HomeMy WebLinkAboutR-2001-013 Northwest Signal Traffic Engineering (NWS) contractRESOLUTION NO. R-2001- 13
A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute a Professional Services Contract
with Northwest Signal (NWS) Traffic Engineering to prepare
plans, specifications and estimates necessary to develop
construction bids for the upgrading of the 40 intersections within
the Yakima CBD fixed time system.
WHEREAS, the City of Yakima intends to reduce congestion, delay and vehicle
emissions in the downtown area by embarking on a program to replace the existing traffic
control system with a modern, fully actuated control system; and
WHEREAS, in order to implement necessary system improvements, the City of
Yakima was successful in obtaining Federal funds of $1,288,000 from the Congestion
Mitigation and Air Quality (CMAQ) program as well as State funds of $1,512,000 from
the Corridor Congestion Relief Program through WSDOT; and
WHEREAS, the City requires professional traffic engineering and design
services in order to produce the necessary plans, specifications and estimates for
construction bids by May 31, 2001;
WHEREAS, Northwest Signal Traffic Engineering Inc., is a professional
engineering consulting firm which specializes in signalized intersections and has the
experience and expertise to provide the required services in accordance with the terms
and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with Northwest Signal Traffic Engineering., for
professional services in accordance with the terms and conditions of the attached
agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the city of Yakima are hereby authorized
and directed to execute the attached and incorporated agreement with Northwest Signal
Traffic Engineering, Inc., for professional services related to Yakima CBD Signal
Enhancement Project.
ADOPTED BY CITY COUNCIL this _16th day of January, 2001.
ATTEST:
City Clerk
Mary ' 'a e, Mayor
Standard Consultant
Agreement
CONSULTANT/ADDRESS/TELEPHONE
Northwest Signal Supply Inc. dba NWS
Traffic Engineering.
17410 SW 63rd Avenue,
Lake Oswego, OR 97035
(503)697-4730
AGREEMENT NUMBER
FEDERAL AID NO.
A
G
R
E
E
M
E
N
T
c
x
E
c
K
0
N
E
❑
LUMP SUM
Lump -Sum Amount $
PROJECT TITLE AND WORK
DESCRIPTION
Yakima CBD Signal and Traffic Flow
Enhancement Project
Q
COST PLUS FIXED FEE
Overhead Progress Payment
Rate $
%
DBE Participation
❑ Yes Q No
MBE Participation
❑ Yes Q No
Overhead Cost Method
❑ Actual Cost Not To Exceed:
Federal ID No.
or SSN
91-6001293
Do you require a 1099
for IRS?
❑ Yes Q No
Q Fixed Rate: 165.40%
Fixed Fee: $16,377.58
❑
SPECIFIC RATES OF PAY
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
Completion Date
April 25, 2001
Maximum Amount
Payable
$ 183,000
❑
COST PER UNIT OF WORK
THIS AGREEMENT, made and entered into this 23rd day of January , 2001,
between the City of Yakima, Department of Community and Economic Development,
Engineering Division, Washington, hereinafter called the "AGENCY", and the above organization
hereinafter called the "CONSULTANT'.
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomphsh 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:
Exhibit A-1 January 9, 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.
II
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 CONSULTANT shall prepare a monthly
progress report, in a form approved by the AGENCY, that will outhne 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.
Exhibit A-2 January 9, 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 II, "Scope of Work". The CONSULTANT shall conform with all applicable
portions of 48 CFR 31. The fees for the above described services shall be in accordances with the
Compensation Requirements as described in "Exhibit D" attached hereto and by this reference made
part of this AGREEMENT and shall not exceed One Hundred Eighty Three Thousand Dallars
($183,000).
Not applicable to this contract.
VI
SUBCONTRACTING
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.
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 pubhc 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
Exhibit A-3 January 9, 2001
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 1s 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 facihties 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.
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
Exhibit A-4 January 9, 2001
as the AGENCY or the Federal Highway Administration may direct as a means of enforcing
such provisions, including sanctions for noncomphance; provided, however, that, in the event
a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant
or suppher 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
attached hereto, and by this reference made part of this AGREEMENT.
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.
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 hsted 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.
Exhibit A-5 January 9, 2001
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 ,t 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 Pubhc 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 initiated in Superior Court of the State 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.
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
Exhibit A-6 January 9, 2001
officers, agents 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 vand
and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the
CONSUTLTANT's agents, nfficers 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
ne gotiation.
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 habihty 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 pohcy shall be in effect for the duration of this
AGREEMENT. The pohcy 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
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 Liabihty 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. If the
policy is on a claims made basis, the retroactive date of the insurance pohcy 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.
Exhibit A-7 January 9, 2001
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.
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
Exhibit A-8 January 9, 2001
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.
