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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