HomeMy WebLinkAbout06/21/2011 16 Hines Addition Sreets and Utilities Engineering Agreement with Huibregtse Louman Associates, Inc 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S
For Meeting of June 21, 2011
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute a
Professional Services Agreement with Huibregtse Louman Associates, Inc., in an
amount not to exceed $58,000, for engineering services required to develop the
Hines Addition Streets and Utilities. This resolution will also authorize the City
Manager to execute other contracts and agreements required for this project.
SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer — 576 -6678
SUMMARY EXPLANATION:
The City's Office of Neighborhood Development Services desires to use CDBG funds to
construct a small development of low- income housing on land that has come into possession of
the City north of 'S' Street in the vicinity of 3rd Street. In order to provide access to these lots, 3rd
Street will need to be extended to the north and a new east/west street, 'T' Street, will need to
be constructed west of 4 Street.
S Following the federal consultant selection procedure utilizing the Municipal Research and
Services Center's (MRSC) roster of consulting firms, we interviewed four civil engineering firms
on MRSC roster. Huibregtse Louman Associates, Inc. (HLA) scored the highest on the
interview. Staff recommends that the engineering consulting firm of HLA be retained for
engineering services required for the development of the Hines Addition Streets and Utilities.
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Resolution XX Ordinance Contract XX Other (Specify)
Funding, Source: CDBG, Fund 124
APPROVED FOR SUBMITTAL: ��ZE�
tty Manager
STAFF RECOMMENDATION: Staff respectfully requests that Council adopt the resolution
authorizing the execution of the Professional Services
Agreement with Conley Engineering, Inc.
BOARD /COMMITTEE /COMMISSION RECOMMENDATION:
• COUNCIL ACTION:
RESOLUTION NO. 2011 -
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Huibregtse Louman Associates, Inc.,. in an amount not to
exceed $58,000, for engineering services required to develop the Hines
Addition Streets and Utilities. This resolution also authorizes the City
Manager to execute other contracts and agreements required for this
project.
WHEREAS, the City of Yakima's Office of Neighborhood Development Services (ONDS)
desires to construct a small, low- income housing development on land that has recently come
into the possession of the City; and,
WHEREAS, ONDS has received permission to use CDBG funds on such a project; and
WHEREAS, due to the short timeline required for this project, it is necessary to hire an
engineering consulting firm; and,
WHEREAS, the City utilizes the Municipal Research and Services Center (MRSC) of
Washington roster of consultants whose statements of qualifications represent that they have
the expertise necessary to perform the services required by the City; and,
WHEREAS, the City conducted phone interviews with four consulting firms on the
MRSC roster who are qualified to do this work, and HLA scored the highest; and,
• WHEREAS, the City Council deems it to be in the best interests of the City to contract
with Huibregtse Louman Associates, Inc. to perform the engineering services required for the
Hines Addition Streets and Utilities; and,
WHEREAS, other contracts or agreements could be required for the development of this
project; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with Huibregtse Louman Associates, Inc., in an amount not to exceed $58,000, for engineering
services required to develop the Hines Addition Streets and Utilities. The City Manager is also
authorized to execute other contracts and agreements, as required for the development of this
project. The form of said supplemental agreement shall be, reviewed and approved by the City
Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 21s day of June, 2011.
Micah D. Cawley, Mayor
ATTEST:
City Clerk
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e• Consul
Local Jog @11Cy.
Huibregtse; Louinan Associates, Inc.
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Standard Consultant 801 North 39th Avenue.
:Agreement _ • . Yakima, WA 98002
509- 966 =7000
C Architectural /Engineering Agreeinent
Personal. Services Agreement
Agreement Number .
1.1072E Project Title And Work Description
Federal Aid Number Hines Addition Streets and Utilities,-
Phase) and Phase 2. • '
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A rement.T e Choose one
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ill Lump $um De two-lane roadway, curb: and gutter, •
. sidewalks, storm drainage. 'street lighting; domestic
L urn
ump.S'Amount $ '58,000:00. wafer, .and sanitary sewer for ,the'.Hiries. Addition.
