will revise the document and prepare a Review Final EIS. The Review
Final EIS will be submitted for review to the city.
E. Camera-ready Final EIS. Based on the comments of the Review Final EIS, The
Consultant will revise the document and prepare a camera-ready Final EIS
F. Printing and Distribution. The Consultant shall print and distribute up to 200 copies of
the FEIS.
P01118 Exhibit B-20 23 January 2001
LIST OF PHASE 1 DELIVERABLES
■ Project Schedule
■ Subsurface Utility Engineering (SUE) Composite Map
■ Preliminary Geotechnical Memo
■ Public Involvement Plan
■ Summary Memo of Public Involvement
■ Storm Drainage Memo
■ Transportation Analysis Report
■ Draft Transportation Discipline Memo
■
■ Project Pre -Design Report, including:
— Conceptual Estimates of Probable Construction Costs
— Draft Purpose and Need Statements
■ Technical Memorandums from Preliminary Environmental Investigations
■ DEIS
■ FEIS
Draft forms of each of the above deliverables will be submitted to the City, and it's designees, at
various times throughout the project for one round of review and comment each. These comments
will then be incorporated the final deliverable.
P01118 Exhibit B-21 23 January 2001
EXHIBIT C
PAYMENT
(COST PLUS FIXED FEE)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under
this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work
performed or services rendered and for all labor, materials, equipment, and incidentals necessary to
complete the work specified in Section 11, "Scope of Work." The CONSULTANT shall conform with
the applicable portion of 48 CFR 3 1.
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the
CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical,
and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT.
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on
the books of the CONSULTANT in the normal everyday keeping of its books.
Progress payments sham be made at the rate shown in the heading of this AG, under
"Overhead Progress Payment Rate." Total over -head payment shall be based on the
method shown in the heading of the AGREEMENT. The three options are explained
as follows:
a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in
the heading of this AGREEMENT, the AGENCY agrees to reimburse the
CONSULTANT at the actual overhead rate verified by audit up to the
maximum percentage shown in the space provided. Final overhead payment
when accumulated with all other actual costs shall not exceed the total
maximum amount payable shown in the heading of this AGREEMENT.
b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT,
the AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
A summary of the CONSULTANT's cost estimate and the overhead computation are
attached hereto as Exhibit D and by this reference made part of this AGREEMENT. When
an Actual Cost method, or the Actual Cost Not To Exceed method is used, the
CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three
months after the end of each firm's fiscal year, an overhead schedule in the format required
by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the
overhead rate for billing purposes. It shall be used for the computation of progress payments
P01118 Exhibit C-1 23 January 2001
during the following year and for retroactively adjusting the previous year's overhead cost to
reflect the actual rate.
Failure to supply this information by either the prime consultant or any of the
subconsultants shall cause the agency to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The STATE and/or the Federal Government may perform an audit of the CONSULTANT's
books and records at any time during regular business hours to determine the actual
overhead rate, if they so desire.
3. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These
charges may include, but are not limited to the following items: travel, printing, long distance
telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will
only be reimbursed to economy class levels unless otherwise approved by the AGENCY.
Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY
employees and shall be supported by the date and time of each trip with origin and
destination of such trips. Subsistence and lodging expenses will be reimbursed at the same
rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the
Project, shall be an itemized listing of the charges supported by copies of original bills,
invoices, expense accounts, and miscellaneous supporting data retained by the
CONSULTANT. Copies of the original supporting documents shall be provided to the
AGENCY upon request. All of the above charges must be necessary for the services to be
provided under this AGREEMENT.
4. Fixed Fee
The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this
AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee
which could be authorized from the Management Reserve Fund. This fee is based on the
scope of work defined in this AGREEMENT and the estimated man -months required to
perform the stated scope of work. In the event a supplemental agreement is entered into for
additional work by the CONSULTANT, the supplemental agreement may include provisions
for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid
monthly in proportion to the percentage of work completed by the CONSULTANT and
reported in the monthly progress reports accompanying the invoices.
