HomeMy WebLinkAboutR-2006-114 Hammond Collier Wade Livingstone AgreementRESOLUTION NO. R-2006-114
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement, in a format approved by legal counsel, with Hammond
Collier Wade Livingstone (HCWL) for the purpose of conducting a
review for compliance with federal prevailing wage regulations
related to the Hilton Garden Inn Section 108 Loan project.
WHEREAS, the City of Yakima provided a $3,560,000 Section 108 loan from the
U.S. Department of Housing and Urban Development (HUD) to Morrier Hotel, LLC for
the construction of a Hilton Garden Inn Hotel; and
WHEREAS, as a condition of the Section 108 loan, Morrier Hotel, LLC and the
City agreed to comply with all applicable federal regulations, including the Davis -
Bacon Act as it it relates to payment of federally approved prevailing wages for all
construction work on the project; and
WHEREAS, the City needs technical assistance to ensure compliance with the
Davis -Bacon Act; and
WHEREAS, the City directed that a portion of the Section 108 loan proceeds be
allocated to pay for the cost of monitoring and auditing compliance with Davis -Bacon;
and
WHEREAS, Hammond Collier Wade Livingstone (HCWL) has extensive
experience providing technical assistance for successful community and economic
development projects; and
WHEREAS, HCWL is willing to provide said technical assistance in accordance
with terms and conditions of a "Professional Services Agreement" that shall be
reviewed and approvedby legal counsel prior to execution by the City Manager; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into a "Professional Services Agreement", with HCWL, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized to execute a "Professional Services Agreement"
with Hammond Collier Wade Livingstone for the purpose of conducting a review for
compliance with federal prevailing wage regulations related to the Hilton Garden Inn
Section 108 Loan project. The final form of the Agreement shall be approved by the
City Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 1st day
August, 2106.
ATTEST: David Edler, Mayor
City Clerk
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this + (o day of August 2006, between the
City of Yakima, Washington, hereinafter referred to as CLIENT, and HAMMOND
COLLIER WADE LIVINGSTONE, hereinafter referred to as CONSULTANT.
CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as
follows:
OBJECTIVES
CONSULTANT shall provide professional engineering services to complete a full
compliance audit consisting of reviewing files and data provided to the CLIENT by the
prime contractor, subtier contractors and the Local Controlling Agency staff. The
compliance audit shall be based upon the Taws, regulations and contractual
requirements established by HUD.
II. SCOPE OF SERVICES
The CONSULTANT agrees to perform all services and provide all materials necessary to
accomplish the entire project based upon current understandings and as specifically
described in the detailed Scope of Work, attached hereto and incorporated herein as
Exhibit "A".
III. PAYMENT
a. As compensation for these services CLIENT agrees to pay CONSULTANT in
accord with the terms and rates set forth in Exhibit "B", attached hereto and incorporated
herein by this reference. All CONSULTANT'S engineering services directly attribuatable
to this Project shall be paid by the CLIENT on the basis of actual time expended plus
Direct Nonsalary Costs. Personnel charges shall be the product of the actual hours
worked on the Project by CONSULTANT'S personnel at the most current hourly
personnel charge rate, computed in accordance with Exhibit "B". Said Exhibit "B" is
subject to annual adjustment to reflect equitable changes in company overhead. Direct
Nonsalary Costs shall be the actual invoice charges plus ten percent (10%), except that
vehicle costs shall be paid at forty four and one half cents (441/2 cents) per mile. Direct
Nonsalary Costs may include travel, printing, long distance telephone, supplies,
computer charges, and fees of outside consultants. The billing for Direct Nonsalary
Costs shall be an itemized listing of these charges The CLIENT shall be furnished a
copy of CONSULTANT'S most current hourly personnel charge rates no more than one
time annually.
The maximum total fees and expenses payable by the CITY to the CONSULTANT under
this contract shall not exceed Twenty Five Thousand Six Hundred Seventeen Dollars
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($25,617.00), unless this Agreement is supplemented or amended through a negotiated
process approved and executed by the CLIENT.
b. No payment shall be made for any work performed by the CONSULTANT,
except for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
c. The CONSULTANT may, in accord to the rates set forth herein, submit
invoices to the CLIENT not more often than once per month during the progress of the
work for partial payment of work completed to date. Invoices shall cover the time
CONSULTANT performed work for the CLIENT during the billing period The CLIENT
shall pay the CONSULTANT for services rendered in the month following the actual
delivery of the work and will remit payment within thirty (30) days from the date of receipt
of billing.