By (l) a,1 lkt tii By . °-ez�'
Richard A. Zais, Jr.
j - i t City Manager
Consultant:Northwest Signal Supply Inc. dba NWS Traffic Engineering. Agency City
of Yakima
Dept. of Community and
Economic Development
Attest:.
City Clerk
City Contract No. 2001-07
Resolution No. R-2001-13
Exhibit A-9 January 9, 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 Maston Wolfe and duly authorized representative of the firm of
Northwest Signal Supply Inc. dba NWS Traffic Engineering whose address is 17410 SW 63rd
Ave, Lake Oswego, OR 97035 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 Signature
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.
f 2; ' cc's
Date Signature
Exhibit A-10
January 9, 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 inehgible,
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): Northwest Signal Supply Inc. dba NWS Traffic Engineering.
�--l-l.--vl
Date
President or Authdj
rize Official of Consultant
Signature
Exhibit A-11 January 9, 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): Northwest Signal Supply Inc. dba NWS Traffic Engineering.
7- 0/ `122 LL)&L
Date President or Authotized Official of Consultant
Signature
Exhibit A-12 January 9, 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 January 9, 2001. 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: Northwest Signal Supply Inc. dba NWS Traffic Engineering.
Name: Maston Wolfe
Title: Engineering ManagerF
Date of Execution I .,r,.., LL) -P-
l� vv i,' &V j i 7 C3 r
Exhibit A-13 January 9, 2001
EXHIBIT B-1
YAKIMA CBD SIGNAL ENHANCEMENT PROJECT
Scope of Work: Engmeermg Component of Plans, Specifications and Estimates for Signal Remodel of 40 CBD
Intersections
Northwest Signal Supply Inc. dba NWS Traffic Engmeermg
January 8, 2001
Project Description
The City of Yakima intends to reduce congestion, delay, and vehicle emissions m the downtown area by embarking
on a program to replace the existing traffic control system with a modem, fully actuated control system. The
components of the new traffic control system mclude new controllers and cabinets, video vehicle detection,
pedestrian detection, and a new closed loop software package. In order to get the new system in place, the city will
hire Northwest Signal Supply Inc. dba NWS Traffic Engineering (NWS), a professional traffic signal consulting
firm, to prepare plans, specifications, and estimates (PS&E) necessary to advertise for construction bids in 5/2001.
Following construction, NWS will perform the initialization and optimization of the new control system.
Engineering design of the fiber optic signal interconnect system will be conducted under a separate contract.
The purpose of the project, as stated above, is to provide the City of Yakima with a modern traffic control system,
able to minimize vehicle delay, congestion and vehicle emissions m downtown. NWS will design, program and
optimize a system that accomplishes this purpose, with the monies available.
The City of Yakima has identified 40 intersections for remodeling on this project which currently
operate on an 80 -second fixed time signal cycle. The existing system is a mixture of 18 LMD-40 units
and 22 LC -40 signal controllers. The signal master controller cannot support optimization with
vehicle actuation, due to the age and vintage of the controllers and master. Many of the fixed time
controlled intersections have long green phases because of the minimum pedestrian crossing period
which is included in every signal cycle regardless of the presence of pedestrians. The components of
the new traffic control system include new controllers and cabinets, video vehicle detection,
pedestrian detection, fiber optic interconnect and a new closed loop software package.
Signal Remodel 40 Intersections Scope of Work
Prepare PS&E for the replacement of traffic control cabinets, the installation of video detection, installation of
pedestrian pushbuttons, and other related work. NWS will work closely with city staff to ensure that appropriate
information is exchanged at all times. NWS will need at least the following mformation from the city.
a. Base mapping (digital, where possible)
b. As -built drawings of existing signals and conduit
c. Notes from signal inventories (if available)
d. Synchro model
e. CAD standards
f. Contact info for all stakeholders (city, state, utility, other)
NWS expects that each intersection will require a separate plan sheet. There will be a need for a few detail sheets,
brmgmg the total to about 43 sheets. Northwest Signal Supply Inc. dba NWS Traffic Engineering will submit the
design to the city for review at the 75% and 95% levels. Plans at the 75% level should include an intersection plan,
the locations of existing signal equipment, the locations of the new signal and pedestrian equipment, legend, scale,
north arrow, and title block. Plans at the 95% level will add all project specific details and notes and video detection
plans. Review plans will be prepared in AutoCad and produced on half-size paper (11 x 17).
There will be the need for other miscellaneous signal design work, in addition to the new controller cabinets and the
addition of detection. Approximately four mtersections will need to have optical preemption equipment installed or
Exhibit B-1 January 9, 2001
upgraded. Two or three locations need to have their left turn phasing reconsidered. Additionally, some minor pole
modifications may be needed to facilitate video vehicle detection.
Construction specifications will be prepared for all items required in this project. Specifications will be written in
MS Office Northwest Signal Supply Inc. dba NWS Traffic Engineering will prepare an itemized estimate in MS
Office.