Any portion of the fixed fee earned but not previously paid in the progress payments will be
covered in the final payment, subject to the provisions of Section IX, Termination of
Agreement
5. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the
Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT
for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work
beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing
and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown
in the heading of this AGREEMENT. The amount included for the Management Reserve
Fund is shown in the heading of this agreement. This fund may be replenished in a
P01118 Exhibit C-2 23 January 2001
subsequent supplemental agreement. Any changes requiring additional costs in excess of the
"Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work."
6. Maximum Total Amount Payable
The maximum total amount payable, by the AGENCY to the CONSULTANT under this
AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT.
The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which
includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount
Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work."
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs
plus the calculated overhead and fee not more often than once per month during the progress
of the work. Such invoices shall be in a format approved by the AGENCY and accompanied
by the monthly progress reports required under Section III, including direct salary, direct
nonsalary, and allowable overhead costs to which win be added the prorated Fixed Fee. To
provide a means of verifying the invoiced salary costs for CONSULTANT employees, the
AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, and present duties of those employees performing work on the PROJECT at
the time of the interview.
C. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the work under
this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and
other related documents which are required to be furnished under this AGREEMENT.
Acceptance of such final payment by the CONSULTANT shall constitute a release of all
claims for payment which the CONSULTANT may have against the AGENCY unless such
claims are specifically reserved in writing and submitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the
AGENCY may pursue with respect to such claims. The payment of any billing will not
constitute agreement as to the appropriateness of any item and that at the time of final
audit, all required adjustments win be made and reflected in a final payment. In the event
that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will
refund such overpayment to the AGENCY within ninety (90) days of notice of the
overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment.
D. Inspection of Cost Records
The CONSULTANT and the subconsultants shall keep available for inspection by
representatives of the AGENCY and the United States, for a period of three years after final
payment, the cost records and accounts pertaining to this AGREEMENT and are items
related to or bearing upon these records with the following exception: if any litigation, claim,
or audit arising out of, in connection with, or related to this contract is initiated before the
expiration of the three-year period, the cost records and accounts shall be retained until such
litigation, claim, or audit involving the records is completed.
P01118 Exhibit C-3 23 January 2001
EXHIBIT D-1
TOTAL PHASE 1
Analysis of Costs - BERGER/ABAM Inc.
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 74 $ 57.70 $4,270
Project Manager 850 43.60 $37,060
Senior Project Engineer 856 32.10 $27,478
Project Engineer/Senior Engineer 406 28.20 $11,449
Planner 412 32.00 $13,184
Engineer/Technician 32 22.30 $714
Graphics/CADD 958 22.80 $21,842
Project Coordinator 214 18.60 $3,980
Clerical 32 19.10 $611
Direct Salary Cost Total 3834 $120,588
Direct Salary Cost $120,588
Overhead Cost 168.65% of DSC $203,372
Net Fee 12.00% of DSC & OH $38,875
Reimbursables
Travel/Parking
Computer/CADD
Reproduction/Postage
Miscellaneous
BERGER/ABAM SUBTOTAL $381,030
Subconsultants: (See Exhibit G)
TranSystems, Inc.
TranSpec
Shannon & Wilson
Transpo
SUBTOTAL $362,835
2,600
9,580
4,015
2,000
SUBTOTAL $18,195
14.5% Participation $105,948
14.0% Participation $101,980
8.9% Participation $65,004
10.3% Participation $75,437
SUBCONSULTANTS SUBTOTAL $348,370
Direct Non -Salary Total $366,565
GRAND TOTAL $729,400
/;-7-3/2-co
Date
EXHIBIT D-2
Reimbursables
Travel:
Mileage to Yakima, Subconsultant Offices, and Miscellaneous
20 months at 400 miles per month at $.325/mile
Computer:
CADD Design and Drafting
90% of CADD Hours @ $10/hr
$2,600
$9,580
Reproduction
Preliminary Draft EIS
120 pages and 15 copies at $.10/page $180
Draft EIS
120 pages and 200 copies at $.10/page $2,400
Preliminary Final EIS
50 pages and 15 copies at $.10/page $75
Final EIS
50 pages and 200 copies at $.10/page $1,000
Newsletters/Fact Sheets
6 Newsletters/Fact Sheets @1 page and 600 copies @$.10/page $360
Reproduction
Foam Boards for Presentations
20 Color Boards @ $100/Board
$2,000
Exhibit D-4
Labor Hour Estimate (HOUR EST.)
