HomeMy WebLinkAboutR-2009-095 Lincoln Avenue Railroad Grade Separation Project Agreement with Cascade Project Management, PLLCRESOLUTION NO. R-2009-95
A RESOLUTION authorizing the City Manager to execute a Local Agency Standard
Consultant Agreement with Cascade Project Management, PLLC, to
perform the duties of Owner's Representative for the Lincoln Avenue
Railroad Grade Separation Project.
WHEREAS, due to the complexity and highly specialized nature of the Lincoln Avenue
Railroad Grade Separation project, it would be advantageous to hire a consultant to perform the
duties of Owner's Representative on this project; and
WHEREAS, the City maintains a roster of consultants whose statements of qualifications
represent that they have the expertise necessary to perform the service required by the City;
and
WHEREAS, on March 19, 2009 the City of Yakima held phone interviews with three
consulting firms contained on the City's consultant roster interested in providing services as the
Owner's Representative for the Lincoln Avenue Railroad Grade Separation Project; and
WHEREAS, as a result of these interviews, the City selected Cascade Project
Management, PLLC, to provide the said services for the Project; and
WHEREAS, it is requested that the City Manager have the authority to execute a Local
Agency Standard Consultant Agreement with Cascade Project Management, PLLC, to perform
the duties of Owner's Representative for the Lincoln Avenue Grade Separation Project; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize the City Manager to execute a Local Agency Standard Consultant Agreement with
Cascade Project Management, PLLC, for consulting services to perform the duties of Owner's
Representative for the Lincoln Avenue Grade Separation Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Local Agency Standard Consultant
Agreement with Cascade Project Management, PLLC, for consulting services to perform the
duties of Owner's Representative on the Lincoln Avenue Railroad Grade Separation Project.
The total compensation authorized by said agreement shall not exceed $411,964.25. The form
of said supplemental agreement shall be reviewed and approved by the City Attorney or his
designee.
ADOPTED BY THE CITY COUNCIL this 7th day of -2009.
ATTEST:
City Clerk
avid Edle , Mayor
R -Zoo`/ -
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Cascade Project Management, PLLC
55332 Highway 155N
Electric City, WA 99123
360-420-3484
►i4 Architectural/Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
PM/Owner's Representative for the Lincoln Avenue
Underpass (Yakima Grade Separations Project)
Federal Aid Number
STPX-NCPD-000S(062)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
DBE Participation
%
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
❑ Yes 0 No
Federal ID Number or Social Security Number
71-0984678
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
Completion Date
December 31, 2010
Fixed Fee $
❑ Yes 0No
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
386,964.25
►i4 Specific Rates Of Pay
❑ Negotiated Hourly Rate
25,000.00
0 Provisional Hourly Rate
411,964.25
❑ Cost Per Unit of Work
Index of Exhibits (Check all that apply):
® Exhibit A-1 Scope of Work
Exhibit A-2 Task Order Agreement
❑ Exhibit B-1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
O Exhibit D-1 Payment - Lump Sum
O Exhibit D-2 Payment - Cost Plus
❑ Exhibit D-3 Payment - Hourly Rate
Exhibit D-4 Payment - Provisional
® Exhibit E-1 Fee - Lump/Fixed/Unit
® Exhibit E-2 Fee - Specific Rates
® Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
® Exhibit G-1 Subconsultant Fee
® Exhibit G-2 Fee -Sub Specific Rates
Exhibit G-3 Sub Overhead Cost
® Exhibit H Title VI Assurances
Z Exhibit I Payment Upon Termination of Agreement
O Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
O Exhibit L Liability Insurance Increase
Exhibit M -la Consultant Certification
Z ExhibitM-Ib Agency Official Certification
® Exhibit M-2 Certification - Primary
® Exhibit M-3 Lobbying Certification
Z Exhibit M-4 Pricing Data Certification
Z App 31 910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this 16th day of June , 2009
between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT"
DOT Form 140-089 EF
Revised 3/2008
Page 1 of 8
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Cascade Project Management, PLLC
55332 Highway 155N
Electric City, WA 99123
360-420-3484
►.1 Architectural/Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
PM/Owner's Representative for the Lincoln Avenue
Underpass (Yakima Grade Separations Project)
Federal Aid Number
STPX-NCPD-000S(062)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
ok
DBE Participation
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
❑ Yes J No
Federal ID Number or Social Security Number
71-0984678
❑ Fixed Overhead Rate
%
Do you require a for IRS?
Comutii n Der Zo 1
2010\
Fixed Fee $
❑ Yes ►4 No
3eei er3i,
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
386,964.25
►.1 Specific Rates Of Pay
❑ Negotiated Hourly Rate
25,000.00
►ii Provisional Hourly Rate
❑ Cost Per Unit of Work
411,964.25
Index of Exhibits (Check all that apply):
Exhibit A-1 Scope of Work
® Exhibit A-2 Task Order Agreement
O Exhibit B-1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
❑ Exhibit D-1 Payment - Lump Sum
O Exhibit D-2 Payment - Cost Plus
❑ Exhibit D-3 Payment - Hourly Rate
Exhibit D-4 Payment - Provisional
® Exhibit E-1 Fee - Lump/Fixed/Unit
® Exhibit E-2 Fee - Specific Rates
® Exhibit F Overhead Cost
Exhibit G Subcontracted Work
® Exhibit G-1 Subconsultant Fee
►1
11
Exhibit G-2 Fee -Sub Specific Rates
Exhibit G-3 Sub Overhead Cost
Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
O Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
O Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -Ib Agency Official Certification
Exhibit M-2 Certification - Primary
® Exhibit M-3 Lobbying Certification
Exhibit M-4 Pricing Data Certification
® App 31 910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this 16th day of June , 2009 ,
between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT'.
