HomeMy WebLinkAboutR-2006-009 Huibregtse Louman Associates Inc. (HLA) AgreementRESOLUTION NO. R-2006-09
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement with Huibregtse, Louman Associates, Inc. (HLA) to
collect topographic data in preparation for the design and
reconstruction of a section of Nob Hill Boulevard from 52nd Avenue
to 80th Avenue and to prepare the SEPA Environmental Checklist to
obtain permits.
WHEREAS, the City requires the collection of existing topographic data in
preparation for the design and reconstruction of a section of Nob Hill Boulevard from
52nd Avenue to 80th Avenue; and
WHEREAS, HLA represents that it has the expertise necessary to perform the
services required by the City and is willing to do so in accordance with the terms and
conditions of the attached Consultant Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to
authorize execution of the attached Consultant Agreement with HLA, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached Consultant Agreement with HLA to collect topographic data and
prepare the SEPA Environmental Documents in preparation for the design and
reconstruction of a section of Nob Hill Boulevard from 52nd Avenue to 80th Avenue.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2006.
ATTEST:
i<4Az"-'
City Clerk
David Edler, Mayor
Transportation Improvement Board (TIB)
Consultant Agreement
TIB PROJECT NUMBER
8-4-039 (021)-1
PROJECT PHASE (check one) Q Design
■
Construction
PROJECT TITLE & WORK DESCRIPTION
City of Yakima — West Nob Hill Boulevard 52nd Avenue to 80"1 Avenue
Preliminary Survey and Environmental Review
CONSULTANT NAME & ADDRESS
Huibregtse, Louman Associates, Inc. 801 North 395 Avenue, Yakima, WA 98902
AGREEMENT TYPE (check one)
❑ LUMP SUM $
PROGRESS PAYMENT RATE 150.77 %
QCOST PLUS FIXED FEE OVERHEAD
OVERHEAD COST METHOD
FIXED FEE $1,636.67
❑ SPECIFIC RATES OF PAY
❑ COST PER UNIT WORK
• Actual Cost
• Actual Cost Not To Exceed
Q Fixed Rate
150.77 %
• Negotiated Hourly Rate
• Provisional Hourly Rate
DBE PARTICIPATION
WBE PARTICIPATION
0/0
• Yes Q No %
• Yes Q No
COMPLETION DATE
December 31, 2006
MAXIMUM AMOUNT PAYABLE
$50,221.38
THIS AGREEMENT, made and entered into this 72- f J) 1 & day of February, 2006, between the City of Yakima, Washington, hereinafter called the
AGENCY, and the above organization hereinafter called the ONSULTANT The Transportation Improvement Board hereinafter called the TIB, administers the following
accounts: Urban Arterial Trust Account funds, Transportation Improvement Account funds, Small City Account funds, and City Hardship Assistance Account funds.
WITNESSETH THAT
WHEREAS, the AGENCY desires to accomplish the above referenced project, with the aid of TIB funds in conformance with the rules and regulations promulgated by
the TIB; 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
Form 190-016
TIB Revised Oct 2001
Page 1 of 22
II
SCOPE OF WORK
The Scope of Work and project level of effort for this project is detailed in Exhibit
B attached hereto, and by this reference made a part of this AGREEMENT
G:ICARIIYakima101-TIB AGR.doc
III
GENERAL REQUIREMENTS
All aspects of coordination of the work of this AGREEMENT, with outside
agencies, groups or individuals shall receive advance approval by the AGENCY.
Necessary contacts and meetings with agencies, groups or individuals shall be
coordinated through the AGENCY.
The CONSULTANT shall attend coordination, progress and presentation
meetings with the AGENCY or such Federal, Community, State, City or County
officials, groups or individuals as may be requested by the AGENCY. The
AGENCY will provide the CONSULTANT sufficient notice prior to meetings
requiring CONSULTANT participation. The minimum number of hours or days
notice required shall be agreed to between the AGENCY and the CONSULTANT
and shown in Exhibit B attached hereto and made part of this AGREEMENT. The
CONSULTANT shall prepare a monthly progress report, in a form approved by
the AGENCY, that will outline in written and graphical form the various phases
and the order of performance of the work in sufficient detail so that the progress
of the work can easily be evaluated. Goals for Disadvantaged Business
Enterprises (DBE), Minority Business Enterprises (MBE), and Women -owned
Business Enterprises (WBE) if required shall be shown in the heading of this
Agreement.