Project Name: City of Yakima - Railroad Grade Separation Projects
Project Number P01118
Prepared By:
Date: 23 -Jan -01
PHASE 1 PROJECT PRE -DESIGN AND ENVIRONMENTAL DOCUMENTATION
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
TASK 0 ADMINISTRATION
A. Project Management
40
100
140
B. Project Schedule
2
8
14
24
C. Progress Reports
12
60
24
18
114
D. Invoicing
54
36
90
E. Project Meetings
12
100
50
36
198
F. Qualtity Assurance
8
20
40
68
ADMINSTRATION TOTAL (ABAM)
74
342
128
0
0
0
0
90
0
634
TASK 1: PUBLIC PARTICIPATION PROGRAM
A. Public Participation Program
16
16
16
1.6
8
40
TTG
B. Project IDT
12
12
12
4,
16
TS
C. Project Guidance Team
30
30
16
16
T
24
4
28
TS
D. Community Advisory Group
30
30
16
16
T
Exhibit D-5
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
24
4,
28
TS
E. Workshops and Meetings
30
30
16
16
T
24
4
28
TS'
F. Fact Sheets and Newsletters
30
24
24
78
G. Mailing List
32
24
56
TOTAL PUBLIC PARTICIPATION PROGRAM
0
148
32
0
0
0
24
48
0
252
TOTAL PUBLIC PARTICIPATION PROGRAM
0
0
48
0.
0
0
0
0
0
48
T
TOTAL PUBLIC PARTICIPATION PROGRAM
0
84
0
0
16
0
0
0
0
100
TS
:TOT .66. d PARTiGtPATiON PRCIGRAM
0
... i&
.... . ,. 0
... . ..16
.... .. 0
'.
:.
.:0
...., 8
" 0
..
0
. .40
. Ti'G. .
TASK 2: BASEMAPS AND DATA COLLECTION
A. Data Collection
4
12
16
40
' 24
64
T
B. City Supplied Data and Team Review
4
12
8
24
12
10
22
T
;.,,.
C. Existing Data Review Memo & Recommendations
4
12
2
4
22
8
4
4
. 16
T
'..
8
.:
. . $
.
,. 4
;.
<
:,
' '
�
� ' 60
D. Subsurface Utility Engineering (SUE), Level D
0
Records Search
2
12
14
Field Investigations
2
16
18
Composite Map
2
16
60
78
E. Field Reconnaissance
8
8
16
32
8
8
T
4
4
16
24
TS
12
TTG
F. Base Maps
20
80
100
G. Preilr06ry.G4techni0a .Ln .0strg0t qrt....::..... .......... ...
... .........
..:... . .....:..._ e'.:
1.;.GeotechrEteal heti;. Griew ...F?i01d:1~: '.... ii0ii1 . ., ;
�. 9
;.. ;--
. `
�:..: �
......:..:....:40.;...�:;::...:�4
`...;...x':14
:........:.....40
.:.16:'.M,.':.�...-�""-.
..
::,. ; :'....
,..
,..:..«q;:
-.,..::,'130.....:5&*
..
Geotechnical ... p tJti-.:Studies ,, .,:.. U °'; , - '
°. �. 0
't6Q
42
„64
t3
.
40
-Y;...
z.0''�
.� c%W
TOTAL BASEMAPS AND DATA COLLECTION
0
26
44
80
0
0
150
0
4
304
0
Exhibit D-6
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
TOTAL BASEMAPS AND DATA COLLECTION
0
0
68
0
38
0
0
0
4
110
T
TOTAL BASEMAPS AND DATA COLLECTION
0
4
4
0
16
0
0
0
0
24
TS
,. .. .:
.....:....:.'i`t�TAi.$/IS�MF�?�AND>:DATA:COL4EC"f14N
ACO
:;.� .. ;: 48
..�...,......:.200
.... -
...;,.
46
,. - , :;
7f3
: <... .;
.;.,a4,
,<..,
; �ti 6
:::
_>:>,4A�
.z; •,�..;
`':p
.,,"
����2A''G.�
:.:.::
- .;.:SQA
• "S&W..