DOT Form 140-089 EF
Revised 3/2008
Page 1 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by 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. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager
VI Sub -Contracting
The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub -consultant 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 sub -consultant shall be
substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39 04.250 and RCW 39.76 011.
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship A DBE certified sub -consultant is required to perform a minimum
amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY
VII Employment
The CONSULTANT warrants that they have 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 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
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations.
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq )
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49 60 180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
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 "I" 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 when 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.
Page 4 of 8
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 may be 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 above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
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 of the 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. This 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. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
- XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its 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 or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
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 or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
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 a new sole source, or 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
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
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 any "request for equitable adjustment", hereafter referred to as "CLAIM", under
this clause within thirty (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 conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
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 "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4"
Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and
Exhibit "M-4" is required only in AGREEMENTS over $500,000
XVIII Complete Agreement
This document and referenced attachments contain 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 material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
suItant Cascade Project Management, PLLC
DOT Form 140-089 EF
Revised 3/2008
By
R. A Zais,, City Manager
Agency
Page 8of8
City of Yakima
CITY CONTRAC f NO: —
RESOLUTION NO: aeo9 - ✓'
Exhibit A-1
Scope of Work
Project No. 1818
five services en the Yakima Grade Separations project
Phase 1 Lincoln Ave I Inderpass Dependent upon funding similar services for Phase 7 MI .K lr I Inderpass will he provided
under_su
PRE_CQN. TRjLCTioN•
Attend project meetings as required
Review existing prnj-
Assist the ('ity as needed with bid review/analysis and attend pre -construction conference
CnNSTRiiCTiON•
•1
Prnvi
• • • - • • • 11 . • . - •1 - 1 • . • -
• • - 11 ' • . .• - . • - 1
• •
. • • - • 1
• - 1 • • .
. r - . • . • -
• 1
- • - -11 .
• • 1 • • 1 . 1 1' • • • 1 1I . 1 . •
., u.
1/ .11 11 • •
Review Contractor's baseline scheduleandprnvide analysis concerning schedule completeness and accuracy
encies for any needed actions/notifications—
Attendproject cnnrdinationateetings_andsepresent the City_atshose_teetings
Receive the C'ontractor's monthly progress/pay requests from the CM and review for alignment with work profess/schedule
e Orders and assist the City with Chan• - Order negotiations ifn-cessary
Prepare monthly project progre S status report noting all critical issues and actions rpuired of the City
Regi . • • • - • •• • • • ' u •act analysis and claim merit
i
•-
•• • 1
• •' .•• •.•_
•• .1-.1
1 - 1 - . • • • • 1 1 . . . 1
Provide Contract Administration compliance support to the City as needed
POST -CON CTR i iCTiON•
Provide sup rt to the City in resolving any outs
Provide follow "_n to openpunch list or warranty i sues
Fvaluate/analyze any outstanding claims issues and assist the City with resolution
Coordinate close out activities with the A/F, CM and Contractor, attend on project closeout meeting and provide Project
Closeout Report.
. 1 • • ! • . • , - • • -
Documents To Be Furnished By The Consultant
TASK 1
Contractor's Baselineschedule review analysis
Monthly pro
• •� - .111
Project Closeout Report
DOT Form 140-089 EF Exhibit A-1
Revised 6/05
Exhibit A-2
Scope of Work
(Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is
not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANTS obligations hereunder are limited to tasks assigned in writing. Task assignments may
include but are not limited to, the following types of work:
A. Lincoln Ave. Undercrossing PM/Owner's Rep.
B.
c.
D.
E.
F.
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document
similar in format to page 2 of this exhibit.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY.
DOT Form 140-089 EF Exhibit A-2
Revised 6/05
Formal Task Assignment Document
Task Number 1
The general provisions and clauses of Agreement shall be in full force and effect for this
Task Assignment
Location of Project: Yakima Grade Separations Project
Project Title: PM/Owner's Rep. for the Lincoln Avenue Underpass ( Yakima Grade Separations Project).
Maximum Amount Payable Per Task Assignment:
Completion Date: September 30, 2010
Description of Work:
(Note attachments and give brief description)
Project Manager/Owner's Representative for the Construction Phase of the Lincoln Ave. Underpass. Scope of
Work per Exhibit A-1.
Agency Project Manager Signature: Date:
Oral Authorization Date: See Letter Dated:
Consultant Signature: Date:
Agency Approving Authority: C*�\\'�— 4 Date:
R. A. Zaid,J City Manager
DOT Form 140-089 EF Formal Task Assignment
Revised 6/05
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. The format and standards to
be provided may include, but are not limited to, the following:
I Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 6/05
Exhibit D-4
Payment (Provisional Hourly Rate)
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 work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done based upon the
provisional hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference
made part of this AGREEMENT. The actual hourly rates will be determined by an audit of the
CONSULTANT'S last completed fiscal year and/or their current projected fiscal year. The
provisional and/or audited rates listed shall be applicable for the first twelve (12) month period
and shall be subject to negotiation for the following twelve (12) month period upon request of
the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
In the event re -negotiation of the hourly rates is conducted, the AGENCY reserves the right to
audit for any change in the overhead rate currently in use by the CONSULTANT and modify the
hourly rates to be paid to the CONSULTANT subsequent to the re -negotiation accordingly. Any
changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments.