0 Cost :Plus Fixed 'Fee
Overhead, Progress Payment:Rate
Overhead Cost Metfiod DBE Participation
❑ Actual Cost . .0 Yes _ ►Z1 -.°4 •
Federal ID .Number or Social Security Number
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Actual Cost Not To Exceed .. %
0 Fixed Overhead. Rate: • � , % D requ ire a ,1099 for IRS? Completion. Date
40 Fined Fee: $ 0 Yes, ;0'No December 3 °1
❑Specific Rates Of Pay .
Total AmountAuth;orized $ • 5000.00
El Negotiated Hou;rly.Rate ;
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. Management Reserve Fund -$ •
0 Provisional Hourly Rate .
0 of Work: Maximum Amourit Payable-$ 5 8,000.00
Index. :of Exhibits (Check al tha( apply),; .
el Exhibit . A= 1.Scope of Work 0 Exhibit G -2. Fee-Sub Specific Rates
0, Exhibit A -2 Task Order- Agreement 0 Exhibit G -3 Sub Overhead Cost
❑Exhibit B -1. DBE Utilization Certification • ® Exhibit H Title VI Assurances
0 Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement.
❑ Exhibit .D -Lump Sum C Exhibit r Alleged Consultant Design Error Procedures ,
El 'Exhibit:D -2 Payment- Cost Plus ® Exhibit :Consulta Claim Procedures. •
0 Exhibit .D -3: Payment - Hourly Rate 0 Exhibit'L.Liability Insurance Tnerease • •
CI Exhibit , D-4 Payment - Provisional N.. Exhibit M- la Consultant Certification
0 Exhibit E -.1 Fee : Lump/Fixed/Unit. Exhibit M lb Agency Official Certification
0 Exhibit E -2' Fee.- Specific Rates 0' Exhibit; -2 Certification = Primary
0 Exhibit F Overhead :Cost M. Exhibit M -3 Lobbying Certification
0 Exhibit G.Subcontracted Work 0 Exhibit M -4 Pricing Data Certification
. O 'Exhibit G -1 SubconsultanfFee • 0 App: 31, ;910.Supplemental Signature Page
THIS AGREEMENT, made and entered into this • day of .
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between:the Local Agency of City of Yakima , Washirigton;;hereinafter called the "AGENCY ".,
and 'above organisation hereinafter called the "CONSULTANT ":
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DOT Form 140- 089.EF Pa e "I of 8
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- • Revised 3 /2008 • .. 9 .
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W1TNESSETH THAT:
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vitgFAs,, the AGENCY desires to a ecoMplish above. referenced .prOject, and . .
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. . 'WHEREAS, the :AGENCY does not have sufficient staff to Meet the required commitment andtherefere deems .it. • •
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advisable and desiable•to engage the assistance of a=CONSULTANT to provide the neeessary services for PROJECT,
and
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wooEks,.oe CONSULTANT telj.reS'OtS in cOmpliande,With.the.Washington State Statutes 'relating to
professionalegiwation if applicable, and has signified &willingness to furnish Consulting services to the AGENCY,..
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NOW THEREFORE in consideration of the'terms, conditiOns, covenants and perforthante contained herein, or attached
• and.:ineorpOrated and madekpart hereof, the hereto agree•as‘f011oWs: .
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. . I General Of.Wcirki. . . . • . .
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The Onder On sist Ofthe'.abbvedesclibed work and as herein defined and ."
heceksaryto.aeCompliSh completed work.foi-thispROJEcT: The CONSULTANT. shall -furnish all 'serViCeS,. labor and
related equipirient.neeeSsarS/ and complete the work is designatecjelSeWherein.this AGREEMENT. . • • . .
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• II Scope .0-1/VOIc
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The Scope of leVel!ofeffint required for this PROJECT detailed in Exh ..i1+."‘pttached hit:t.(j. and
bythisreference made :a partof this AGREEMENT.
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• III General kequitements . .. .- • .. . .. • .