The original copies of all reports, PS&E, and other data furnished to the
CONSULTANT by the AGENCY shall be returned. All designs, drawings,
specifications, documents, and other work products prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are
instruments of service for the PROJECT and are property of the AGENCY
Reuse by the AGENCY or by others acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall
be without liability of legal exposure to the CONSULTANT
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under the terms of this
AGREEMENT until authorized in writing by the AGENCY All work under this
AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT under completion date.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the AGENCY, in the
event of a delay attributable to the AGENCY, or because of unavoidable delays
caused by an act of GOD or governmental actions or other conditions beyond the
control of the CONSULTANT. A prior supplemental agreement issued by the
AGENCY is required to extend the established completion time.
V
PAYMENT
The CONSULTANT shall be paid by the AGENCY for completed work and
services rendered under this AGREEMENT as provided in Exhibit C attached
hereto, and by this reference made part of this AGREEMENT Such payment
shall be full compensation for work performed or services rendered and for all
labor, materials, supplies, equipment, and incidentals necessary to complete the
work specified in Section II, Scope of Work.
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items of work as shown in Exhibit G
to this Agreement. Compensation for this subconsultant work shall be based on
the cost factors shown on Exhibit G, attached hereto and by this reference made
a part of this AGREEMENT.
The work of the subconsultant shall not exceed its maximum amount payable
unless a prior written approval has been issued by the AGENCY.
Transportation Improvement Board (TIB)
'q' Consultant Agreement
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee
costs for the subconsultant shall be substantiated in the same manner as outlined
in Section V At subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT
The CONSULTANT shall not subcontract for the performance of any work under
this AGREEMENT without prior written permission of the AGENCY No
permission for subcontracting shall create, between the AGENCY and
subcontractor, any contract or any other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working
solely for the CONSULTANT, any fee, commission, percentage, brokerage fee,
gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall
have the right to annul this AGREEMENT without liability, or in its discretion, to
deduct from the AGREEMENT price or consideration or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
Any and all employees of the CONSULTANT or other persons while engaged in
the performance of any work or services required of the CONSULTANT under
this AGREEMENT, shall be considered employees of the CONSULTANT only
and not of the AGENCY, and any and all claims that may or might arise under
any Worker's Compensation Act on behalf of said employees or other persons
while so engaged, and any and all claims made by a third party as a
consequence of any act or omission on the part of the 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
STATE, or the AGENCY, except regularly retired employees, without written
consent of the public employer of such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate against any client, employee or
applicant for employment or for services because of race, creed, color, national
origin, marital status, sex, age or handicap except for a bona fide occupational
qualification with regard to, but not limited to the following: employment
upgrading, demotion or transfer, recruitment or any recruitment advertising,
layoffs or terminations, rates of pay or other forms of compensation, selection for
training, rendition of services. The CONSULTANT understands and agrees that if
it violates this provision, this AGREEMENT may be terminated by the AGENCY
and further that the CONSULTANT shall be barred from performing any services
for the AGENCY now or in the future unless a showing is made satisfactory to the
AGENCY that discriminatory practices have terminated and that recurrence of
such action is unlikely.
During the performance of this AGREEMENT, the CONSULTANT, for itself, its
assignees, and successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply
with the Regulations relative to nondiscrimination in the same manner as in
Federally -assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time
TIB Form 190-016
Revised Oct 2001 Page 2 of 15
to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this AGREEMENT.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work
performed by it during the AGREEMENT, shall not discriminate on the
grounds of race, creed, color, sex, age, marital status, national origin or
handicap except for a bona fide occupational qualification in the selection
and retention of subconsultants, including procurements of materials and
leases of equipment. The CONSULTANT shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix II of the Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING
PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations
either by competitive bidding or negotiation made by the CONSULTANT for
work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subconsultant or supplier
shall be notified by the CONSULTANT of the CONSULTANTs obligations
under this AGREEMENT and the Regulations relative to nondiscrimination
on the grounds of race, creed, color, sex, age, marital status, national origin
and handicap.