d The CONSULTANT shall not be paid for services rendered under the
CONTRACT unless and until they have been performed to the satisfaction of the
CLIENT.
e. In the event the CONSULTANT has failed to perform any substantial
obligation to be performed by the CONSULTANT under this Contract and such failure
has not been cured within ten (10) days following notice from the CLIENT, then the
CLIENT may, in its sole discretion, upon written notice to the CONSULTANT, withhold
any and aII monies due and payable to the CONSULTANT, without penalty, until such
failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this
Contract means faithfully fulfilling the terms of the contract with variances only for
technical or minor omissions or defects.
f. Unless otherwise provided for in this Contract or any exhibits or attachments
hereto, the CONSULTANT will not be paid for any billings or invoices presented for
payment prior to the execution of the Contract or after its termination.
IV. RETAINER
Retainer is waived for CLIENT.
V STANDARD PROVISIONS
1. TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall
terminate upon completion of all services required hereunder by the CONSULTANT
unless terminated earlier by the CLIENT in accordance with paragraph 6 of this Section
of this Contract. CONSULTANT anticipates completing the Project within approximately
forty-five (45) days from the date of execution of this Agreement.
2. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
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a. For CONSULTANT:
Name of Representative: Ken Gunther
Title: Principal
Mailing Address: 7502 Lakewood Dr., Suite D
City, State and Zip Code: Lakewood, WA 98499
Telephone Number: (253) 472-1992
Fax Number: (253) 472-6558
E-mail Address: kgunther@hcwl.com
b. For CITY.
Name of Representative: Bill Cook
Title: Director, Dept. of Community and Economic Development
Mailing Address 129 North Second Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number. 509 575-6113
Fax Number: 576-6792
E-mail Address:
3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONSULTANT in the
performance of any work required under this Contract, the CONSULTANT shall make
any and all necessary corrections without additional compensation. All work submitted
by the CONSULTANT shall be certified by the CONSULTANT and checked for errors
and omissions. The CONSULTANT shall be responsible for the accuracy of the work,
even if the work has been accepted by the CLIENT.
b. No amendment, modification or renewal shall be made to this Contract unless
set forth in a written Contract Amendment, signed by both parties and attached to this
Contract. Work under a Contract Amendment shall not proceed until the Contract
Amendment has been duly executed by the CLIENT.
4. HOLD HARMLESS AND INDEMNIFICATION
a. The CONSULTANT shall hold harmless, indemnify and defend the CLIENT,
its officers, officials, employees and agents, from and against any and all claims, actions,
suits, liability, losses, expenses, damages, and judgments of any nature whatsoever,
including costs and attorneys fees in defense thereof, for injury, sickness, disability or
death to persons or damage to property or business, caused by or arising out of the
CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims
shall include, but not be limited to, claims that information supplied by the
CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise
results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S
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obligations hereunder shall not extend to injury, sickness, death or damage caused by or
arising out of the sole negligence of the CLIENT, its officers, officials, employees or
agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the
parties, the CONSULTANT'S obligations hereunder shall apply only to the percentage of
fault attributable to the CONSULTANT, its employees or agents.
b. In any and all claims against the CLIENT, its officers, officials, employees and
agents by any employee of the CONSULTANT, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
CONSULTANT under Worker's Compensation acts, disability benefits acts, or other
employee benefits acts, it being clearly agreed and understood by the parties hereto that
the CONSULTANT expressly waives any immunity the CONSULTANT might have had
under such laws. By executing the Contract, the CONSULTANT acknowledges that the
foregoing waiver has been mutually negotiated by the parties and that the provisions of
this Section shall be incorporated, as relevant, into any contract the CONSULTANT
makes with any CONSULTANT or agent performing work hereunder.
c. The CONSULTANT'S obligations hereunder shall include, but are not limited
to, investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
CONSULTANT, the CONSULTANT'S employees, or agents.
5. INSURANCE
a. Workers' Compensation: The CONSULTANT shall maintain workers'
compensation insurance as required by Title 51, RCW, and shall provide evidence of
coverage to the CLIENT If the CONSULTANT has employees, the CONSULTANT shall
request the Washington State Department of Labor and Industries, Workers'
Compensation Representative, send written verification to CLIENT that the
CONSULTANT is currently paying Workers' Compensation
b. Commercial General Liability: The CONSULTANT shall maintain Commercial
General Liability coverage for bodily injury, personal injury and property damage, subject
to limits of not Tess than $1,000,000 per loss. The general aggregate limit shall apply
separately to this Contract and be no less than $2,000,000.