> .bitAL E3ASEMA0S AND BATA COLLEGTioN
:. 0
.:..
-1$..;::
24
:...'
.68<...
..,..
0
:,Ov:-
0
p-..:
1.. (6
TTS,..'
TASK 3: ALTERNATIVES IDENTIFICATION
A. General Alternative Solutions
1. Under Vs. Over
I Street
4
8
12
20
44
D Street
4
8
12
20
44
Lincoln Street
4
8
12
20
44
8 Street
4
8
12
20
44
Yakima Avenue
4
8
12
20
44
Mead Avenue
4
8
12
20
44
Washington Avenue
4
8
12
20
44
2. Railroad Under vs Over
T
Lower the Railroads
20
20
28
68
T
Elevate the Railroads
20
20
28
68
T
B. Traffic Issues & Constraints
1. Identification of Solution Sets
20
16
36
12
12
T
4
16
:... ......
1.2
.
:32
TTG, ..
Ttaffic:As$urriptions and Methods &
6
.:'...
832
12
... :.
4
- ..
76
TTG ..
o Traffio Parameters:"
4
'.12
2
,.4
114a,
TTG'
E. Trafiie.Artalysis . :..
24
40
70
`.-......
TOTAL ALTERNATIVES IDENTIFICATION
0
48
72
84
0
0
140
0
0
344
0
TOTAL ALTERNATIVES IDENTIFICATION
0
0
52
0
40
0
56
0
0
148
T
m . 'iOtA Ai»fikATIXES:.IDENtiO1dATION
":. A
� 48
.......
48
-
96
,
t06
.:
t#
•...
16
...
:.1:2
.. ;
Q
• .326
TM ..
TASK 4: ALTERNATIVES EVALUATIONS
A. General Alternative Solutions Evaluation Criteria
8
8
8
24
12
8
20
TS
Exhibit D-7
Labor Hour Estimate (HOUR EST.
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
B. Traffic /Channelization
2
16
18
C. Storm Drainage
2
16
12
30
D. Bridge & Wall Evaluations
4
24
28
E. Constructiuon Phasing/Railroad Shoofly
2
12
14
12
12
12
8
44
T
F. Environmental Mitigation
2
8
8
18
8
8
16
T
8
8
16
TS
G. Right -of -Way and Utility Relocations
2
20
22
8
20
4
32
T
H. Conceptual Estimates of Probable Construction Costs
2
40
42
40
8
48
T
I. Alternative Solution Sets Evaluation/Screening
0
Initial Screening
8
8
4
20
8
8
16
T
8
8
8
24
TS
4
......
2
6
2
.,..:
16
' TT.d
Second Screening
8
8
4
20
8
8
16
T
8
1
8
17
TS
;,•
4
1
: 8
.......
1
.°14
Final Screening
8
8
4
20
8
8
16
T
8
8
16
TS
.:. •
4
:
1:
8
...
1
:
14
TTG' .
TOTAL ALTERNATIVES EVALUATIONS
0
60
172
44
8
0
0
4
12
300
0
TOTAL ALTERNATIVES EVALUATIONS
0
0
92
44
0
32
0
0
20
188
T
TOTAL ALTERNATIVES EVALUATIONS
0
44
9
0
40
0
0
0
0
93
TS
°: °t'oTAI,:. ALT!»Fi#!1A'T1Vi 5 E /AWA"Ildk$,
: ' A
',.
4
24
....
0
0
.. .: ,,
... �€
0
.44
.7(7r0
TASK 5: PRE -DESIGN REPORT
A. Railroad Corridor Grade Separation Plan
10
40
40
8
98
B. Roadway Improvements .
16
16
32
C. Traffic/Channelization •
2
8
8
16
34
2
.8
:
....
......
;:.