D. INFORMATION AND REPORTS: The CONSULTANT shall provide all
information and reports required by the Regulations, or directives issued
pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
AGENCY or TIB to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the
CONSULTANT is in the exclusive possession of another who fails or
refuses to furnish this information the CONSULTANT shall so certify to the
AGENCY, or the TIB as appropriate, and shall set forth what efforts it has
made to obtain the information.
E. SANCTIONS FOR NONCOMPLIANCE. In the event of the
CONSULTANTs noncompliance with the nondiscrimination provisions of
this AGREEMENT, the AGENCY shall impose such sanctions as it or the
Transportation Improvement Board may determine to be appropriate,
including, but not limited to:
1 Withholding of payments to the CONSULTANT under the
AGREEMENT until the CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the AGREEMENT, in
whole or in part.
F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include
the provisions of paragraphs (A) through (G) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The CONSULTANT shall
take such action with respect to any subconsultant or procurement as the
AGENCY or the Transportation Improvement Board may direct as a means
of enforcing such provisions including sanctions for noncompliance;
provided, however, that, in the event a CONSULTANT becomes involved
in, or is threatened with, litigation with a subconsultant or supplier as a
result of such direction, the CONSULTANT may request the AGENCY to
enter into such litigation to protect the interests of the AGENCY, and in
addition, the CONSULTANT may request the TIB to enter into such
litigation to protect the interests of the TIB.
G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply
with RCW 49.60.180 prohibiting unfair employment practices and the
Executive Orders numbered E.0.70-01 and E.O.66-03 of the Governor of
the State of Washington.
IX
Transportation Improvement Board (TIB)
'Le Consultant Agreement
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate this AGREEMENT at any time
upon ten days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for fault
on the part of the CONSULTANT, a final payment shall be made to the
CONSULTANT as shown in Exhibit F for the type of AGREEMENT used.
No payment shall be made for any work completed after ten days following
receipt by the CONSULTANT of the Notice of Termination. If the accumulated
payment made to the CONSULTANT prior to Notice of Termination exceeds the
total amount that would be due computed as set forth herein above, then no final
payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
In the event the services of the CONSULTANT are terminated by the AGENCY
for fault on the part of the CONSULTANT, the above formula for payment shall
not apply. In such an event, the amount to be paid shall be determined by the
AGENCY with consideration given to the actual costs incurred by the
CONSULTANT in performing the work to the date of termination, the amount of
work originally required which was satisfactorily completed to date of termination,
whether that work is in a form or a type which is usable to the AGENCY at the
time of termination; the cost to the AGENCY of employing another firm to
complete the work required and the time which maybe required to do so, and
other factors which affect the value to the AGENCY of the work performed at the
time of termination. Under no circumstances shall payment made under this
subsection exceed the amount which would have been made using the formula
set forth in the previous paragraph.
If it is determined for any reason that the CONSULTANT was not in default or that
the CONSULTANTs failure to perform is without it or its employees fault or
negligence, the termination shall be deemed to be a termination for the
convenience of the AGENCY in accordance with the provision of this
AGREEMENT.
In the event of the death of any member, partner or officer of the CONSULTANT
or any of its supervisory personnel assigned to the project, or, dissolution of the
partnership, termination other corporation, or disaffiliation of the principally
involved employee, the surviving members of the CONSULTANT hereby agree to
complete the work under the terms of this AGREEMENT, if requested to do so by
the AGENCY The subsection shall not be a bar to renegotiation of the
AGREEMENT between the surviving members of the CONSULTANT and the
AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,
should the surviving members of the CONSULTANT, with the AGENCYs
concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
In the event this AGREEMENT is terminated prior to completion, the original
copies of all reports and other data, PS&E materials furnished to the
CONSULTANT by the AGENCY and documents prepared by the CONSULTANT
prior to said termination, shall become and remain the property of the AGENCY
and may be used by it without restriction. Such unrestricted use, not occurring as
a part of this PROJECT, shall be without liability or legal exposure to the
CONSULTANT
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
TIB Form 190-016
Revised Oct 2001 Page 3 of 15
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 the scope of judicial review provided under Washington Case Law
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 the AGENCY is located in. 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 the
AGENCY is located in.
XIII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this AGREEMENT This
AGREEMENT shall be interpreted and construed in accord with the laws of
Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE of
Washington, and their officers and employees harmless from and shall process
and defend at its own expense all claims, demands, or suits at law or equity
arising in whole or in part from the CONSULTANT's negligence or breach of any
of its obligations under this AGREEMENT, provided that nothing herein shall
require a CONSULTANT to indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from claims, demands or suits
based solely upon the conduct of the AGENCY and the STATE, their agents,
officers and employees and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT's agents or
employees and (b) the AGENCY and the STATE, their agents, officers and
employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence, (2) the costs to the AGENCY and the STATE of defending such
claims and suits, etc. shall be valid and enforceable only to the extent of the
CONSULTANT's negligence or the negligence of the CONSULTANT's agents or
employees.
The CONSULTANT's relation to the AGENCY shall be at all times as an
independent contractor.
The CONSULTANT specifically assumes potential liability for actions brought by
the CONSULTANT's own employees against the AGENCY and, solely for the
purpose of this indemnification and defense, the CONSULTANT specifically
waives any immunity under the state industrial insurance law, Title 51 RCW The
CONSULTANT recognizes that this waiver was specifically entered into pursuant
to the provisions of RCW 4.24115 and was the subject of mutual negotiation.
Transportation Improvement Board (TIB)
`2 Consultant Agreement
Unless otherwise specified in the AGREEMENT, the AGENCY shall be
responsible for administration of construction contracts, if any, on the project.
Subject to the processing of an acceptable, supplemental agreement, the
CONSULTANT shall provide on-call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume
no responsibility for proper construction techniques, job site safety, or any
construction contractor's failure to perform its work in accordance with the
contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the
AGREEMENT, or as otherwise required, the following insurance with companies
or through sources approved by the State Insurance Commissioner pursuant to
RCW 48.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the
STATE.
B. General commercial liability insurance in an amount not less than a single limit
of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including
death and property damage per occurrence.
Excepting the Worker's Compensation insurance and any professional liability
insurance secured by the CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by
this 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 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 dollars, whichever is the
greater unless modified by Exhibit H. In no case shall the CONSULTANT's
professional liability to third parties be limited in any way
The AGENCY will pay no progress payments under Section V until the
CONSULTANT has fully complied with this section. This remedy is not exclusive;
and the AGENCY and the STATE may take such other action as is available to
them under other provisions of this AGREEMENT, or otherwise in law.
XIV
EXTRA WORK
A. The AGENCY may at any time, by written order, make changes within the
general scope of the AGREEMENT in the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost
of, or the time required for, performance of any part of the work under this
AGREEMENT, whether or not changed by the order, or otherwise affects
any other terms and conditions of the AGREEMENT, the AGENCY shall
make an equitable adjustment in the (1) maximum amount payable; (2)
delivery or completion schedule, or both; and (3) other affected terms and
shall modify the AGREEMENT accordingly
C. The CONSULTANT must submit any proposal for adjustment (hereafter
referred to as proposal) under this clause within 30 days from the date of
receipt of the written order However, if the AGENCY decides that the facts
justify it, the AGENCY may receive and act upon a proposal submitted
before final payment of the AGREEMENT
TIB Form 190-016
Revised Oct 2001 Page 4 of 15
D Failure to agree to any adjustment shall be a dispute under the disputes
clause. However nothing in this clause shall excuse the CONSULTANT
from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and condition of paragraphs (a) and (b) above,
the maximum amount payable for this AGREEMENT, shall not be
increased or considered to be increased except by specific written
supplement to this AGREEMENT
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on all plans, estimates or any
other engineering data furnished by him.
XVI
TIB AND AGENCY REVIEW
The AGENCY and TIB shall have the right to participate in the review or
examination of the work in progress.
Transportation Improvement Board (TIB)
',f Consultant Agreement
XVII
CERTIFICATION OF THE
CONSULTANT AND THE AGENCY
Attached hereto as Exhibit A-1, are the Certifications of the Consultant and the
Agency.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants, stipulations
and provisions agreed upon by the parties. No agent, or representative of either
party has authority to make, and the parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth herein. No
changes, amendments, or modifications of the terms hereof shall be valid unless
reduced to writing and signed by the parties as an amendment to this
AGREEMENT.
XIX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed in several counterparts,
each of which shall be deemed to be an original having identical legal effect. The
CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the
supporting materials submitted by the CONSULTANT, and does hereby accept
the AGREEMENT and agrees to all of the terms and conditions thereof.
In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written.
By
�w � �•� By
ffrey T. Louman' PE, Pr sident
Consultant Huibregtse, Louman Associates, Inc.
City of
Richard A. Zais, Jr., City Manager 2.-G.
Yakima
CITY CONTRAC f NO: -'
ci
RESOLUTION NO: /1 'o2606, 67
TIB Form 190-016
Revised Oct 2001 Page 5 of 15
Transportation Improvement Board (TIB)
„ 1 Consultant Agreement
EXHIBIT A-1
Certification of Consultant
Project No.
TIB No. 8-4-039 (021)-!
City
Yakima
I hereby certify that I am the President, a duly authorized representative of the firm of Huibregtse, Louman Associates, Inc., whose address is
801 North 39th Avenue, Yakima, WA 98902, and that neither I nor the above firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection
with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above
CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the
contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with
requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving
participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil.
January 30, 2006
Date
VSignature
Jeffrey T. Louman, PE, President
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the City of Yakima, Washington and that the above consulting firm or his/her representative
has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to.
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here
expressly stated (if any).
I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject
to applicable State and Federal laws, both criminal and civil.
Date
Signature
Richard A. Zais, Jr., City Manager
TIB Form 190-016
Revised Oct 2001 Page 6 of 15
Transportation Improvement Board (TIB)
1W1 Consultant Agreement
EXHIBIT B-1
Scope of Work
HUIBREGTSE, LOUMAN ASSOCIATES, INC. - PRIME CONSULTANT
Project. No. City of Yakima — West Nob Hill Boulevard 52nd Avenue to 80th Avenue
TIB No. 8-4-039 (021)-1
Describe the Scope of Work
The City of Yakima (AGENCY) desires to improve West Nob Hill Boulevard from 52nd Avenue to 80dn Avenue. The project includes reconstructing this arterial street including
asphalt concrete pavement, curbs, sidewalks, drainage, retaining walls, illumination, pavement markings, and adjustment of utilities.
Plans, specifications, and contract documents shall be developed by the City of Yakima Staff in accordance with the latest edition and amendments of the following:
• Washington State Department of Transportation/American Public Works Association, "Standard Specifications for Road, Bridge, and Municipal Construction"
• Washington State Department of Transportation, "Standard Plans for Road and Bridge Construction."
• Washington State Department of Transportation, "Highway Design Manual."
• FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways"
The AGENCY shall provide support services to the CONSULTANT as described in the following text. The CONSULTANT will cooperate and coordinate with the
AGENCY in Yakima, Washington, to facilitate the project.
Assumptions:
• All calculations, analyses, design, plans, specifications, and other project work will be prepared in English units. The use of metric units for any aspect of the
work will not be required.
• All drawings will be produced using AutoCADTM computer aided drafting software.
All design engineering and preparation of plans, specifications, and construction contract documents will be performed by the City of Yakima engineering
staff.
• All construction engineering services will be performed by the City of Yakima engineering staff.
An Outline of work tasks for preliminary survey and environmental review are as follows:
PRELIMINARY SURVEY FOR DESIGN AND RIGHT OF WAY PURPOSES
1 The CONSULTANT shall provide the following survey items for West Nob Hill Boulevard from 52d Avenue to 6401 Avenue:
1 1 Control Survey
1.2 Basemap of existing ground and topographic features.
1.3 Plan sheets with horizontal alignment.
1 4 Cross-section at 50' intervals.
1.5 Project bench marks.
1.6 Project datum.
ENVIRONMENTAL REVIEW (services by subconsultant, Widener & Associates)
See Exhibit G-1 for Scope of Work
Documents to be Fumished by the Consultant
• Plan sheets showing alignment and topographic features.
• Cross section plots of ground elevations every 50 feet.
• Electronic AutoCAD files of the plan sheets and cross sections.
TIB Form 190-016
Revised Oct 2001
Page 7of15
Transportation Improvement Board (TIB)
rri. 1'r' Consultant Agreement
EXHIBIT C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter.
Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals
necessary to complete the work specified in Section II, "Scope of Work."
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the CONSULTANTs actual cost plus a fixed fee. The actual cost
shall include direct salary cost, overhead, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged
in work necessary to fulfill the terms of this AGREEMENT
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment
Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT The three options are explained as follows:
a. Actual Cost: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual
overhead costs verified by audit, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual
costs.
b. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to
reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final
overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of
this AGREEMENT.
c. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead
at the percentage rate shown. This rate shall not change during the life of the AGREEMENT
A summary of the CONSULTANTs cost estimate and the overhead computation are attached hereto as Exhibits D and E and by this reference made
part of this AGREEMENT. When an actual cost overhead rate or actual cost not to exceed overhead rate is used, the actual overhead rate
determined at the end of each fiscal year shall be used for the computation of progress payments during the following year and for retroactively
adjusting the previous year's overhead cost to reflect the actual rate.
The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate for each fiscal year and of the actual rate incurred to
the date of completion of the work. The AGENCY and/or TIB may perform an audit of the CONSULTANT's books and records at any time during
regular business hours to determine the actual overhead rate, if they so desire.
3. Direct Nonsalary Cost
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT applicable to this contract. These charges may include, but are not
limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will
only be reimbursed to economy class levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the
Project, shall be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts, and miscellaneous
supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of
the above charges must be necessary for services to be provided under this AGREEMENT.
4. Fixed Fee
The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This fee is based on the
scope of work defined in this AGREEMENT and the estimated man -months required to perform the stated scope of work. In the event a
supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provision for the added
costs and appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the
CONSULTANT and reported in the monthly progress reports accompanying the invoices.
TIB Form 190-016
Revised Oct 2001 Page 8 of 15
Transportation Improvement Board (TIB)
` V,,j Consultant Agreement
Any portion of the fixed fee earned by not previously paid in the progress payments will be cover in the final payment, subject to the provisions of
Section IX, Termination of Agreement.
5. 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 as maximum amount payable, which includes the Fixed Fee, unless a supplemental agreement has been negotiated
and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable.
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than
once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress
reports required under Section III, General Requirements, of the AGREEMENT The invoices will be supported by itemized listing and support document
for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee.
C. Final Payment
Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the
completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are
required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims of any
nature 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 that the AGENCY may have against the CONSULTANT or to
any remedies the AGENCY may pursue with respect to such claims.
D. Inspection of Cost Records
The CONSULTANT and his subconsultants shall keep available for inspection by representatives of the AGENCY and/or TIB, for a period of three years
after final payment, the cost records and accounts pertaining to this AGREEMENT. If any litigation, claim, or audit arising out of, in connection with, or
related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim,
or audit involving the records is completed.
TIB Form 190-016
Revised Oct 2001 Page 9 of 15
Transportation Improvement Board (TIB)
Consultant Agreement
EXHIBIT D-1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost per Unit of Work)
Prepared by
Jeffrey T Louman, PE, President
Date
January 30, 2006
Project
City of Yakima — West Nob Hill Boulevard, 52nd Avenue to 80ni Avenue, TIB No. 8-4-039 (021)-1
Direct Salary Cost (DSC)
Classification
Man Hours Rate
Cost
Principal Engineer
8
x
34.00
=
272.00
Principal Land Surveyor
30
x
32.50
=
975.00
CAD Technician
50
x
22.80
=
1,140.00
Survey Technician
100
x
22.20
=
2,220.00
Word Processing Technician
4
x
17.30
=
69.20
x
=
TOTAL DSC
$4,676.20
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 150.77 % x $ 4,676.20
$7,050.31
FIXED FEE (FF)
FF Rate x DSC or 35 % x $ 4,676.20
$1,636.67
REIMBURSABLES
Vehicle Mileage 60 mi @ 0.32 =19.20
Reproduction Expenses 100.00
GPS Rental 450.00 Itemized
$569.20
SUBCONSULTANT COST (See Exhibit G)
$36,289.00
GRAND TOTAL
$50,221.38
TIB Form 190-016
Revised Oct 2001
Page 10 of 15
Transportation Improvement Board (TIB)
°.f' Consultant Agreement
EXHIBIT E
BREAKDOWN OF OVERHEAD COST
Huibregtse, Louman Associates, Inc.
Salary Overhead
Indirect Labor 64.28%
FICA 11.54%
Other Payroll Taxes 3.27%
Insurance 5.76%
Subtotal Salary Overhead 84.85%
General Overhead
Other Misc. Taxes 7.64%
Insurance 7.04%
Expenses 8.98%
Equipment Maintenance 2.03%
Office Supplies 7.20%
Field Supplies 1.48%
Vehicle Maintenance 1.25%
Vehicle Fuel 2.47%
Office Rent 5.86%
Telephone 3.08%
Utilities 2.00%
Outside Hire 2.68%
Dues & Professional Fees 1.59%
Publications & Documents 0.70%
Legal Fees 0.11%
Accounting Fees 0.55%
Miscellaneous 3.12%
Depreciation 8.14%
Subtotal General Overhead 65.92%
Total Overhead 150.77%
TIB Form 190-016
Revised Oct 2001 Page 11 of 15
Transportation Improvement Board (TIB)
Consultant Agreement
EXHIBIT F-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 and 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.
TIB Form 190-016
Revised Oct 2001 Page 12 of 15
Transportation Improvement Board (TIB)
'WI Consultant Agreement
EXHIBIT G-1
Subcontracted Work
WIDENER & ASSOCIATES - SUBCONSULTANT
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Project Understanding
The project consists of widening and reconstructing Nob Hill Boulevard from 52nd Avenue to South 80th Avenue. Total length of the
project is 2.6 miles. The completed section will include four lanes of through traffic with a continuous center turn lane from 52nd
Avenue to 72nd Avenue, with two through lanes and continuous center left turn lane from 72nd Avenue to 80th Avenue. The project will
be documented in accordance with WSDOT and TIB standards.
Tasks
1. Collect the available documentation concerning the project activities, existing data, and other pertinent scientific information.
Review the information and develop a project checklist for use in coordination with the lead state and federal agencies.
2. Make telephone contacts with the appropriate resource agency staff for potential impacts.
3. Assist the city in conducting public involvement for the project which includes preparing the public notices, comment forms,
attending a public meeting, and prepare responses to any public comments.
4. Collect the appropriate data and complete the necessary analyses for developing and obtain approval of the air analysis.
5. Collect the appropriate data and complete the necessary analyses for developing and obtain approval of the noise analysis.
6. Complete environmental resource studies for Wetland, Cultural Resources, Wildlife, and Social Impacts.
7 Prepare a JARPA/NPDES permit if necessary
8. Complete the SEPA documentation for the project
Project Deliverables
1. SEPA Checklist
2. Cultural Resource Report
3. Environmental Resource Studies
Tag Form 190-016
Revised Oct 2001 Page 13 of 15
Transportation Improvement Board (TIB)
,(0 Consultant Agreement
EXHIBIT G-2
Subconsultant Fee Determination Summary Sheet
WIDENER & ASSOCIATES - SUBCONSULTANT
Prepared by
Ross L Widener, Vice President
Date January 27, 2006
Project
City of Yakima — West Nob Hill Boulevard, 52nd Avenue to 80th Avenue
Direct Salary Cost (DSC)
Classification
Man Hours Rate
Cost
Project Manager
115
X
49
=
$5,635
Senior Project Planner/Biologist
68
X
31
=
$2,108
Project Planner/Biologist
190
X
19
=
$3,610
X
=
X
=
X
=
X
=
X
=
X
=
TOTAL DSC
$11,353
OVERHEAD (OH Cost including Salary Additives)
OH Rate
x DSC or 150 % x $11,353
$17,030
FIXED FEE (FF)
FF Rate
x DSC or 30 % x $11,353
$3,406
REIMBURSABLES
Itemized
$4,500
GRAND TOTAL
$36,289
TIB Form 190-016
Revised Oct 2001
Page 14 of 15
Transportation Improvement Board (TIB)
V Consultant Agreement
EXHIBIT G-3
Breakdown of Subconsultant's Overhead Cost
Prelim
Widener & Associates
BREAKDOWN OF OVERHEAD COST
Direct Labor
FRINGE BENEFITS
2004
07/14/05
$211,772
% of Direct Labor
Holiday pay
$5,760
2.72%
Vacation
$11,520
5.44%
Sick Pay
$0
0.00%
Payroll Taxes
$4,829
2.28%
Insurance - Health
$6,711
3.17%
Pension plan
$17,500
8.26%
Profit sharing plan
$1,750
0.83%
Total Fringe Benefits
$48,069
22.70%
GENERATED OVERHEAD
Indirect salaries
$67,986
32%
Payroll Taxes
$34,989
17%
Insurance - Professional liability
$6,156
3%
Insurance — other
$6,920
3%
Computer expense
$86
0%
Direct Cost Reimbursements
-$33,890
-16%
Travel expense
$18,987
9%
Employee Per Diem
$1,000
0%
Relocation expense
$0
0%
Office Supplies
$4,320
2%
Office rent and utilities
$6,900
3%
Field Supplies
$459
0%
Professional Services
$29,462
14%
General office expenses
$6,130
3%
Telephone
$11,425
5%
Vehicle Repair & Maintenance
$15,080
7%
Taxes - State Business & Occupation
$12,748
6%
Depreciation
$75,072
35%
Cost of Money
$6,361
3%
Total Generated Overhead
$270,193
95%
Total Overhead (Fringe + Generated)
$318,262
95.48%
Overhead Rate (Total Overhead/Direct Labor)
150%
TIB Form 190-016
Revised Oct 2001
Page 15 of 15
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of February 7, 2006
ITEM TITLE: Approve Consultant Contract for Nob Hill Property Survey and
Environmental Checklist with Huibregtse, Louman & Associates
(HLA).
SUBMITTED BY: Department. of Community and Economic Development -
Engineering Division
William R. Cook, CED Department Director, 575-6227
OA
CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
The City has need to initiate work to survey and prepare base maps for the widening and
reconstruction of Nob Hill Boulevard from 5211d Avenue to 80th Avenue. An
environmental checklist also needs to be prepared and any permits to start construction
will need to be acquired. This survey work is needed for deeds for property along Nob
Hill Boulevard to complete improvement to the road. HLA is a professional engineering
consultant that the City has used in the past. This work is needed to acquire the needed
road right-of-way and to complete the roadway design. The cost for this work is
$50,221.38, which includes all costs associated with the work. The time to complete this
work will be approximately sixty to ninety days.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Arterial Street - Fund 142
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve Resolution and Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION RO-2006-09