The CONSULTANT shall provide Commercial General Liability coverage
which does not exclude any activity to be performed in fulfillment of this Contract.
Specialized forms specific to the industry of the CONSULTANT will be deemed
equivalent provided coverage is no more restrictive than would be provided
under a standard Commercial General Liability policy, including contractual
liability coverage.
ii The CONSULTANT'S Commercial General Liability insurance shall
include the CLIENT, its officers, officials, employees and agents with respect to
performance of services, and shall contain no special limitations on the scope of
protection afforded to the CLIENT as an additional insured.
The CONSULTANT shall furnish the CLIENT with evidence that the
additional insured provision required above has been met. An acceptable form of
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evidence is the endorsement page of the policy showing the CLIENT as an
additional insured.
iv If the CONSULTANT'S liability coverage is written as a claims made
policy, then the CONSULTANT must evidence the purchase of an extended
reporting period or "tail" coverage for a three-year period after project completion,
or otherwise maintain the coverage for the three-year period.
v If the Contract is over $50,000 then the CONSULTANT shall also
maintain Employers Liability Coverage with a limit of not less than $1 million.
c Automobile Liability: The CONSULTANT shall maintain Business Automobile
Liability insurance with a limit of not Tess than $1,000,000, each accident combined
Bodily Injury and Property Damages. Coverage shall include owned, hired and non -
owned automobiles.
d. Professional Liability Insurance. Before this Agreement is fully executed by
the parties, CONSULTANT shall provide the CLIENT 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 -VH or higher in Best's Guide. If the policy is on a claims made basis, the
retroactive date of the insurance policy shall be on or before January 1, 1999, 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.
e. Other Insurance Provisions:
The CONSULTANT'S liability insurance provisions shall be primary with
respect to any insurance or self-insurance programs covering the CLIENT, its
elected and appointed officers, officials, employees and agents
ii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CLIENT, its officers, officials, employees or
agents.
The CONSULTANT'S insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
iv. The CONSULTANT shall include all sub consultants as insureds under its
policies or shall furnish separate certificates and endorsements for each sub
consultant. All coverage for sub -consultants shall be subject to all of the
requirements stated herein.
v. The insurance limits mandated for any insurance coverage required by
this Contract are not intended to be an indication of exposure nor are they
limitations on indemnification.
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vi. The CONSULTANT shall maintain all required policies in force from the
time services commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced.
f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT
shall place insurance with insurers licensed to do business in the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that
excess and umbrella coverage used to meet the requirements for limits of liability or
gaps in coverage need not be placed with insurers or re -insurers licensed in the State of
VVashington.
Certificates of Insurance shall show the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the Contract. The
address of the Certificate Holder shall be shown as the current address of the
Office or Department.
ii Written notice of cancellation or change shall be mailed to the CLIENT's
Contract Representative identified in Section 4 of this Contract
The CONSULTANT shall furnish the CLIENT with properly executed
certificates of insurance or a signed policy endorsement which shall clearly
evidence all insurance required in this section prior to commencement of
services. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract will not be
canceled or allowed to expire except on thirty (30) days prior written notice to the
CLIENT
iv. The CONSULTANT or its broker shall provide a copy of any and all
insurance policies specified in this Contract upon request of the CLIENT
6. TERMINATION
a. The CLIENT may terminate this Contract in whole or in part whenever the
CLIENT determines, in its sole discretion, that such termination is in the best interests of
the CLIENT. The CLIENT may terminate this Contract upon giving thirty (30) days
written notice by Certified Mail to the CONSULTANT'S Contract Representative. In that
event, the CLIENT shall pay the CONSULTANT for all costs incurred by the
CONSULTANT in performing the Contract up to the date of such notice. Payment shall
be made in accordance with Section III of this Contract.
b. In the event that funding for this project is withdrawn, reduced or limited in any
way after the effective date of this Contract, the CLIENT may summarily terminate this
Contract notwithstanding any other termination provision of the Contract. Termination
under this paragraph shall be effective upon the date specified in the written notice of
termination sent by the CLIENT to the CONSULTANT. After the effective date, no
charges incurred under this Contract are allowable.
c. If the CONSULTANT breaches any of its obligations hereunder, and fails to
cure the breach within ten (10) days of written notice to do so by the CLIENT, the
CLIENT may terminate this Contract, in which case the CLIENT shall pay the
CONSULTANT only for the costs of services accepted by the CLIENT, in accordance
with Section III of this Contract. Upon such termination, the CLIENT, at its discretion,
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may obtain performance of the work elsewhere, and the CONSULTANT shall bear all
costs and expenses incurred by the CLIENT in completing the work and all damage
sustained by the CLIENT by reason of the CONSULTANT'S breach
7. NO CONFLICT OF INTEREST
CONSULTANT represents that it or its employees do not have any interest and
shall not hereafter acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Agreement. CONSULTANT further
covenants that it will not hire anyone or any entity having such a conflict of interest
during the performance of this Agreement.
8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a The CONSULTANT shall perform the terms of the Contract using only its
bona fide employees or agents, and the obligations and duties of the CONSULTANT
under this Contract shall not be assigned, delegated, or subcontracted to any other
person or firm without the prior express written consent of the CLIENT.
b The CONSULTANT warrants that it has not paid nor has it agreed to pay any
company, person, partnership, or firm, other than a bona fide employee working
exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Contract.
9. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this Contract does not constitute a waiver of such provision(s) or
future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this Contract at a later time.
10. INDEPENDENT CONSULTANT
a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an
Independent CONSULTANT and not as an agent, employee or servant of the CLIENT Y.
The CONSULTANT specifically has the right to direct and control CONSULTANT'S own
activities in providing the agreed services in accordance with the specifications set out in
this Contract.
b. The CONSULTANT acknowledges that the entire compensation for this
Contract is set forth in Section III of this Contract, and the CONSULTANT is not entitled
to any CLIENT benefits, including, but not limited to: vacation pay, holiday pay, sick
leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other
rights or privileges afforded to CITY OF YAKIMA employees
c. The CONSULTANT shall have and maintain complete responsibility and
control over all of its sub consultants, employees, agents, and representatives No sub
consultant, employee, agent or representative of the CONSULTANT shall be or deem to
be or act or purport to act as an employee, agent or representative of the CLIENT.
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d. The CONSULTANT shall assume full responsibility for the payment of all
payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or
payments required by any City, federal or state legislation which is now or may be
enacted during the term of this Contract as to all persons employed by the
CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in
performance of the work on this project and under this Contract and shall assume
exclusive liability therefore, and meet all requirements thereunder pursuant to any rules
or regulations
e. The CONSULTANT agrees to immediately remove any of its employees or
agents from assignment to perform services under this Contract upon receipt of a written
request to do so from the CLIENT's Contract Representative or designee.
11. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all applicable federal, state and local laws,
rules and regulations in performing this Contract.
12. INSPECTION OF BOOKS AND RECORDS
The CLIENT may, at reasonable times, inspect the books and records of the
CONSULTANT relating to the performance of this Contract. The CONSULTANT shall
keep all records required by this Contract for six (6) years after termination of this
Contract for audit purposes.
13. NONDISCRIMINATION
The CONSULTANT, its assignees, delegates or sub consultants shall not
discriminate against any person in the performance of any of its obligations hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
14. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be
as works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the
CLIENT This material includes, but is not limited to, books, computer programs, plans,
specifications, documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and/or training materials. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights. The CLIENT agrees that if it uses
any materials prepared by the CONSULTANT for purposes other than those intended by
this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless
therefore to the extent such use is agreed to in writing by the CONSULTANT.
b. An electronic copy of all or a portion of material produced shall be submitted
to the CLIENT upon request or at the end of the job using the word processing program
and version specified by the CLIENT.
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15. DISPUTES
Differences between the CONSULTANT and the CLIENT, arising under and by
virtue of this Contract, shall be brought to the attention of the CLIENT at the earliest
possible time in order that such matters may be settled or other appropriate action
promptly taken. Any dispute relating to the quality or acceptability of performance and/or
compensation due the CONSULTANT shall be decided by the CLIENT's Contract
Representative or designee All rulings, orders, instructions and decisions of the CITY'S
Contract Representative shall be final and conclusive, subject to the CONSULTANT'S
right to seek judicial relief pursuant to paragraph 15 of this Section.
16. CHOICE OF LAW, JURISDICTION AND VENUE
a This Contract has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto that this
Contract shall be governed by the laws of the State of Washington, both as to its
interpretation and performance
b Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent
jurisdiction in the City of Yakima, Washington.
17. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
b If any provision of this Contract is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the CLIENT determine that the severed portions substantially alter this
Contract so that the original intent and purpose of the Contract no longer exists, the
CLIENT may, in its sole discretion, terminate this Contract.
18. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
follow by regular mail. Notice shall be deemed to be given three days following the date
of mailing or immediately if personally served. For service by facsimile, service shall be
effective upon receipt during working hours. If a facsimile is sent after working hours, it
shall be effective at the beginning of the next working day.
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19. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded.
V. AUTHORIZED SIGNATORS
Hammond Collier Wade Livingst
By:
Ke Gunther, P
Title: Principal
Date: 5 -
City of Yakima
R. A. Zais,J ity Manager
Date: - I 0.4
ATTEST:
Contract No. n --(608
Resolution No. fz— �iC o -044
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EXHIBIT "A"
Scope of Work
Provide professional engineering services for a full compliance audit consisting of review of files and data
provided to the City of Yakima by the prime contractor and subtier contractors as well as the Local
Controlling Agency staff. The compliance audit will be based on laws, regulations, contractual requirements
established by HUD.
The following tasks will be completed as part of the scope of work:
1. Project Management / Scoping — Project management tasks to include client
correspondence, coordination with the client and HUD representative, schedule maintenance,
and client meetings. Scoping tasks include a review of all project documents available and
discussions with Local Contracting Agency staff. As part of this review individual file folders
will be created for each element of documentation so that it can be indexed and logged to a
specific file location and file order. By establishing the filing log up -front, missing
documentation should become immediately apparent. Creating the file system and log,
documentation will be at hand for HUD's audit of the files.
1.1. Project scoping
1.2. Project Meetings (3 meetings anticipated)
1.3. Project Management and Administration
1.4. Secure Available Document for Logging and Filing
1.5. Invoicing
2. Document Review under Desk Guide (LR -II)— Once the documents have been logged and
filed HCWL will begin their review of all project documents in accordance with HUD's audit
procedures and Federal, State, and Local, Codes and Laws. The following outline will be used
as a guideline for the Audit to determine if any additional documents are required to satisfy
HUD.
2.1 Desk Guide (LR -II) Process,
2.2. Verify Davis Bacon Compliance review.
2.3 Verify Contract Work Hours & Safety Standards Act Compliance
2.4 Copeland Act, Weekly Certified Payroll Reports
2.5 Davis Bacon & Related Acts Prevailing Wage Requirements
A. Deductions
B. Proper Classification of Workers
C. Split Classification of Workers
D. Additional Classifications and wage Rates
E. Labor Relations Letter LR -96-01
2.6 Apprentices and Trainees
A. Registration
B. Wage Rates
C. Ratio to Journey workers
D. De -certification
2.7 Payroll and Basic Records
2.8 Certified Payroll & Computations
2.9 "No Work" Payrolls
2.10 Weekly Payroll Certification "Statement of Compliance"
2.11 Inspection records and On-site Interviews
3. Labor Standards Enforcement Files
Review or develop the following Labor Standards Enforcement Files consisting of the following:
3.1 Project Lead Files:
A. Wage Decision File
B. Correspondence /Certified Payroll Review File
C. Transmittals/Cost Reports
Note: An Escrow/Disbursement File may need to be created if restitution payments are
needed due to unpaid wages.
3.2 Comparison of HUD -11's (Interview Form) to CPR's.
3.3 CPR Review for date stamp received, initialed and dated by reviewer
A. Review any written reports to principal contractor explaining the results of Certified
Payroll review.
Note: Questionnaire packages may need to be prepared and mailed to employees if
under payment is suspected. These services are not included within this scope of work.
4. Check for Debarred Contractors and Subcontractors
Verify that no contractors or subtier contractors have been debarred by searching the Federal
Excluded Parties List System web site for debarred contractors.
5. Other Documentation to be reviewed:
Verify that the following documents are included in the Local Contracting Agencies
Construction Files:
5.1 Contract Award Date
5.2 Advertisement and Bid Date
5.3 Pre -construction conference minutes and attendance log
5.4 Lien waivers
5.5 Progress Payments & Retainage
5.6 Approval of work statements
5.7 Authorization to release funds
5.8 Non -collusion statement
5.9 Non -segregated facilities
5.10 Bid Bond
5.11 Performance Bond
5.12 Insurance Certificate
5.13 List of subtier contractors
5.14 Subcontractor Certifications
5.15 Affirmative Action Plan
5.16 Schedule and sequence of work to be performed
5.17 Notice to labor Unions
5.18 Notice of Public Works Project
5.19 Notice of Lien releases by contractor and subtier
5.20 Department of Revenue Release Form
5.21 Department of Labor and Industries Release Form
6.0 Report of Findings
Prepare a brief report outlining the finding of the Audit, missing documentation, deficiencies in
existing documentation, and recommended corrective actions.
Exclusions from Scope
This scope of work does not include any assistance with Restitution for Underpayment of Wages by
Contractor nor any services for obtaining or developing missing documentation. If these services are
determined to be needed following completion of the Audit, a supplemental agreement will be prepared by
the Consultant for signature by both parties.
PROFESSIONAL SERVICES ENGINEERING AGREEMENT
PREPARED FOR: CITY OF YAKIMA
TITLE: HUD FULL COMPLIANCE AUDIT
DATE: AUGUST 1, 2006
EXHIBIT B
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1.0
PROJECT MANAGEMENT
11
SCOPING
8
$1,240
1.2
MEETINGS (3 MEETINGS)
18
12
$4,290
1.3
PROJECT MANAGEMENT & ADMINISTRATION
8
2
$1,356
1.4
SECURE DOCUMENTS
4
8
3
$1,794
1.5
INVOICING
4
2
$736
42
20
7 I $9,416
2.0
DOCUMENT REVIEW DESK GUIDE (LR -II)
2.1
DESK GUIDE (LR -II) PROCESS
2
2
$560
2.2
DAVIS BACON COMPLIANCE
2
$250
2.3
CONTRACT WORK HOURS & SAFETY STANDARDS ACT
8
$1,000
2.4
COPELAND ACT, WEEKLY CERT PAYROLLS REPORTS
8
$1,000
2.5
DAVIS BACON & RELATED ACTS PREVAILING WAGE REQ
4
4
$1,120
2.6
APPRENTICE & TRAINEES
4
6
$1,370
2.7
PAYROLL & BASIC RECORDS
8
$1,000
2.8
CERTIFIED PAYROLL & COMPUTATIONS
8
$1,000
2.9
NO WORK' PAYROLLS
2
$250
2.1
WEEKLY PAYROLL CERT STATEMENT OF COMPLIANCE
2
$250
INSPECTION RECORDS & ON-SII'L INTERVIEWS
4
$500
_2.11
10
54
0
I $8,300
3.0
LABOR STANDARDS ENFORCEMENT FILES
3.1
PROJECT LEAD FILES
6
1
$808
3.2
COMPARISON OF HUD -11'S (IN 1'LRVIEW FORM) TO CPR'S
6
1
$808
3.3
CPR REVIEW DATE STAMP, INTLALS & REVIEW DATE
6
1
$808
0
18
3
$2,424
Rosedale Street / Skansi Avenue
EXHIBIT B
reit 4' c 44' ¢o
fiY ��4 ,fie �,�� e51� a'e
e a
�y�`�4y G�w G°tip �,5°G ��'e
4��fi°�,e� 4�oti����� gib 4�e
4.0
CHECK FOR DEBARRED CONTRACTORS & SUBTIER
8
$1,000
0
8
0 I
81,000
5.0
OTHER DOCUMENT REVIEW
5 1
CONTRACT AWARD DATE
0.5
$63
5.2
ADVERTISEMENT & BID DATE
0.5
$63
5.3
PRE -CON CONFERENCE MINUTES AND AI'1ENDANCE LOG
0.5
$63
5 4
LIEN WAIVERS
1
$125
5.5
PROGRESS PAYMENT AND RETAINAGE
3
$375
5.6
APPROVAL OF WORK STATEMENTS
1
$125
5.7
AUTHORIZATION TO RELEASE FUNDS
0.5
$63
5.8
NS - * i 1 T T T 'NT
0.
$63
5.9
NON -SEGREGATED FACILITIES STATEMENT
0.5
$63
5.10
BID BOND
0.5
$63
5 11
PERFORMANCE BOND
0.5
$63
5.12
INSURANCE CERTIFICATE
0.5
$63
5.13
LIST OF SUBTIER CONTRACTORS
0.5
$63
5.14
SUBCONTRACTOR CERTIFICATIONS
2
$250
5.15
AFFIRMATIVE ACTION PLAN
0.5
$63
5.16
SCHEDULE AND SEQUENCE OF WORK TO BE PERFORMED
0.5
$63
5.17
NOTICE TO LABOE UNIONS
0.5
$63
5.18
NOTICE OF PUBLIC WORKS PROJECT
0.5
$63
5.19
NOTICE OF LIEN RELEASES CONTRACTOR AND SUBTIER
2
$250
5.20
DEPARTMENT OF REVENUE RELEASE FORM
0.5
$63
5.21
DEPARTMENT OF LABOR AND INDUSTRIES RELEASE FORM
0.5
$63
0
17
0
$2,125
6.0
PREPARE REPORT OF FINDINGS
4
8
4
$1,852
$1,852
PROJECT TOTAL
52
117
10 I
$25,117
Billing Rate
$155.00
$125.00
$58.00
Estimated Reimbursables Total (reprographics, mileage, postage, film)
Rosedale Street / Skansi Avenue
$25,117
$500.00
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: August 1, 2006
A resolution authorizing and directing the City Manager to execute
a professional services agreement with Hammond Collier Wade
Livingstone to perform a review of compliance with federal
prevailing wage regulations on the Hilton Garden Inn Section 108
Loan Project.
SUBMITTED BY: Bill Cook, Director
Department of Community & Economic Development
CONTACT: Michael Morales, 575-3533
SUMMARY EXPLANATION:
During the week of June 20, a representative of HUD's Labor Relations Office
conducted a monitoring visit to review compliance with prevailing wage ("Davis -Bacon")
standards and record keeping on CDBG, HOME and Section 108 funded projects.
The official notified the City that there was insufficient evidence in the project file for the
Hilton Garden Inn project to assure that job classifications, documentation and wages
paid by contractors and sub -contractors complied with prevailing wage standards. As a
result, HUD directed the city to commence a compliance review of the project, to assure
that all contractors and subcontractors paid their employees prevailing wages as
established by HUD.
At the recommendation of HUD, $250,000 in construction retainer funds have been
placed in a reserve by the escrow agent, until the City and HUD have adequate
assurance that the contractor and sub -contractors' employees have been paid
appropriately.
Continued on next page
Resolution X Ordinance Contract Other:
Funding Source: 124 Professional Services, reimbursement from Section 108
Loan _unds
Approval for Submittal:
City Manager
STAFF RECOMMENDATION: Staff recommends approval.
BOARD RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-114
1
The department does not have the staff and resources required to conduct such an
audit, and recommends contracting with Hammond Collier Wade Livingstone to conduct
this review. HCWL regularly conducts prevailing wage compliance monitoring for their
municipal clients for federally funded capital projects.
At the time of loan closing, the city set aside $35,000 of the loan proceeds specifically
for Davis -Bacon compliance monitoring, and significant amount of these funds are still
available to reimburse the city for the proposed contract.
2
Hammond Collier Wade Livingstone
Municipal
Engineering
Potable Water
Wastewater
Transportation
Stormwater
Land Surveying
Materials Testing
Geotechnical
Engineering
Construction
Management
Page 1 of 2
SERVICES PROJECTS' ABOUT US NEWS
Construction. Ma ag'exnent.
Hammond Collier's Construction Management Team provides full-service
construction management for local, state, and federal agencies. With over
60 years of experience, our construction management team is responsive,
thorough, and reliable. Hammond Collier's Construction Managers possess
a comprehensive knowledge of Local Agency Guidelines and other
required Contract Administrative requirements. Hammond Collier's
extensive experience managing projects funded by the Federal Highway
Administration (FHA), Transportation Improvement Board (TIB), and
Community Development Block Grants (HUD) ensures our clients will
receive a clean audit.
Our Construction Managers know the market conditions including the sub -
trades and the various consultants. As a local firm, we have a regional
understanding of the demographics needed to successfully manage
construction projects throughout the State of Washington.
Services provided are as follows:
Bid Opening
• Resolve informalities and irregularities
• Consider alternates for award
• Update project budget
• Request additional funding, if needed
• Check references(s) of three (3) lowest bidders
Bid Award
• Recommend disqualification of problem contractors
• Prepare formal award recommendation for owners action
Preparation of Legally Enforceable Contract
• Obtain post award submittals from successful contractor(s)
• Verify that performance and payment bonds are adequately
underwritten
• Verify that insurance coverage meets contractual requirements
• Prepare draft contract from project manual for execution by
contractor and owner
Preconstruction Conference
• Invite utility companies and local agencies to Precon. Conference
• Obtain and review proposed schedule of work and traffic control
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Hammond Collier Wade Livingstone Page 2 of 2
plan
• Review drawings, specifications, schedules, and materials
requirements during conference
• Review partial payment procedures in accordance with owners
schedule
• Discuss special requirements of funding agencies
Project Stakeout and Private Party Notification
• Provide construction staking
• Establish a communication network with private parties affected by
construction
Resident Inspection/Contract Administration
• Periodic project observations by the project engineer
• Review shop drawings and respond to requests for information
(RFI)
• Review material submittal and test results
• Provide journeyman inspection services
• Provide daily progress reports to owner
• Troubleshoot problems as they develop and process change orders
as they are necessary
• Prepare monthly pay estimates and monitor project schedule
Contract Closeout
• Obtain As -Built drawings and notes from contractors
• Prepare 0 & M manual when required
• Document Date of Substantial Completion in writing - one (1) year
warranty period begins
• Verify completion of punch list - incomplete construction items and
conduct final inspection
• Confirm compliance with State L & I and Department of Revenue
statutes
• Assemble final payment for owner action
• Recommend formal acceptance of project as complete by owner
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() 2006, Hammond Collier Wadei.ivingstone. AH rights reserved.
Contact aria hr(Ohcwl.com or (206) (32 2664 Site Credits.
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Hammond Collier Wade Livingstone
Municipal
Engineering
Potable Water
Wastewater
Transportation
Stormwater
Land Surveying
Materials Testing
Geotechnical
Engineering
Construction
Management
Page 1 of 2
SERVICES PROJECTS ABOUT US NEWS
Municip 1. Engineer:
Since 1943, Hammond Collier has specialized in serving municipal and
utility clients on a continuing basis. In fact, over 85% of our work is for
government agencies. Our approach is to emphasize relationships and
thoroughly understand the issues unique to each client. Each municipal
client is matched with a City or District engineer to meet the agency's
needs over the long term.
We develop presentations for cities, counties, and utility Districts that
encompass Public Outreach Programs, Hearings, Council Workshops, and
Commission Meetings.
All of Hammond Collier's project managers, currently serve our municipal
clients. They are familiar with the complete process of planning, funding,
budgeting, administering, and providing engineering support for capital
improvement programs.
Services provided are as follows:
• Construction Management
• Topographic & Boundary Surveys
• ROW & Construction Surveys
• Geotechnical Engineering
• Materials Testing Services
• Parity Certificates
• Capital Improvement Budgets
• Review & Summarize Engineering Studies
• Resolution of Citizen Complaints
• Guide Annexation Process
• Comprehensive Utility Planning
• Funding Applications
• Funding/Grant Management
• Development Plan Review
• LID/ULID Formation
• Engineering Design Standards
• Economic, Rate & Feasibility Studies
• GIS/Mapping
• Contract Documents
• Bid Assistance
• Analysis & Civil Engineering Design
Hammond Collier has served as designated City or District
engineers for:
• Town of Mansfield
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Hammond Collier Wade Livingstone Page 2 of 2
• Point Roberts Water District #4
• Warm Beach Water Association
• City of Entiat
• City of Brier
• City of Gold Bar
• Okanogan County
• King County Water District #83
• City of Marysville
• Covington Water District
• City of Lake Forest Park
• City of Chelan
• Stevens Pass Sewer District
• City of Renton
• City of Waterville
• Olympus Terrace Sewer District
• Douglas County Sewer District
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O 2006, Hammond Collier Wade Livingstone. Ail rights reserved.
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Hammond Collier Wade Livingstone
Page 1 of 2
Municipal
Engineering
Potable Water
Wastewater
Transportation
Stormwater
Land Surveying
Materials Testing
Geotechnical
Engineering
Construction
Management
SERVICE; PROIECrs ABOUT US NEWS
`Fr ansporta do
Hammond Collier's Transportation Team consists of Planning, Design, and
Construction Services. Our professionals combine their technical expertise
and decades of experience to proactively lead projects through the
planning, design, environmental permitting, and construction process. We
provide consulting services that result in transportation improvements to
municipalities and private developers.
Our project skills center on preparing Design Reports and PS & E
documents for a variety of roadway improvement projects that range from
the addition of sidewalks and related non -motorized improvements to
existing roadways to major roadway reconstruction projects.
Our project approach always considers safety, functionality and cost-
effectiveness. We typically assist client staff with project presentations to
elected officials.
Services provided are as follows:
Transportation Planning
• Transportation Elements — Comprehensive & Subarea Plans
• Arterial Circulation Analysis
• Non -Motorized System Plans
• Traffic Impact Analysis
• Site Development, Access and Circulation
Road, Street & Highway Design
• Highways, urban arterials & residential streets
• Pedestrian/Bicycle Facilities
• Channelization Plans
• Pavement Management
• Industrial, Commercial and Mixed -Use Developments
• Project Surveying & Right -of -Way Services
• Construction -related Services
• Grant Applications & Agency Coordination
• Program Management
• Environmental Impact Analysis
Traffic Engineering
• Traffic Operations
• Traffic Capacity Analysis
a Tmnart Occaccmant
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Hammond Collier Wade Livingstone Page 2 of 2
• Roundabout Analysis & Design
• Traffic Calming Analysis
• Signal Warrant Analysis
• Traffic Signals & Roadway Illumination
• Parking Analysis & Utilization Reports
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Contact via hr@hicwt corn or (206) 632 2664. Site Credim,
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