10
TTG :
D. Storm Drainage
2
12
24
16
54
Exhibit D-8
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
E. Preliminary Bridge and Wall Evaluation
4
40
32
48
124
F. Construction Phasing/Railroad Shoofly
4
8
8
12
32
24
32
8
8
72
T
G. Environmental Mitigation
8
24
24
24
24
104
8
12
20
T
20
8
30
58
TS
H. Right -of -Way and Utility Relocations
2
10
10
12
34
I. Estimate of Probable Construction Costs
2
12
8
22
J. Pre -Design Report Preparation
6
24
24
8
62
TOTAL PRE -DESIGN REPORT
0
40
194
138
24
0
184
0
16
596
0
TOTAL PRE -DESIGN REPORT
0
0
32
0
0
32
20
0
8
92
T
TOTAL PRE -DESIGN REPORT
0
20
8
0
30
0
.0
0
0
58
TS
ibfiiii, k : DEStiak.REPORT
. `,
A
., .,2
:.
0
: ..... ... 8
0
... 0
t?
`
0.
- . 0,
.. .; t0
' TTG.
TASK 6: PROJECT MODEL
A. Railroad Corridor Project Model
24
40
40
260
364
B. Railroad Corridor Project Model Images
2 views per Grade Separation Location
24
200
224
TOTAL PROJECT MODEL
0
48
40
40
0
0
460
0
0
588
0
TASK 7: ENVIRONMENTAL REVIEW AND SCOPING
A. Scoping Meeting
8
8
0
T
16
8
24
TS
B. Project Checklist
8
8
20
36
8
8
T
8
140
148
TS
C, General & Coordination
20
4
60
84
T$
D. Streams Characterization
8
24
32
Exhibit D-9
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
E. Wetlands Characterization
8
24
32
F. Wildlife Investigation
8
24
32
TS
G. Water Quality Investigation
8
24
32
H. Floodplain Investigation
8
24
32
I. Cultural Resources Investigation
12
36
48
J. Preliminary Air Quality Investigation
8
24
32
T
K. Preliminary Noise Analysis Investigation
8
24
32
T
L. Section 4(f) Evaluation
8
24
32
M. Social and Economic Impacts
12
24
4
40
TS
N. Biological Assessment
4
24
16
44
TS
O. Environmental Permits
12
12
24
12
40
52
TS
TOTAL ENVIRONMENTAL REVIEW AND SCOPING
0
16
72
0
188
0
0
0
0
276
0
TOTAL ENVIRONMENTAL REVIEW AND SCOPING
0
0
0
36_
72
0
0
0
4
112
T
TOTAL ENVIRONMENTAL REVIEW AND SCORING
0
60
36
0
288
0
0
0
0
384
TS
TASK 8: DRAFT EIS
A. General & Coordination
12
12
24
8
60
92
TS
B. Scoping Document
8
20
20
48
8
32
40
80
TS
C. Preliminary Draft EIS
8
20
60
88
8
32
200
240
TS
D. Impacts & Mitigation
1. Land Use, Population, Comp Plans, Prime and
Unique Farmlands, Zoning
4
8
16
12
24
64
2. Transportation_... :`':. ,,... ..;.
4
. .. ....
16
6
. ...... ,...
fi
. 4
;"......: .'
40
... _TT.G
3. Social and Economic
16
80
96
T
4. Vegetation/Wetlands
2
2
4
2
8
18
5. Noise
12
72
84
T
6. Air Quality
12
72
84
T
Exhibit D-10
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
E. City Review Comments
8
20
28
4
4
20
28
T
8
40
48
TS
4
4
2
2
F. Review Meeting
8
4
12
4
4
8
T
8
12
20
TS
G. Review Draft EIS
4
4
4
4
8
T
8
16
24
48
TS
H. Camera -Ready Draft EIS
4
24
28
I. Printing & Distribution
4
12
16
TOTAL DRAFT EIS
0
62
54
20
114
32
0
36
0
318
0
TOTAL DRAFT EIS
0
0
12�
52
244
0
0
0
0
308
T
TOTAL DRAFT EIS
0
64
88
0
376
0
'0
0
0
528
TS
"foT& DRAFT El S
:.:-'�.
fl
.... �,.....
"14
:..':.........
- Q
,...... �''28
.:-... ..