2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and sub -consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46 "Travel Costs."
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
DOT Form 140-089 EF Exhibit D-4
Revised 6/08
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize 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 $100,000 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 not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be rnade in accordance with
Section XIV, "Extra Work."4. 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, and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,
"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
4. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for
hours expended at the rates established in Exhibit "E" including names and classifications of all
employees, and billings for all direct non -salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
5. 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,
electronic data 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 transmitted 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
at the time of final audit, all required adjustments will 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 thirty (30) 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. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
6. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available
for inspection by representatives of the AGENCY, STATE and the United States, for a period
of three (3) years after receipt of final payment, the cost records and accounts pertaining to
this AGREEMENT and all 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 (3) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is
completed.
Exhibit E-1
Consultant Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: PM/Owner's Rep. for the Lincoln Avenue Underpass ( Yakima Grade Separations Project).
Direct Salary Cost (DSC):
Classification Man Hours gig = = Cost
Manager 1,554.0 X 70.00 $ 108,780.00
Construction Specialist 128.0 X 40.00 5,120.00
Contract Administrator 72.0 X 35.00 2,520.00
X
X
X
X
X
X
Total DSC = $ 116,420.00
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 74.28 % x $ 116,420.00 86,476.78
Fixed Fee (FF):
FF Rate x DSC of 20 % x $ 116,420.00 23,284.00
Reimbursables:
Itemized
Subconsultant Costs (See Exhibit G):
16,980.00
143,803.47
Grand Total 386,964.25
Prepared By Gary Powell
DOT Form 140-089 EF Exhibit E-1
Revised 6/05
Date. June 1, 2009
Exhibit E-2
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title
Manager
Construction Specialist
Hourly Overhead Profit Rate
Rate @ .7428 % @ .20 % Per Hour
70.00 52.00 14 00 136.00
40 00 29.71 8.00 77.71
Contract Administrator
35.00 26.00 7 00 68.00
DOT Form 140-089 EF Exhibit E-2
Revised 6/05
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0 00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0 00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0 00
Exhibit F
Breakdown of Overhead Cost
Account Title
$ Beginning Total
% of Direct Labor
Direct Labor
229,417.00
100.00%
Overhead Expenses.
FICA
21,122.94
9.21%
Unemployment
224.00
0.10%
Health/Accident Insurance
13,465.10
5.87%
Medical Aid & Industrial Insurance
2,030.81
0.89%
HolidayNacation/Sick Leave
2.00%
Commission/Bonus/Pension
33,820.85
14.74%
Total Fringe Benefits
70,663.70
30.80%
General Overhead.
State B&O Taxes
8,328.83
3.63%
Insurance
2,903.00
1.27%
Administration & Time Not Assignable
50,500.00
22.01 %
Printing, Stationery & Supplies
3,221.81
1.40%
Professional Services
2,815.00
1.23%
Travel Not Assignable
2,753.50
1.20%
Telephone & Telegraph Not Assignable
2,814.00
1.23%
Fees, Dues & Professional Meetings
150.00
0.07%
Utilities & Maintenance
1,512.38
0.66%
Professional Development
1,395.00
0.61%
Rent
10,832.74
4.72%
Equipment Support
704.00
0.31%
Office, Miscellaneous & Postage
11,815.10
5.15%
Total General Overhead
99,745.36
43.48%
Total Overhead (General + Fringe)
170,409.06
74.28%
Overhead Rate (Total Overhead / Direct Labor)
74.28%
DOT Form 140-089 EF Exhibit F
Revised 6/05
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Cost and Schedule Support
DOT Form 140-089 EF Exhibit G
Revised 6/05
Exhibit G-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: PM/Owner's Rep. for the Lincoln Avenue Underpass ( Yakima Grade Separations Project).
Sub Consultant: Powell Consulting Inc.
Direct Salary Cost (DSC):
Classification Man Hours Bate = Cost
Project Manager732.0 X 58.75 $ 43,005.00
Senior Tech 548.0 X 22.00 12,056.00
Tech 144.0 X 18.25 2,628.00
X
X
X
X
X
X
Total DSC = $ 57,689.00
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 123 % x $ 57,689.00 = 70,957.47
Fixed Fee (FF):
FF Rate x DSC of 20 % x $ 57,689.00 = 11,537.80
Reimbursables:
Itemized
SubConsultant Total
Prime Mark-Up
Grand Total
Prepared By. G.E. Powell
% X
DOT Form 140-089 EF Exhibit G-1
Revised 8/07
3,619.20
143,803.47
Date June 1, 2009
Exhibit G-2
Subconsultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant
Powell Consulting Inc.