The following subtasks are proposed:
A. Meetings
B. Collect data from City
C. Layout plan sheets
D. Perform field data gathermg
E. Prepare 75% PS&E
F. Prepare 95% PS&E
G. Finalize PS&E
Minimum Standards:
To maintain system compatibility the City of Yakima requires the following•
1 All new controllers must be either a LMD 40 controller or comparable unit which meets or exceeds NEMA
TS 1 standards or more recent TS2 version standards and is compatible with the existing LMD 40
controllers in the system.
2. The City of Yakima intends to implement a Centralized Closed Loop System, such as the CL -MATS
software or comparable central control system which employs a Windows based graphical interface
3. Signal Control Master unit must be compatible with LMD 40 intersection controllers, such as the Peek
M3000 or equivalent, as approved by the City of Yakima.
4. (A) Video Detection to be provided at all 40 intersections must be a minimum of the Peek VideoTrak-910
unit or equivalent and be compatible with TS1 or TS2 type controllers. Wide Area Video Vehicle
Detection System. The Wide Area Video Vehicle Detection System shall consist of two components; the
Video Trackmg and Processing Unit and the CCD Video Cameras.
(B) The Video Tracking and Processing Unit shall have the following features.
• The unit shall use an open architecture, 3U VME platform, to simplify future upgrades.
• The unit shall provide true, full field-of-view, wide area tracking.
• The unit shall contain a power module, an I/O module, a CPU module, and a video processing
module capable of accommodating 1-4 cameras.
• The unit shall be able to process up to 128 zones of detection.
• The unit shall offer up to 64 vehicle detection/incident detection ground -true outputs.
• The unit shall have a built -m RS -485 port for TS2 communication interface.
• The unit shall be set-up and interfaced via a Windows based software package.
• The unit shall provide digital video via an RS -232 port.
(C) The CCD Cameras shall have the following features:
• They shall be monochrome, medium resolution CCD cameras
• They shall have a power zoom.
• They shall be encased in a NEMA 4R rated housing.
• They shall have a military MS connector
5. Pedestrian Actuation for all 40 mtersections will require large LED displays, audible messages, ruggedized
buttons like those provided in the Polara Navigator APS or equivalent.
Exhibit B-2 January 9, 2001
Deliverables:
• Prehrmnary engmeermg plans in mylar (11 x 17) and digital foiniat, about 43 sheets.
• Construction specifications
• Construction estimate
Construction Support
A. Meetmgs (Pre-bid, Pre -con)
B. Respond to contractor questions
C. Prepare As-builts
System Set-up and Implementation
The following steps will be performed to enable the new traffic controllers:
A. Prepare controller dial cards
B. Install controller timing
NWS shall convert all approved Synchro runs into intersection dial cards, appropriate for the specific controller at
each intersection. The dial cards shall be installed in MATS CL and downloaded to the local controllers.
Deliverables
• Dial Cards, for each of 40 intersections, loaded m MATS CL.
Schedule
Consultant Notice to Proceed
Kickoff Meetmg
Submit PS&E at 75%
Comments Returned to NWS
Submit PS&E at 95%
Comments Returned to NWS
Final PS&E Submittal
Begin System Set-up and Implementation
Complete System Set-up and Implementation
January 18, 2001
January 18, 2001
March 30, 2001
April 6, 2001
April 15, 2001
April 25, 2001
May 1, 2001
During Construction
60 Days After End of Construction
Exhibit B-3 January 9, 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 apphcable 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 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 bilhng purposes. It shall be used for the computation of progress
payments 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.
Exhibit C-1 January 9, 2001
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 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
Exhibit C-2 January 9, 2001
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 mnety (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 mvolvmg the records is completed.
Exhibit C-3 January 9, 2001
EXHIBIT D: ANALYSIS OF COSTS
Budget for Signal Remodel of 40 CBD Intersections - City of Yakima
Meusch Deskins
Project Traffic
Task Subtask Manager Engineer
103.43 88.21
Mason
Senior
Engineer
116.80
Christofferson
Project
Designer
102.20
Ard
Traffic
Designer
68 44
Stone
Traffic
Designer
68.44
Rice
CAD
Tech
65 00
Labor
Total
Expenses
Labor
Subtotal
Expenses
Subtotal
A. Project Management
Meetings with City staff, 36
12
74
Monthly Status Reports
Task Hours 36
12
0
24
0
0
0
72
Labor Total: $3,723
$1,059
$0
$2,453
$0
$0
$0
$7,235
Expenses
Reproduction
Travel
$0
Expense Total:
$500
Task Totals
$7,235
$500
B. Signal Design
Collect Data 8
8
20
8
Layout Plan Sheets 8
24
40
160
Perform Field Data 8
250
96
Gathering
Preliminary Signal Design 16
and Estimate (75%)
80
20
60
120
140
160
Detailed Signal Design, 40
80
60
120
140
80
Estimate, Specs (95%)
Final Signal Design (100%) 16
40
30
40
40
40
Task Hours 96
232
20
460
280
424
440
1952
Labor Total: $9,929
$20,465
$2,336
$47,012
$19,163
$29,019
$28,600
$156,524
Expenses
Reproduction
$1,200
Travel
$500
Expense Total:
$1,700
Task Totals
$156,524
$1,700
C. Construction Support
Pre-bid, Pre -con Meetings 16
8
Respond to Contractor 8
8
Questions
Prepare As-Builts 8
16
40
Task Hours 32
24
0
8
0
40
0
104
Labor Total: $3,310
$2,117
$0
$818
$0
$2,738
$0
$8,982
Expenses
Travel
$250
Expense Total:
$250
Task Totals
$8,982
$250
D. System Set-up and Implementation
Program Local Controllers 60
12
Task Hours 60
0
0
12
0
0
0
72
Labor Total: $6,206
$0
$0
$1,226
$0
$0
$0
$7,432
Expenses
Travel
$250
Expense Total:
$250
Task Totals
$7,432
$250
Estimated Project Hours 224
268
20
504
280
464
440
2200
Estimated Project Cost:
$180,173
$2,700
GRAND TOTAL =
Exhibit C-4 January 9, 2001
$182,873
EXHIBIT E
BREAKDOWN OF OVERHEAD COST
In this section, the following document is as follows.
■ WSDOT's Audited Overhead Cost Breakdown
Exhibit E-1 January 9, 2001
NORTHWEST SIGNAL SUPPLY INC. DBA NWS TRAFFIC ENGINEERING.
INDIRECT COST RATE, ONE -TIER SYSTEM
(2080 Basis)
In 000s
FY 2000
Allocation Base
Total Direct Labor
Indirect Costs
Indirect labor (Admin, Proposal, Negotiation) $50,633
Vacation, Holiday, Sick, Other Labor 5,611
Fringe Benefits 4,838
Administration Expense 5,000
Proposal Expense 3,000
Facilities 22,548
Furniture, Equipment, and Supplies 12,000
Communication and Reproduction 2,000
Computer Services 6,100
Auto and Field Equipment Expense 5,000
Miscellaneous Taxes and Insurance 2,000
E&O Insurance 5,300
B&0 Taxes 12,731
Total Indirect Costs
Indirect Cost Rate, Labor Overhead
Indirect Costs/Allocation Base =
$82,715
$136,761
$136,761/82,715
= 165.40,
Exhibit E-2 January 9, 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.
Exhibit F-1 January 9, 2001
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.11
For Meeting Of January 16, 2001
ITEM TITLE: Consideration of Legislation to Implement the "Yakima CBD Signal and
Traffic Flow Enhancement Project" including:
(A) Resolution authorizing and directing the City Manager and the City Clerk of the City of
Yakima to execute a Professional Services Contract with Northwest Signal (NWS)
Traffic Engineering; and
(B) Appropriation Ordinance amending the 2001 Budget to accomplish this project and
reflect related grant revenue.
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager
Joan Davenport, Supervising Traffic Engineer
SUMMARY EXPLANATION:
The City of Yakima intends to reduce congestion, delay and vehicle emissions in the downtown
area by implementing a program to replace the existing traffic control system at 40 street
intersections. The project is funded using two different sources. Federal funds of $1,288,000 are
from the Congestion Mitigation and Air Quality (CMAQ) program. State funds of $1,512,000
are from the Corridor Congestion Relief Program through WSDOT, for a total project cost of
$2,800,000. The local match requirement is estimated at $120,000, and is anticipated to be in-
kind instead of cash.
One restriction with the State funds is that construction funds must be obligated by May 31,
2001. In order to meet these grant requirements, staff respectfully submits this contract and
resolution to hire NWS Traffic Engineering to prepare the plans, specifications and estimates
(PS&E) for construction bids of the improvement to the 40 intersections in the Yakima CBD
system. Maximum contract amount for this phase is $183,000, to be covered by grants. The
appropriation ordinance is necessary to establish the project budget and reflect the related grant
revenue.
Resolution X Ordinance X Contract X Other (Specify)
Funding Source: Arterial Street Fund-- $183,100 of WSDOT grant funds and federal CMAQ
funds /%
APPROVAL FOR SUBMITTAL: .1►�
City . ager
STAFF RECOMMENDATION: A) Adopt the Resolution which authorizes execution of the
contract; and B) Read Ordinance by title only at the January 16, 2001 meeting; pass ordinance
following the second reading at the February 6, 2001 meeting.
BOARD RECOMMENDATION:
(A)
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-13
(B)
Second reading of ordinance scheduled for February 6, 2001