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All aspects .of COordination,qtiie. work ofthis AGREEMENT with outside agencies, groups, or:individuals-shall receive . .
advance approval by the - AGEpy..N . 0004ky cOntaCts groups ; and/or individuals shall be,
cdordinatedtlitougk•the.AGENCy. Th&;c0ISULTANTshall:.atiend,coordination,,progreSs.and presentation Meetings.
with the AGENCY and/or such Federal, •State, Community, City or County officials grotips..or individuals Ei&n:141
requested by the AGENCy. The AGENCY will provide the CONSULTANTsuffitie,nt notice prior to *meeting S'requiring. III
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CONSULTANT participation The minimuntreqUired days notice shall'he:agreed to'between AGENCY and
the CONSULTANT and:sheWn in Exhibit-"A;" '
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The CONSULTANT shall prepare a monthly progress report•,..ipa.fonn approved by the AGENCY, which will outline in
written and graphical fOrm the order otperformance of the work insufficient detail so . that the . ......
progress..of the work can..easily'be evaluated: . ..
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The CONS 0-TAN T;..0 and eac SUBCON5ULTANT,.shal I not discrithinate- on the basis of color brigin,.Or
,.ex in.fhe *fp:finance of this eontraet, The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable . .
requirements of 49 CFR Pali 26 in the award and administration'of0SDOT-asSistedcentracts, Failure by the
CONSULTA to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of. this AGREEMENT.
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Participation for Disadvantaged BusineSS if required; per 40 26; or -participation olMinority
Business Enterprises (MBE), and \Yemen, Business Enterprises (WBE), shall be shown on ofthis
• - AGREEMENT. IfD/M/WBE firms are utilized, the amounts authorized to each firm and their certifitation.number will- t.
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shown on Exhibit '`B" attached•liereto.and by this reference made a part:ofthis:AGREEMENT..).f.the
CONSOLTANTis,a DBE firm they must comply with the Corninereial Useful Function (CUF) regulation outlined in the
AGENCY'SmDBE, pro The mandatory participation goals of the AGREEMENT are those
established by the WSDOT'S •Highway and Local Prograths Project DevelopmeritEngineer in consultation with the • . .
AGENCY.
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All Reports, PS&E.materials, and-other data•furnishedto the CONSULTANT by the:AGENCY shall be returned. All
electronic .file, prepared by the CONSULTANT, must Meet the reqUirernents,as.ontlined :in Exhitiii,"C." •
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All designs, drawings, SpeCificatiOns, .doennients,, and other work . products all electronic files, prepared by the
CONSULTANT priori() .completion,or termination ofthis AGREEMENT areinstruments.of service for this pgaTEcT,, - • -
and are the -property of:the .AGENCY. Reuse' by the AGENCY or by others, acting through 01 on behalf Of the AGENCY
. - of any such instruments ofserviee, not tiecurring a part of this PROJECT, shall WithOntliability-or legal exposure to • ' ' - : . -
• • the CONSULTANT.
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• • . IV'Time•for Beginning and CoinpletiOn • .
The CONSULTAN T 0)411 not begin any work under the terin. s of this:AGREEMENT until authorized'in writing .by the • • . •
AGENCY. . • • • . .
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• All work:Oder thiS,AGREEIVIENT Shall beeornpleted by the icl4t6 heading,of this AGREEMENT under
• cotnpletibri date. •
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The established CoMpletion time Shall not be extended because of any attributable tothe:CONSULTANT, but
.rnaybeffitended f?yttie the event - Of a•delay atiributable•to AGENCY or because of unavoidable
delays ' caused by an aet..of GOO or governmental actions or other conditions :beyond the control of the , •
• CONSLETANT. A priarsupplernental•agreetnent issue&by the.A.Q.ENcY is tee4fredto•extencthe eStabliShed .
completion nine.'" . ' • . •
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V Paytliefit.PtorilsiOn: . . . . ..
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• The AGENCY .fbi' completed work andSerVices'rendefectunder this
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AGREEMENT 4$•..previded - '*Exhitoit . "p""attkehed 'heretO., and by reference:iro.de this AGREEMENT Such
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paYMent shall be fuli'eopipenSation for work Performed oriericeS and for all labor SupplieS'i
eqUiprrient,,anci: inCidefitalS:neCessarylo conipleteithe.Work.: The CON spi.,1701' shall conform to all applicable
portions'of.48:-CPR Fart .k. • • .
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• A: post may,be.PerfOrMed on. thiS AGgkE' mENT.. The need for a.'postaudit will by the State
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Ailditori'WSDOT External Audit-Offi6e and/or atth'e'requeSt•of th e AOENCY'S:PRO:TOT Manager, . .
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VI **41i,C piing . • . . . .