Discipline or Job Title
Hourly
Rate
Overhead
@ 123.02 %
Profit
@ 20.00 %
Rate
Per Hour
Project Manager
58.75
72.26
11.75
142.76
Senior Tech
22.00
27.06
4.46
53.46
Tech
18.25
22.45
3.65
44.35
DOT 140-089 EF Exhibit E-2
8/07
Exhibit G-3
Breakdown of Subconsultants Overhead Cost
Account Title
$ Beginning Total
% of Direct Labor
Direct Labor
160,924.00
100.00%
Overhead Expenses
FICA
22,245.00
13.82%
Unemployment
Health/Accident Insurance
12,553.00
7.80%
Medical Aid & Industrial Insurance
Holiday/Vacation/Sick Leave
3,220.00
2.00%
Commission/Bonus/Pension
3,000.00
1.86%
Total Fringe Benefits
41,018.00
25.49%
General Overhead.
State B&O Taxes
6,112.00
3.80%
Insurance
592.00
0.37%
Administration & Time Not Assignable
126,942.00
78.88%
Printing, Stationery & Supplies
6,973.00
4.33%
Professional Services
729.00
0.45%
Travel Not Assignable
Telephone & Telegraph Not Assignable
4,665.00
2.90%
Fees, Dues & Professional Meetings
1,126.00
0.70%
Utilities & Maintenance
Professional Development
Rent
Equipment Support
2,776.00
1.73%
Office, Miscellaneous & Postage
7,035.00
4.37%
Total General Overhead
156,950.00
97.53%
Total Overhead (General + Fringe)
197,968.00
123.02%
Overhead Rate (Total Overhead / Direct Labor)
123.02%
DOT Form 140-089 EF Exhibit G-2
Revised 8/07
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, 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.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub -consultants, including procurement 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 AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. 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 AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub -contract, including procurement 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 sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount 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.
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.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
Revised 6/05
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's clatm(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am the owner
Project No. 1818
Local Agency
representative of the firm of Cascade Project Management, PLLC
and duly authorized
whose address is
55332 Highway 155N, Electric City, WA. 99123 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 the AGREEMENT;
(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 this AGREEMENT; or
(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 this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140-089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M -1(b)
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 consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to 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 hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
R. A. Zais, Jr., City Manager
DOT Form 140-089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -Primary Covered Transactions
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 (I)
(B). of this certification; and
D. Have not within a three (3) year periodpreceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. 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): Cascade Project Management, PLLC
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
Exhibit M-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 31, U.S. Code. Any person who
fails to file the required 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). Cascade Project Management, PLLC
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
Exhibit M-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 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of *
are accurate, complete, and current as of **. 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 Cascade Project Management, PLLC
Name Gary L. Powell, P.E.
Title Manager
Date of Execution*** June 17, 2009
* Identify the proposal, quotation, request for price adjustment, or other subrnission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M-4
Revised 6/05
Supplemental Signature
Page for
Standard Consultant
Agreement
Consultant/Address/Telephone
Cascade Project Management, PLLC
55332 Highway 155N
Electric City, WA. 99123
Agreement Number
Project Title And Work Description
PM/Owner's Rep. for the Lincoln Avenue
Underpass ( Yakima Grade Separations
Project).
Federal Aid Number
STPX-NCPD-000S(062)
Local Agency
City of Yakima
THIS AGREEMENT, made and entered into this
between the Local Agency of City of Yakima
day of
June , 2009 ,
, Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT"
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT
By
Consultant Gary L. Powell, P.E.
LOCAL AGENCY
By
R. A. Zais City Manager
Agency City of Yakima
Consultant Agency
By
Agency
By
Agency
DOT Form 140-089 EF Appendix 31 910
Revised 6/05
Cascade Project Management, PLLC
Yakima Grade Separations Project (Lincoln Ave Underpass PM/Owner's Rep)
Estimate of Hours
Pre -Construction: June 2009 thru July 2009
^O7 #' .• j$y,,
+� Sco e of ltVottr` `-.•,u
�,-:��. ., .: F? �- �:,:..�
r. .b, �,,.
x° .�,��. � , m b`•
q
34rl:x: sr. -.i -.»x
Mana er
'r�''•'',8�,,;„-
�t�.
vx :�ypa ^z :vIIv�.fi•.F
?:[ons truction
�y '� . ? ,
Spec�al�st�'�<,`�..�
4r"^,:sr".3''. `�. .
,cont '� �
Tact
;” i in ra o _tg
. Admmisfrator.'.s�a
Attend project coordination meetings
8
Review existing project files and agreements
16
Assist the City as necessary with bid review/analysis
16
8
Attend Pre -construction meeting
8
,>utiA6.01Ya-"
R 8,;
.> 4.,, ; y %
:st=n -4.-
''�:.j ��,�yrv•'
Construction: August 2009 thru July 2010
On-site PM/Owner's Representative -- 14hrs/wk
728
Coordinate activities with all stakeholders, including City of Yakima, A/E,
CM and Contractor
208
Review Contractor's Base line schedule and updates -submit analysis —
w/findings
20
8
Review Contractor's 2 week look ahead schedules and coord. With City
Agencies for any needed actions/notifications
52
Attend project coordination meetings and represent the City
208
Receive monthly contractor progress payment requests from CM and
review and confirm for alignment with work progress and schedule.
48
Review all PCO's and Change Order requests and assist the City with
Change Order negotiations.