�'....:::a}
-`:
a:
............6
:................::. ,.ii
136
i TM:
TASK 9: Final EIS '
A. General & Coordination
20
20
16
56
40
40
TS
B. Preliminary Final EIS
16
16
40
72
8
12
20
T
24
20
50
94
TS
C. Review Meeting
8
12
20
8
12
20
TS
D. Review Preliminary Final EIS
8
12
10
30
16
16
40
72
TS
E. Camera -Ready Final EIS
4
24
28
F. Priniting & Distribution
4
12
16
Exhibit D-11
Labor Hour Estimate (HOUR EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
SENIOR
PROJECT
ENGR
SENIOR
ENGR/
PROJECT
ENGR
PLANNER
ENG/GEO/
SURVEY
ENG/TECH
SURVEY
INSTR
GRAPHIC/
CADD
PROJECT
COORD
CLERICAL
TOTAL
SUB
DWGS
TOTAL FINAL EIS
0
60
48
0
78
0
0
36
0
222
TOTAL FINAL EIS
0
0
8
12
0
0
0
0
0
20
T
TOTAL FINAL EIS
0
88
36
0
102
0
0
0
0
226
TS
• T FINAL
1T
a
;�,
SUMMARY OF LABOR HOURS BY CONSULTANT
TOTAL PHASE 1
BERGER/ABAM Engineers
74
850
856
406
412
32
958
214
32
3834
TranSystems, Inc.
0
0
312
144
394
64
76
0
36
1026
T
TranSpec, Inc.
0
364
181
.0
868
0
0
0
0
1413
TS.
Shannon & Wilson ..
40
200.
46
78
54
16
40
0
20
502
S&W
,:.....
roe
;. 68
.. ,.......".2ae
Q
...:.... �..
........�zs
a..........
� 828
TOTAL ALL LABOR HOURS
122
1522
1463
836
1910
112
1108
240
88
7401
EXHIBIT E
BREAKDOWN OF OVERHEAD COST
In this section, the following document is as follows.
s WSDOT's Audited Overhead Cost Breakdown
P01118 Exhibit E-1 23 January 2001
BERGER/ABAM ENGINEERS INC.
WSDOT AUDITED FY 2000 INDIRECT COST RATE, ONE -TIER SYSTEM
(2080 Basis)
In 000s
FY 2000
Allocation Base
Total Direct Labor
Indirect Costs
Indirect labor (Admin, Proposal, Negotiation) $2,623
Vacation, Holiday, Sick, Other Labor 742
Fringe Benefits 1,193
Administration Expense 508
Proposal Expense 90
Facilities 673
Furniture, Equipment, and Supplies 198
Communication and Reproduction 164
Computer Services 31
Auto and Field Equipment Expense 24
Miscellaneous Taxes and Insurance 22
E&O Insurance 276
B&0 Taxes 270
Total Indirect Costs
Indirect Cost Rate, Labor Overhead
Indirect Costs/Allocation Base =
$4,040
$6,814
$6,814/4,040
= 168.65%
P01118 Exhibit E-2 23 January 2001
EXHIBIT F
PAYMENT UPON TERMINATION OF AGREEMENT
BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT
(Refer to Agreement, Section IX)
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously
made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at
the time of termination is to the total work required for the Project. In addition, the CONSULTANT
shall be paid for any authorized extra work completed.
P01118 Exhibit F-1 23 January 2001
EXHIBIT G
SUBCONTRACTED WORK
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT.
• TranSystems, Inc.
1450 — 114th Avenue SE, Suite 110
Bellevue, WA 98004
■ Widener & Associates
1400 Talbot Road, Suite 205
Renton, WA 98055
■ The Transpo Group, Inc.