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The AGENCY POrlilitg'ilb thaSe,:iterns•ofwork•as.shoiyn, ih Exhibit :,‘ ' G' attached hereto and by this
"refereneemadepart of this AGREEMENT
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Conipensition'for this Work shall be based on:the:cast factors shown. on Exhibit."a'
The work 'ofthe.Sub-cansultant shall not exceed its maximum amount payable unless a prior writtert.oppov4i has been . .
• isSued:bythe.AGENC.V.
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All reimbursabledirectlabor- overhead direct nan. coSts:.and fixed fee'coSts' for the sub-consultant shall.be .
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substantiated in the seine manner as outlined in •Section V:„All.sUb-Contracts shall contain all applicable provisians, of
this .AGREEMENT. •
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With respect to•Sub,-(anstiltant;payment-, the- cONstiLtANT shall comply with all'appliCable.,Seettobs a
Payment laws set earth 'itkacW 30;04.50.e.hd RCW:39,:1, • ' • .
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The 'CONSULTANT shall hot:Sub-contract•Tor the'perfonnance, of any-Work.under this .AGREEMEN:P`without prior
writteniperMissiort-of the. AGF No .perinission for subcontracting shall create,•betWeen'theAGENCY-hd - sub-
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• contractor,: any contract Or any other A DBE ceriiiiedsilb-conSultant is required .to: perform "a..':ininlinurri:
arnaunt,of their sub contracted agreement that is establiShed by the ' WS DOT H igh and Lace] Riogi. Project
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Development Engineer in- canstiltatiOnwith, the:AG ENCY. • • • , , — •
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• 'VII Eitployrinent - • • • • • • • '
The they have not employed or retained any company or person other then'a'bone'fid
.etnplOyee'working..selely:farthe.CONSULTANT to solicit .orsecute this contract ; and that it has not paid of agreed to
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pay any Carnpany'br'PerSbn, other than .a bona fide employee .working solely for the CONSULTANT,,any fee,. • .
, :cbminissiOri, percentage, brokei"age fee, gift, or any other considerasipn contingent upon or reSulting.frain or . .
making of this contract, For breach or vialation'of this the AGENCY shall have the right to annul this:
AGREEMENT Withatit liability or, in 'its..discretian, to deduct from the AGREEMENT price or consideration or
otherwise recover thelidl.ainantit of such corritnissibn, r p e fc e n t a g e brokerage fee, gift, or contingent fee:.
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0 Any and all erriplayeeS:of the :. CONSULTANT or other persons •wh ile engaged in the performance' o.f anyWork or •
sendees required of the CONSULTANT under this AGREEMENT shall be considered of the . •
CONSULTANT' only and not of the AGENCY,,,and any and ali eiojils:.tfi?t. may arise under any Workmen'S - • • , .
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Compenatj9n: Act 'on'behalf of said employeesOr other persons While sb engaged, and aiiy and all claims,thade.by a • • • . .
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third:party as a cOnseqUente: of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any ofthe work or..SerVices provided to be rendered herein', shall be the sole obligation and
resporisibility'Of theCONSULTANT. •
. The'CONSULTANTshall on a full- or,part-timebasis, or other basisi.,during:the period.ofthe:contractany'
professionaler technical Personnel Who are been at any tittle during the period of the:contract,. in the employ • .
ofthe United of Transportation or the STATE 011ie AGENCY, except regularly retired. •
employees, without Written consent of the public employer of stieh•riersori.
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VIII Noneliscririlination
During,the perfertriariceof thiSicontradti.the CONSULTANT, for itSelf, its assignees, and suCcessorS:ln interest - agrees
to cornply With.theifollowink laws and regulations: • .
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Title VI ofthe Civil Rights Act of 1964 . .
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(42 USC ch y.SectiO02000d thrthigh20000-40 • . . . .
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Federal aid Highway Act of 1973 ..
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Rehabilitation Act of1913.
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(29U,SC ChOter I 6:Subehapter V Section 794) • .
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• (42 USC Chapter 76 -Section .6101 et seq.) •
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' Civil Right,Sltesthration Act of 1987
(Ptiblic l4W
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Arrietican With Disabilities Act of 1.950 • .
(42 USC Chapter L26 Section. 12101 et. seq.) •
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49 CPR Part 21
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23 CFR Part 200
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RC.VV 49.60.180
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In relation to Title Yi . of the Civil Rights Actof.1964, the:CONSULTANTLS bound by the provisions of .8hibit "H7
•rattached hereto and by this tefereneemade part of this AGREEMENTand.shall• include the attached Exhibit "Fr in
every subLcOntractincluding procurernent of materials.•and leases-of:equipment, unless exempt by the Regulations or
directives issued pursuant thereto:. •
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D(Terminatibn Of . .
The right IS reserved by the AGENCY to terminate this AGREEMENT at any time upon ten.(10) days written notice to
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. the CONS.ULTANT.
ln:the thiS,AGREEM ENT iS 'terMated by the AGENCY (Abet kir default-on•the part of the
CONSULTANT, a'final payment shall be made .t6 the CONSULTANT as shown in' Exhibit "1" for the type of
AGREEMENT used..
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- . No payment shall be made for any work CoMpleted after ten (10) days following receipt by the CONSULTANT of the
Nbtite to T•ereninate..lf the aectunulated.payirterit made to the CONSULTANT prior to Notice ofTerrninatien exceeds •
the total airtolint due when comptitecfas:set forth herein.above, no final payrnent:sliall be due and the
CONSULTANT shall immediately reimbursethe•AGENCY for•any excess paid.
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Iftheservices ofthe CONSULTANT are by the AGENCY for•default.onthe.part of the:CONSULTANT,
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theabbyelorrintla for•payinent shall not apply. . • . . • . . '
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In .: Stich an event; the amount to:be paid.shalt-be determined by the AGENCY with consideration given to the actual
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; ceSts. ineurred by the CONSULTANT .in- performing:the work to. the- date of tenninatior, the-41116MA Of Work originally . •
required -Which was satiSfaCtorily„Completed to , date often Whether that. work' is ina form .of a type which is. •
• • usable, to the AGENCY at the time of terinitiation,-the cost to the AGENCY of ernploing another firm to complete the
work requirecl'and the dine Whickmay be required to'do so,. and„Other factors which affect the value to - the AGENCY
of the wOrk.perfOrnied atrthe, time Of termination. '
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Under no eircurristances shall:payment made under this subsection exceed the arnPuntwhich' would have been made
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using the formula setforthabove.
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If it is determined for any reason that the CONSULTANT was not in defauler that the:CONSULTANT'S failure to
• ' perform is without the',CONSULTANT'S' or it default or negligence, the termination shall:be deemed. to -
• • be a terinination for the convehienee,Of the AGENCY: In such an event the CONSULTANT would be reimbursed. for
- ' aatual.costs in aecerdance with the termination 'fOrPther than default: clausekliSted'previonsly.
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In the the,death of driyhientber,partner or officer of the CONSULTANT Or'anY ofitSjsUpervisory personnel .
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assigned to the PROJECT or dissolution *0Tthe , partnership; termination of the:corporation, or disaffiliation - Of the- • • '
principally involved employee,' the surviving members ofthe•CONSULTANthereby agree to complete ,the , .Work under
the terns of this AGREEMENT,.ifrOuested to do so bythe This • subsection shall not be a.barte-
renegotiation of the AGREEMENT between the surviving•mernbers•of'the:CON8ULtA the AGENCY, ifoo. •
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In the event Of the .death•of any the .parties .listed in the Previous paragraph, should the siirViving the
CONSULTANT,'*iilr the AGENCY 'S.Concurrence,:desiie to -terminate this AGREEMENT, payment :041i' 1?0, made as .
• 'set forth initheaecOnd•parigraph of this section. .
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. Part for any part of the wOrk'bythe, AGENCY' Shall not constitute a waiver by the AGENCY ofany remedies. of .
anytype it may'have against the CONSULTANT forany breach.'ciftliis AGREEMENT by. the CON SOLT-ANT, pr for .
0 failure .of the'CONSULTANTte.perforiti wdrk required of it by the AGENCY. Forbearance of any.rights under the
AGREEMENT will not ConStittiteWaiver-of entitlement to exercise those rights . with respect to any future act or
ornissiert by the CONSULTANT,
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X.Change.S of Work
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The'CONSULTANT shall make such changes and revisions in the complete work.of this AGREEMENT as
to correct errors appearing thereih, when reqtrired to do, so b the AGENCY', without additional compensation thereof
Should the AGENCY find it deSirable for its own purposes to have 'Previously satisfactorily completed work or
thereof changed or revised, the 'CONSULTANT shall such revisions as directed by the AGENCY. This work '
shall be considered as Extra andVill be paid for as herein proVidod Section XIV.