50
30
Prepare monthly progress status reports
48
Review any potential claims including impact analysis
40
40
Provide assistance as needed with contract administration and
compliance.
24
•;'a!�t'�•.�c��:�"..,.�,Su;Tgtalt='•a:a,,`. ,'•''+~," '
t1 40-
7" r
b
Post-Construction: August 2010 thru September 2010
Provide support to the City in resolving any outstanding Change Orders
32
24
Provide follow up to open punch list or warranty issues
16
8
Evaluate/analyze any outstanding claims issues and assist the City with
resolution
20
10
Coordinate close out activities with the A/E, CM and Contractor, attend
one project closeout meeting and Provide Closeout report
36
48
S*'n»?° 3,'. �§'•l`i,.: �; y,A:1„ ti,rii `. "%'�;i :S•:A' -:� ^$'aY:'n ti-n'..k:
,$Ub:T01'al. ,,`:;..� ,%�•,.x�;. ;�� �xrw%;.,„ .- r,q �?"'_„,.~
...�`t^«'....,.�...... •;�r,- _>.... t' -w- .._ P�'`w'c�i`5v..
,`, . .:a"r
� ,�
; 104'.,._-.,
"&Y^n Y
_y :°n�=
;ay>�_42� ., t....,>,.:s
y�.",.�.�.�„ ..�
Et: S �$ii
�i'•. . �`4-
ki'!t>Si'�..!i0
Grand Total
1554
128
72
Cascade Project Management, PLLC
Yakima Grade Separations Project -Lincoln Ave. Underpass
PM/Owner's Representative
Reimbursable Calculation
Assumptions: Vehicle and Mileage expenses would be invoiced on the basis of mileage. Living expenses
including lodging and meals for the Owner's Representative and Subconsultants would be invoiced
based on the current WSDOT per diem allowances for lodging and meals. The estimate includes an
average of 1 night per week in Yakima during the construction of the project (12 month period). There
are a few additional nights to cover the other three months of the project work should it be necessary.
The needs of the project could require more time on-site for some weeks and less on others.
Lodging:
$79/night X 60 nights = $4,740
Meals:
$39/day X 60 = $2,340
Mileage:
Round trip
300 mi. X 60 X 0.55/mi = $9,900
Total Reimbursables $16,980
Powell Consulting Inc.
Yakima Grade Separations Project -Lincoln Ave. Underpass
PM/Owner's Representative
Reimbursable Calculation
Assumptions: Vehicle and Mileage expenses would be invoiced on the basis of mileage. The estimate
includes an average of one (1) site visit per week in Yakima during the construction of the project (12
month period).
Printing:
$20/month X 12 months = $ 240.00
Mileage:
Round trip 128 mi. X 48 X 0 55/mi $ 3,379.20
Total Reimbursables $ 3,619.20
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting of July 7, 2009
ITEM TITLE: Consideration of Resolution authorizing the City Manager to execute a Local
Agency Standard Consultant Agreement with Cascade Project Management,
PLLC to perform the duties of Owner's Representative forthe construction of the
Lincoln Avenue Railroad Grade Separation Project
SUBMITTED BY: William Cook, Director CED .
CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer — 576-6678
SUMMARY EXPLANATION:
The City and our consultant Berger/ABAM Engineers, Inc. have been working closely with
BNSF over the past several months on the completion of the Construction and Maintenance
Agreement for the project and the Purchase and Sale Agreement for the needed right of way
and easements to be purchased from BNSF. After many months of negotiations, the City and
BNSF have reached agreement on the content of these two agreements. The City Manager
has signed these agreements and we are waiting for BNSF to sign and return them. The City
has secured enough funding to construction the Lincoln Avenue Underpass and it is anticipated
that the Lincoln Avenue Underpass project will be advertised by mid to late August, with
construction beginning in late October.
In anticipation of construction issues, such as: scheduling conflicts; federal regulations; and,
evaluation of requested change orders, we have selected the consulting firm of Cascade Project
Management to perform the duties of Owner's Representative for the City on the Lincoln
Avenue Underpass project. The projected cost of this agreement is not to exceed $411,964.25
based on a provisional hourly rate.
(Continued on Page Two)
Resolution X Ordinance Contract X Other (Specify)
Funding Source: Cumulative Reserve for Capital Improvements;
Fund 392
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the Local Agency Standard
Consultant Agreement with Cascade Project Management.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
1
Page Two
The need to hire a consultant to perform the duties of Owner's Representative is due to the
highly complicated, mega utility -coordinated, multi -agency funded and extremely regulated
(federal) nature of this project. Although the Engineering Division will remain involved with this
project, we don't have the staff time nor the experience required to ensure that the project would
run smoothly.
We interviewed three qualified consulting firms who expressed interest in performing this work
for the City, and Cascade Project Management scored significantly higher than the other
consultants.