11730 — 118th Avenue NE, Suite 600
Kirkland, WA 98034-7120
■ Shannon & Wilson
400 North 34th Street, Suite 100
P.O. Box C-30313
Seattle, WA 98103
P01118 Exhibit G-1 23 January 2001
EXHIBIT G-1
TOTAL PHASE 1
Sub -Consultant Analysis of Costs - TranSystem, Inc
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 0 $
Project Manager 0 42.34
Senior Project Engineer/Scientist 312 42.34 13,210
Senior Engineer/Project Engineer 144 58.86 8,476
Planner/Engineer 394 28.56 11,253
Engineer/Tech 64 29.52 1,889
CADD 76 20.94 1,591
Project Coordinator 0 -
Clerical 36 19.58 705
Direct Salary Cost Total
1026 $37,124
Direct Salary Cost $37,124
Overhead 154.81% of DSC $57,472
Net Fee 12.00% of DSC+OH $11,352
Reimbursables
SUBTOTAL $105,948
Travel/Parking $0
Computer $0
Reproduction/Postage $0
Communications $0
Miscellaneous $0
SUBTOTAL
TOTAL
$0
$105,948
EXHIBIT G-1
TOTAL PHASE 1
Sub -Consultant Analysis of Costs - Widener & Associates
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 0 $
Project Manager 364 43.25 15,743
Senior Project Engineer/Scientist 181 30.00 5,430
Senior Engineer/Project Engineer 0 -
Geologist 868 17.00 14,756
Engineer/Tech 0
CADD 0
Project Coordinator 0
Clerical 0
Direct Salary Cost Total 1413 $35,929
Direct Salary Cost $35,929
Overhead 150.00% of DSC $53,894
Net Fee 12.00% of DSC+OH $10,779
Reimbursables
SUBTOTAL $100,601
Travel/Parking $1,229
Computer $0
Reproduction/Postage $150
Communications $0
Miscellaneous $0
SUBTOTAL
TOTAL
$1,379
$101,980
EXHIBIT G-2
TOTAL PHASE 1
Sub -Consultant Analysis of Costs - Shannon & Wilson
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 48 $ 57.29 $2,750
Project Manager 200 29.45 $5,890
Senior Project Engineer 46 36.75 $1,691
Project Engineer/Senior Engineer 78 26.50 $2,067
Planner 54 21.30 $1,150
Engineer/Technician 16 18.93 $303
CADD 40 24.73 $989
Project Coordinator 0 $0
Clerical 20 19.53 $391
Direct Salary Cost Total
502 $15,230
Direct Salary Cost $15,230
Overhead Cost 182.00% of DSC $27,719
Net Fee 12.00% of DSC & OH $5,154
Reimbursables
Drilling and Expenses
Travel/Parking
Computer
Postage/Delivery
Reproduction/Postage
Per Diem
SUBTOTAL $48,103
$
15,711
$200
$90
$150
$250
$500
SUBTOTAL $ 16,901
TOTAL $65,004
EXHIBIT G-3
TOTAL PHASE 1
Sub -Consultant Analysis of Costs - Transpo
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 0 $ $0
Project Manager/Principal Engineer 108 53.33 $5,760
Senior Project Engineer/Planner 68 38.88 $2,644
Project Engineer/Senior Engineer 208 35.09 $7,299
Engineer 182 31.31 $5,698
Engineer 0 $0
CADD 34 24.77 $842
Project Coordinator 26 17.89 $465
Clerical 0 38.88 $0
Direct Salary Cost Total 626 $22,708
Diirect Salary Cost
Overhead Cost
Net Fee
Reimbursables
190.7%
12.00%
$23,173
of DSC $44,182
of DSC & OH $8,083
SUBTOTAL $75,437
Travel/Parking $0
SUBTOTAL
TOTAL
$0
$75,437
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4 9
For Meeting of January 16, 2001
ITEM TITLE: Award Consultant Contract for
Railroad rade Separation Contract with Berger/ABAM
SUBMITTED BY: �% •': • . rtment. of Community and Economic Development -
Engineering Division
CONTACT PERSON/TELEPHONE: K. Wendell Adams, Engineering Division Manager, 576-6648.
SUMMARY EXPLANATION:
Attached is a Consultant Contract Agreement for the Analysis of the Grade Separation of
the BNSF Railroad lines and Yakima City Streets. This work will analyze methods of
separating the rail and vehicle traffic through the Yakima Corridor and make a final
recommendation to City Council. The cost for this analysis is $722,000, which includes all
costs associated with this analysis. The time to complete this analysis will be
approximately one year.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Arterial Street Fund Fund 142
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION:
ity Manager
Approve the Consultant Agreement for Railroad Grade Separation Services with Berger/ABAM for
the above referenced project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: