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HomeMy WebLinkAboutR-2004-052 Widener & Associates AgreementRESOLUTION NO. R 2004 - 52 A RESOLUTION authorizing and directing the City Manager to execute an environmental services agreement between the City of Yakima and Widener & Associates to provide environmental documentation, updates and reports regarding the Washington Avenue Widening, Lincoln Avenue Sidewalks, and 16th Avenue/Englewood Pedestrian Sidewalk projects. WHEREAS, the Engineering Division requires environmental services to prepare certain environmental documentation, updates and reports regarding the Washington Avenue Widening, Lincoln Avenue Sidewalks, and 16th Avenue/Englewood Pedestrian Sidewalk projects; and WHEREAS, Widener & Associates has the experience and expertise necessary to provide said environmental services and is willing to provide such 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 the attached agreement with Widener & Associates for environmental services related to the referenced projects, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated environmental services agreement with Widener & Associates to provide environmental documentation, updates and reports regarding the Washington Avenue Widening, Lincoln Avenue Sidewalks, and 16th Avenue/Englewood Pedestrian Sidewalk projects. ADOPTED BY THE CITY COUNCIL this 16th day of March, 2004. ATTEST: City Clerk res/engineering-widener & associates Paul P. George, Mayor Standard Consultant Agreement CONSULTANT/ADDRESS/TELEPHONE Widener & Associates 9908 Airport Way, Building 12 Umt 1, Snohomish, WA 98296 (425) 503-3629 AGREEMENT NUMBER FEDERAL AID NOS. - REV 4558(001) P-E-180(P01) & POMVIP — 4555(003) A G R E E M E N T c E c K N E ❑ LUMP SUM Lump-Sum Amount $ PROJECT TITLE AND WORK DESCRIPTION Biological Assessment Updates and Wetland Monitoring Reports E71COST PLUS FIXED FEE Overhead Progress Payment Rate $ DBE Participation ❑ Yes Q No MBE Participation Overhead Cost Method ❑ Actual Cost Not To Exceed: % ❑ Yes FA No Federal ID No. Or SSN 58-2590500 Do you require a 1099 for IRS? ales❑ No Q Fixed Rate: 150% Fixed Fee: $4,887 ❑ SPECIFIC RATES OF PAY ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Completion Date September 30, 2008 Maximum Amount Pa able Y $ 46,353 ❑ COST PER UNIT OF WORK THIS AGREEMENT, made and entered into this / ` day of / ,4 --Cd , 014- , between the City of Yakima, Department of Community and Economic Development, Engineering Division, hereinafter called the "AGENCY", and Widener & Associates, 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: P00221 1 29 November 2000 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 accomphsh the completed work for this PROJECT. The CONSULTANT shall furmsh 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 mimmum 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 habihty 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 estabhshed 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. P00221 2 29 November 2000 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 Forty Six Thousand Three Hundred and Fifty Three Dollars ($46,353.00). 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 apphcable 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. P00221 3 29 November 2000 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 quahfication 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. P00221 4 29 November 2000 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 Umted 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 (10) 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 (10) 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. P00221 5 29 November 2000 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 P00221 6 29 November 2000 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 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 neghgence, (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 liabihty 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 hability insurance with a minimum liabihty limit of One Milhon 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 P00221 7 29 November 2000 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 obhgation or habihty 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 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 pohcy 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, 2004, 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 comphed 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. P00221 8 29 November 2000 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. By Its By CITY OF YAKIMA Dick Zais, ' y Manager CITY CONTRACT NO: RESOLUTION NO: P00221 9 29 November 2000 EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project Nos. 1901, 1879, & 2046 Local Agency City of Yakima Dept. of Community and Economic Development I hereby certify that I am Ross L. Widener and duly authorized representative of the firm of Widener & Associates whose address is 9908 Airport Way, Building 12 Unit 1, Snohomish, WA 98296 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 fund, nd isssubject to a licable State and Federal laws, both criminal and civil. Date Signat 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 StatandFederal laws, both criminal and civil. 8 -1 A. zta Q st Date Signature P00221 Exhibit A-1 29 November 2000 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): Widener & Associate Date lid esidenf or Authorized Official of Consultant Signature P00221 Exhibit A-2 29 November 2000 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): Widener & Associates 3//e/or. Date Preside rlE or Authorized Official of Consultant Signature P00221 Exhibit A-3 29 November 2000 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 26 November 2002. 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: Widener & Associates Name: Ross L. Widener Title: Vice President Date of Execution 37/1 /6 P00221 Exhibit A-4 29 November 2000 Exhibit B PROJECT UNDERSTANDING The project consists of updating the Section Seven Consultations on two sidewalk projects and the West Washington Avenue project. The work also consists of providing wetland monitoring reports for the wetland mitigation site and the preparation of the wildhfe management plan for the West Washington Avenue project. TASKS 1. Prepare letters requesting current species and habitat information from NMFS, USFWS, WDRW, and WDNR. 2. Prepare biological assessment update letters for the three projects 3. Prepare Wildlife Management Plan for West Washington Avenue and coordinate the FAA approval. 4. Assist the City with implementation of the West Washington Avenue wetland mitigation site. 5. Provide wetland mitigation monitoring reports for the West Washington Avenue wetland mitigation site. 6. Prepare biological assessment updates for West Washington Avenue PROJECT DELIVERABLES 1. Biological Assessment Updates 2. Wetland Migration Plan Monitoring Reports 3. Wildlife Management Plan P00221 Exhibit B-1 29 November 2000 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, techmcal, 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 shall 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 P00221 Exhibit D 29 November 2000 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, supphes, 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 fisting 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 P00221 Exhibit D 29 November 2000 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. P00221 Exhibit D 29 November 2000 Exhibit D • Assumes 5 wetland monitoring reports • Assumes 5 Biological Assessment Update Letters P00221 Exhibit D 29 November 2000 Project Manager Environmental Planner Total hours Biological assessment updates 10 50 60 Wetland mitigation assistance 20 40 60 Wildlife Management Plan 24 40 64 Wetland Monitoring Reports 30 300 330 Project management 20 20 Totals 104 430 534 Summary Hours Rate* Cost Project Manager 104 $45 $4,680 Environmental Planner 430 $27 $11,610 Total Labor 534 $16,290 Overhead=150% $24,435 Profit= 30%of Labor $4,887 Reimbursable expenses Mileage 6@270 miles @ 36.5 $591 Lunch Repro/copies $100 Photo's $50 Subs TOTAL ESTIMATED COST $46,353 • Assumes 5 wetland monitoring reports • Assumes 5 Biological Assessment Update Letters P00221 Exhibit D 29 November 2000 EXHIBIT E Widener & Associates BREAKDOWN OF OVERHEAD COST FY 2003(Projected) Direct Labor $160,680 OH Rate as % of Direct Labor FRINGE BENEFITS Holiday pay 5.38% $8,645 Vacation 9.62% $15,457 Sick Pay 1.07% $1,719 Other paid absences (Seminars) 0.91% $1,462 Insurance - Health + Life 2.56% $4,113 Pension plan 12.93% $20,776 Profit sharing plan 12.93% $20,776 Seminars, Education 0.37% $595 Total Fringe Benefits 45.77% $73,543 GENERATED OVERHEAD Indirect salaries 49.03% $78,781 Bid & proposal salaries 3.83% $6,154 Insurance - Professional liability 4.41 % $7,086 Insurance - other 0.23% $370 Computer expense 3.79% $6,090 Travel & living expense 11.29% $18,141 Office Supplies 1.26% $2,025 Office rent and utilities 15.52% $24,938 General office expenses 6.92% $11,119 Telephone 5.91% $9,496 Taxes - State Business & Occupation 2.04% $3,278 Total Generated Overhead 104.23% $167,477 Total Fringe Benefits + Generated Overhead 150.00% $241,020 P00221 Exhibit E-1 29 November 2000 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. P00221 Exhibit F-1 29 November 2000 EXHIBIT G SUBCONTRACTED WORK The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT. ■ Western Shore Heritage Services Day Road Industrial Park 8001 Day Road West, Suite B Bainbridge Island, WA 98110 206.855.9020 Services to be performed by this subconsultant may include, but not be limited to; preparing a wetland mitigation plan for the adjacent wetlands in Washington Avenue, determining what methods to maintain the wetlands, and a maintenance plan to preserve the wetlands that are mitigated. P00221 Exhibit G-1 29 November 2000 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 16, 2004 ITEM TITLE: Resolution authorizing Environmental Services Agreement with Widener & Associates SUBMITi'ED BY: Engineering Division CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer (575-6111) SUMMARY EXPLANATION: Attached for City Council consideration is an environmental services agreement with Widener & Associates to provide necessary environmental documentation, updates and reports regarding the Washington Avenue Widening, Lincoln Avenue Sidewalks, and 16th Avenue/Englewood Pedestrian Sidewalk projects. The $46,353 in compensation for the services to be performed under this agreement shall be provided through federal funding. The time to complete this described environmental services will be approximately three years. City Council is respectfully requested to pass the attached resolution authorizing execution of this environmental services agreement with Widener & Associates. Resolution X Ordinance Contract X Other (Specify) Funding Source Arterial Street Fund Fund 142 APPROVED FOR SUBMITI AL: STAFF RECOMMENDATION: City Manager Pass resolution authorizing environmental services agreement with Widener & Associates. BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R 2004-52.