2
L 4- 0-7 303
2-ac�a1-05S
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Cascade Project Management, PLLC
734 Tillamuk Drive
La Conner, WA 98257
►� Architectural/Engineering Agreement
❑ Personal Services Agreement
Agreement Number
Project Title And Work Description
Constructability Review for the Lincoln Avenue
Underpass contract documents (Yakima Grade
Separations Project)
Federal Aid Number
STPX-000S(062)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
DBE Participation
❑ Yes 0 No %
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
Federal ID Number or Social Security Number
71-0984678
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
❑ Yes ►ii No
Completion Date
July 31, 2009
Fixed Fee $
►i1 Specific Rates Of Pay
❑ Negotiated Hourly Rate
►5 Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
19,390.26
19,390.26
Index of Exhibits (Check all that apply):
121
El
Exhibit A-1 Scope of Work
Exhibit A-2 Task Order Agreement
Exhibit B-1 DBE Utilization Certification
Exhibit C Electronic Exchange of Data
Exhibit D-1 Payment - Lump Sum
Exhibit D-2 Payment - Cost Plus
Exhibit D-3 Payment - Hourly Rate
Exhibit D-4 Payment - Provisional
Exhibit E-1 Fee - Lump/Fixed/Unit
Exhibit E-2 Fee - Specific Rates
Exhibit F Overhead Cost
Exhibit G Subcontracted Work
Exhibit G-1 Subconsultant Fee
Exhibit G-2 Fee -Sub Specific Rates
Exhibit G-3 Sub Overhead Cost
Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
Exhibit L Liability Insurance Increase
Exhibit M -la Consultant Certification
Exhibit M -lb Agency Official Certification
Exhibit M-2 Certification - Primary
Exhibit M-3 Lobbying Certification
Exhibit M-4 Pricing Data Certification
App 31 910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this I 6th day of April 2009
between the Local Agency of City of Yakima
and the above organization hereinafter called the "CONSULTANT"
DOT Form 140-089 EF
Revised 3/2008
Page 1 of 8
. Washington. hereinafter called the "AGENCY" ,
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,
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
General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" 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, and/or individuals shall be
coordinated through the AGENCY The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which 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
The CONSULTANT, and each SUBCONSULTANT, shall not discrnnmate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT lithe Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan" The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C "
All designs, drawings. specifications, documents, and other work products. including all electronic tiles, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT.
and are the property of the AGENCY Reuse by the AGENCY or by others. acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT shall be without liability or legal exposure to
the CONSULTANT
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by 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. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31
A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager
VI Sub -Contracting
The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT
Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G "
The work of the sub -consultant 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 sub -consultant shall be
substantiated in the same manner as outlined in Section V All sub -contracts shall contain all applicable provisions of
this AGREEMENT
With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39 04 250 and RCW 39 76 01 1
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY No permission for sub -contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship A DBE certified sub -consultant is required to perform a minimum
amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY
VII Employment
The CONSULTANT warrants that they have 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 an and all claims that may 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
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at anv time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq )
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq )
49 CFR Part 21
23 CFR Part 200
RCW 49 60 180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "1-1" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto
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 he made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for anv work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate lithe accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for ani excess paid
lithe 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
Page 4 of 8
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 may be required to do so, and other factors which affect the value to the AGENCY
ofthe 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 above
lilt is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses lusted previously
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 of the 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, of requested to do so by the AGENCY This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, of 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 of 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 If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K"
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located 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 ofthe Superior court of the State of Washington, situated
in the county in which the AGENCY is located
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its 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 or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
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 or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW
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 a new sole source, or 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
Title 48 RCW
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE
B Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars (52,000,000) for bodily injury, including death and property damage The per occurrence amount shall
not exceed one million dollars (SI,000,000)
C Vehicle liability insurance for any automobile used in an amount not less than a one million dollar (SI,000,000)
combined single limit
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington The
CONSULTANT shall subunit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million (SI,000,000) dollars, whichever is the greater, unless modified by 1 \hibit "L" In no
case shall the CONSULTANT'S professional liability to third parties be limited in any v\ ay
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it
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 any "request for equitable adjustment", hereafter referred to as "CLAIM", under
this clause within thirty (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 conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
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 "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4"
Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and
Exhibit "M-4" is required only in AGREEMENTS over 5500,000
XVIII Complete Agreement
This document and referenced attachments contain 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 material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
By
By
iF
Consultant Cascade Project Management, PLLC Agency City of Yakima
CITY CONTRAC r NO: Z O �' / — S
RESOLUTION N0:
DOT Form 140-089 EF
Revised 3/2008 Page 8 of 8
Exhibit A-1
Scope of Work
Project No.
Consultant_wdl_provide_constructabilityie_view of Plans andSpecifications_for_the_LmcolnAvenue
Underpass Work will_include_(L)_onsite visit as well a review o.favailable_schedules_and_agreements.—
A findings_report-will be_submitted_at-completion_of thts_Task
Documents To Be Furnished By The Consultant
Constructabihty FtndingsReport
DOT Form 140-089 EF Exhibit A-1
Revised 6/05
Exhibit A-2
Scope of Work
(Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY The AGENCY is
not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may
include but are not limited to, the following types of work.
A Perform Constructability Review for the Lincoln Avenue Underpass
B.
C
D
E.
F
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document
similar in format to page 2 of this exhibit.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY
DOT Form 140-089 EF Exhibit A-2
Revised 6/05
Formal Task Assignment Document
Task Number 1
The general provisions and clauses of Agreement shall be in full force and effect for this
Task Assignment
Location of Project Yakima Grade Separations Project
Project Title Constructability Review for the Lincoln Avenue Underpass contract documents (Yakima Grade
Maximum Amount Payable Per Task Assignment:
Completion Date May 15, 2009
Description of Work.
(Note attachments and give brief description)
Perform constructability review of the Lincoln Avenue Underpass Plans and Specification. Scope of Work per
Exhibit A-1.
Agency Project Manager Signature'
Oral Authorization Date'
Consultant Signatur
Agency Approving �ority
Date 4-1L.0-�
See Letter Dated
Date- 4/2 /Q 2
DOT Form 140-089 EF Formal Task Assignment
Revised 6/05
Date -
CITY CONTRAC r NO: c9007" -57
RESOLUTION NO•_.____
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency The format and standards to
be provided may include, but are not limited to, the following
I Surveying, Roadway Design & Plans Preparation Section
A Survey Data
B Roadway Design Files
C Computer Aided Drafting Files
D Specify the Agency's Right to Review Product with the Consultant
E Specify the Electronic Deliverables to Be Provided to the Agency
F Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A Agency Software Suite
B. Electronic Messaging System
C File Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 6/05
Exhibit D-3
Payment (Negotiated Hourly Rate)
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 work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1 Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non -Salary Costs. Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items travel,
printing, long distance telephone, supplies, computer charges and sub -consultant costs
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46 "Travel Costs "
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT
c The CONSULTANT shall maintain the original supporting documents in their
office Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT
3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize 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 S100,000 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 not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XiV, "Extra Work."
DOT Form 140-089 EF Exhibit D-3
Revised 6/08
4 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, and the Management Reserve Fund The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT 5 Monthly Progress Payments Progress
payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The
monthly billing shall be supported by detailed statements for hours expended at the rates
established in Exhibit "E", including names and classifications of all employees, and billings for
all direct non -salary expenses To provide a means of verifying the billed salary costs for the
CONSULTANT'S employees, the AGENCY may conduct employee interviews These interviews
may consist of recording the names, titles, salary rates, and present duties of those employees
performing work on the PROJECT at the time of the interview
6 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,
electronic data 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 transmitted 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
at the time of final audit, all required adjustments will be made and reelected in a final payment. In
Ole event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) 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. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings
7 inspection of Cost Records The CONSULTANT and their sub -consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all 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 (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
Exhibit E-1
Consultant Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Constructability Review for the Lincoln Avenue Underpass contract documents (Yakima Grade
Direct Salary Cost (DSC):
Classification Man Hours Rate = = Cost
Manager 60 0 X 70.00 S 4,200 00
Construction Specialist 50.0 X 40 00 2,000 00
X
X
X
X
X
X
X
Total DSC = $ 6,200 00
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 74 28 % x $ 6,200 00 4,605.36
Fixed Fee (FF):
FF Rate x DSC of 20 % x $ 6,200 00 1,240.00
Reimbursables:
Itemized
118 80
Subconsultant Costs (See Exhibit G): 7,226 10
Grand Total 19,390 26
Prepared By' Gary Powell
DOT Form 140-089 EF Exhibit E-1
Revised 6/05
Date April 14, 2009
Exhibit E-2
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
Rate @ 7428 % @ 20 % Per Hour
Manager 70.00 52 00 14 00 136 00
Construction Specialist
40 00 29.71
8.00 77.71
0 00 0 00 0 00
0 00 0 00 0 00
0 00 0 00 0 00
0 00 0 00 0 00
0.00 0.00 0 00
0 00 0 00 0 00
0 00 0.00 0 00
0 00 0.00 0.00
0 00 0 00 0 00
0.00 0.00 0 00
0 00 0 00 0 00
0 00 0.00 0 00
DOT Form 140-089 EF Exhibit E-2
Revised 6/05
0 00 0 00 0 00
0 00 0.00 0 00
Exhibit F
Breakdown of Overhead Cost
Account Title
$ Beginning Total
% of Direct Labor
Direct Labor
229,417.00
100.00%
Overhead Expenses
FICA
21,122.94
9.21%
Unemployment
224.00
0.10%
Health/Accident Insurance
13,465.10
5.87%
Medical Aid & Industrial Insurance
2,030.81
0.89%
Holiday/Vacation/Sick Leave
2.00%
Commission/Bonus/Pension
33,820.85
14.74%
Total Fringe Benefits
70,663.70
30.80%
General Overhead
State B&O Taxes
8,328.83
3.63%
Insurance
2,903.00
1.27%
Administration & Time Not Assignable
50,500.00
22.01%
Printing, Stationery & Supplies
3,221.81
1.40%
Professional Services
2,815.00
1.23%
Travel Not Assignable
2,753.50
1.20%
Telephone & Telegraph Not Assignable
2,814.00
1.23%
Fees, Dues & Professional Meetings
150.00
0.07%
Utilities & Maintenance
1,512.38
0.66%
Professional Development
1,395.00
0.61%
Rent
10,832.74
4.72%
Equipment Support
704.00
0.31%
Office, Miscellaneous & Postage
11,815.10
5.15%
Total General Overhead
99,745.36
43.48%
Total Overhead (General + Fringe)
170,409.06
74.28%
Overhead Rate (Total Overhead / Direct Labor)
74.28%
DOT Form 140-089 EF Exhibit F
Revwsed 6/05
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT
Constructabilit_y_Le_view_Support
DOT Form 140-089 EF Exhibit G
Revised 6/05
Exhibit G-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized) -
Project: Constructability Review for the Lincoln Avenue Underpass contract documents (Yakima Grade
Sub Consultant: Powell Consulting, Inc
Direct Salary Cost (DSC):
Classification Man Hours Rag = Cost
Project Manager 38 0 X 58.75 $ 2,232 50
Senior Tech 32.0 X 22 00 704 00
X
X
X
X
X
X
X
Total DSC = $ 2,936.50
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 123 % x $ 2,936.50 = 3,611 90
Fixed Fee (FF):
FF Rate x DSC of 20 % x $ 2,936 50 = 587 30
Reimbursables:
Itemized
SubConsultant Total
Prime Mark-Up
Grand Total
Prepared By Gary Powell
0/0 X
DOT Form 140-089 EF Exhibit G-1
Revised 8/07
90.40
7,226 10
Date April 14, 2009
Exhibit G-2
Subconsultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant
Powell Consulting. Inc.
Discipline or Job Title
Hourly
Rate
Overhead
@ 123.00 %
@
Profit
20 00 %
Rate
Per Hour
Project Manager
58
75
7226
11.75
142
76
Senior Tech
22
00
27 06
4.46
53
46
DOT 140-089 EF Exhibit E-2
8/07
Exhibit G-3
Breakdown of Subconsultants Overhead Cost
Account Title
$Beginning Total
% of Direct Labor
Direct Labor
160,924 00
100.00%
Overhead Expenses
FICA
22,245.00
13.82%
Unemployment
Health/Accident Insurance
12,553.00
7.80%
Medical Aid & Industrial Insurance
HolidayNacation/Sick Leave
3,220.00
2.00%
Commission/Bonus/Pension
3,000.00
1.86%
Total Fringe Benefits
41,018.00
25.49%
General Overhead
State B&O Taxes
6,112.00
3.80%
Insurance
592.00
0.37%
Administration & Time Not Assignable
126,942.00
78.88%
Printing, Stationery & Supplies
6,973.00
4.33%
Professional Services
729.00
0.45%
Travel Not Assignable
Telephone & Telegraph Not Assignable
4,665.00
2.90%
Fees, Dues & Professional Meetings
1,126.00
0.70%
Utilities & Maintenance
Professional Development
Rent
Equipment Support
2,776.00
1.73%
Office, Miscellaneous & Postage
7,035.00
4.37%
Total General Overhead
156,950.00
97.53%
Total Overhead (General + Fringe)
197,968.00
123.02`A
Overhead Rate (Total Overhead / Direct Labor)
123.02%
DOT Form 140-089 EF Exhibit G-2
Revised 8/07
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1 Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, 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
Non-discrimination The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub -consultants, including procurement 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 AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS
3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4 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 AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5 Sanctions for Non-compliance In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6 Incorporation of Provisions The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub -contract, including procurement 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 sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount 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.
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.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit 1
Revised 6/05
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or Tess, it would not be cost effective to proceed through the outlined steps It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
lithe consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim,
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step I, the next step in the process is to forward the request to the
Agency's project manager The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. if
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds
tithe Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following.
• Copy of rnfonnation supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim,
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s), and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures) If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s) Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that i am the owner
Project No
Local Agency
representative of the firm of Cascade Project Management, PLLC
and duly authorized
whose address is
734 Tillamuk Drive, La Conner, WA 98257 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 fine or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any finn or person in connection with carrying out this AGREEMENT, or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for nye or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any),
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
DOT Form 140-089 EF Exhibit M -1(a)
Revised 6/05
Signature
Exhibit M -1(b)
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 consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to
(a) Employ or retain, or agree to employ to 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 hereby expressly stated (if any)
1 acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U S Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
L}— tCa- l7Ct
Date
DOT Form 140-089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -Primary Covered Transactions
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 (I)
(B) of this certification; and
D Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
Ii 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): Cascade Project Management, PLLC
I2c)rit�I
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
ture) President or Authorized Offic¢al of Consultant
Exhibit M-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 31, U.S. Code Any person who
fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and
not more than S100,000 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 S100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm) Cascade Project Management, PLLC
417-0V
ate)IQ1
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
ature) Pr-sident or Authorized OIcial of Consultant
Exhibit M-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 15 401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15 403-4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of
are accurate, complete, and current as of **. 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 Cascade Project Management, PLLC
Name Gary Powell
Title Owner
Date of Execution*** April 17, 2009
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e g., RFP No.)
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M-4
Revised 6/05
Supplemental Signature
Page for
Standard Consultant
Agreement
Consultant/Address/Telephone
Cascade Project Management, PLLC
734 Tillamuk Drive
La Conner, WA 98257
Agreement Number
Project Title And Work Description
Constructability Review for the Lincoln
Avenue Underpass contract documents
(Yakima Grade Separations Project).
Federal Aid Number
5' ,.-r c: -r1.)-- 000 CZ6-Z
Local Agency
City of Yakima
THIS AGREEMENT, made and entered into this
between the Local Agency of
16:,-1-1L— day of April , 2009 ,
City of Yakima , Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT"
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written
CONSULTANT
Consultant Gary Powell
LOCAL AGENCY
By
Agency City of Yakima
By By
Consultant
DOT Form 140-089 EF Appendix 31 910
Revised 6/05
Agency
By
Agency
By
Agency