XI Disputes . . .
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Any dispute concerning questions 'of faCt in connection with the work not diSposed.of by AGREEMENT
CONSULTANT andthe,AGENCY shall be referred for deterininatibri to the Director of Public Works or AGENCY
Engineer, whose decision in the Matter shall be final and binding on thepartjekof this AGREEMENT;'provided,
however, that if ari action isibroUght challeriging,the,Director of Public. Works or AGENCY Engineer's decision, that.
decision shall be snhjecttode.novo judicial review.- If the-parties' to this AGREEMENT imitually:agree; disputes.
- • concerning allegeddesign errors will be conducted. under the procedures found in Exhibit, ".17, and disputes Concerning •
claims will be conducted under the :procedures founri.in Exhibit "K".
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xliyenfie, Applicable Law, and Personal Jurisdiction . ... .
In the event that either party deems itneceSsary to institute legal action or p_rOceeclingS to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any Such action shall be initiated in the Superior
• court ,of the:StAte of Washington, .situated in the county in which the AGENCY is located. The parties hereto agree that
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• all questions shallbe . resolved' by application Washington-law and that the :parties to such action ; shall have the right.
. • ofappeal - such decisions of the Superior curt in accordance with the laws of the .State of Washington. The , •
• CONSULTANT hereby consents to the, personal jurisdietion of the. Superior court of theState of WaShington, situated • • .
in the county in which the' AGENCY is located. .
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XIII Legal
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The CONSULTANT shall comply With all:Federal,. State, and local laws and ordinanceS applicable to the work to be
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State of Washington..
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The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees:tharrnIeSs.
.fiTim shall process and defend.atits.own all elaiins;.demands,..,orsuits at law or equity arising: in Whdle Or
in partifrom:the CONSULTANT'S breach of any of its.obligatiOns' under-this AGREEMENT; provided:
that nothing herein shall require a CONSULTANT4o. indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from.claims demands pr the. conduct of the. AGENCY or '
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the STATE,..theit agents,..officers and employees; and provided further that if the claims. orsuits:are ,caused by or result
• from.the negligence of (a) the .CONSULTANT'S agents Or eMployees, and (b) the AGENCY or the . .
STATE, their agentS, officers and employees, this indemnity provision with respect to (1) claims Or'suits13ased upon such negligence (2) the costs to the AGENCY or the.STATE:of defendingitch be valid and
• enforceable only to the eXtent ofthe negligence or theinegligence,:ofIlie, CONSULTANT'S agents. . . .
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The CONSULTANT' S. relation 1 0 the AGENCY shall be at alltinieS: as an iiidependent. contractor...
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The CONSULTANT 'shall Comply with all applicable: sections:.ofthe, applicable : Ethies.law$,-including .12.CW 42 21,. •
which is the Code Of Ethics for regulating contract by municipal offieers; The.CONSULTANT-speCifically
assuniesi 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 induStrialinsurande lay, "Tit1e51 R.CW.: . .
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.Unless othetWiSe inibe AGREEMENT, the AGENCY shall be•reSponsible ofconstruction
contraCtS', if any„ on the-PROXCT: Subject to the processing of a sole.scitirce; acceptable supplemental
agreement, the CONSULTANT shall:proVideOn-.Cali assistance to the AGENCY during contract adMinisttatiort: 13y.
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providing such assisfance, the no responsibility for proper construction techniques job
site safety or any ConstruCtion'cOntractor'$ to perform its work in aceordance with the contract documents.
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The CONSULTANT 'sb411 obtain and keep in force during the ternis of the AGREEMENT or as otherwise required, . .
the following insurance With ,companies or through sources approved by the State Insurance Commissioner pursuant to
Title•48 'RCW.
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Insurance.Coverage
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A. Worker's compensation and. employer's liabilityinsurance as required by the STATE.
13, CoriimereFal general liability and . property damage insurance in an aggregate amount not less than two million
. . d011arsi(52;600,000),•for bodily injury, including, death, and property datriage The per occurrence shall
notexceed one . milliokdallars ($1,000,000):
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C.' Vehicle liability insurance for any autdinobile'used in amount not lesS that:1.a one million dollar ($1,000,000)
Conibined•.single.limit.
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Excepting the Worker S Compensation Insurance and any Professional Liability Insurance Sectred,by'the
CONSULTANT, the AGENCY will be named on all policies as an additional insured.. The CONSULTANT shall •
furnish the :AGENCY with verification ofinsurance and endorSerfientsteqUired by the AGREEMENT The AGENCY . .
reserves the right to require coMplete,...eertifieci copies of all required insurance policies at any time.
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All insurance Shall be obtained from aninsurance company authorizedto du:business inithe-State of Washington. The
CONSULTANT shall submit a. verification ofinsurance as outlined above 'Within fourteen (14).days.of the- execution of
this AGREEMENT to the AGENCy, . .
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No cancellation of the foregoing policies shall be effective withOut thirty (30) days priornotice to the AGENCY.
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'The•CONSULTANt'S professional Habil ityto the AGENCY shall be limited to the.aniountpayable under this
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AGREEMENT orone million (51,000,004) dollars, whichever is the greater, unless modified by Exhibit "L". In no
case shall the. CONSULTANT'S professional liability to third parties limited in, anY way •
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The AGENCY' will payndprogresS payinents under Section V until the CONSULTANT has fully..cdrimlied with this
• section. This remedy-is notexclusiVe;. and the AGENCY and the STATE may take such other action as is available to it
• underother proVisiOns Of this 'AGREEMENT, or. btherWisein laW..•
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XIV Extra Work • . '
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A: The AGENCY May atanY by written order, make changes within the „general scope of the.AGREEMENT in.
the services to be perforrhed,. '•
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. B. If any such 'change: causes' anincrease or decrease inthe: 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 ofthe AGREEMENT, the.AOENC Y shall make an equitable adjustmentin ittaxiMum
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amount payable (2), delivery or completion 'schedule, or both; and (3). other affeeted triddiftlic•
AGREEMENT accordingly. . .
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C..The "request for equitable 'adjusthient" hereafter referrea,id'as "CLAIIvr, under
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- - this . clause.WithirithirtY (39) days from the..date.,Of receipt Of:the-Written 'order. •However ;' if the AGENCY decides • .
that the:faCtsjitstify it, the AGENCY May receive and act upon a CLAIK before finalliayineht Of the
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AGREEMENT. , • " . . .
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. D. Failure tOngreeld.anjt.adjuStment shall he 'a under the Disputes clause.: However, nothinginthis clause
• shall excuse - the : CONSULTANT from proceeding.With,tite AGREEMENT as'changed., . .
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E. Notwithstanding the and conditions of..paragraphS:(A).:and(B) above, the MaxiMurnathOunt.payable for this
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AGREEMENT; shall not be increased 'oreoriSidered:to•be increased e•xcept•by specifie*ritteri supplement - to this
. AGREEMENT.
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XV. Endosenienf of !Nene .
if aPplicable,the:CONSOLTANT shall place their endorsement oriall plans,' estirnateS,. or anYhther engineering data
furnished by Mein.'
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XVI Federal and State Review
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. . The Federal Highway Administration and the WashingtOn State .Department of Transportation shall have the right to ' . ... .
participate the review Or.eXarnination of the. work in progress;
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XVII. Certification of the 'Consultant and the Agency • _ .
Attached'hereiags Exhibit "M-1(a anclbr are the of the CONSULTANT and the AGENCY, Exhibit ''.`1N4
-2" Certification Regarding . Debarment Suspension and Other Responsibility Matters -.Primary Covered Transactions,, .
Exhibit"M-3"'Certification Regardingthe Restrictions of the lise/of.Federal. Funds for Lobbying and Exhibit-``M-4"• '
Certificate ottUrrent Cost-or Data. Exhibit "M-3",is•required only in AGREEMENTS over $106,000 04
Exhibit "M-4" isseqUired Onlyiti AGREEMENTS over $500,000. . . •
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XVIII 'Corriplete Agreetnerit
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This doctirrient and referenced attachinents' contain all 'covenants, stipulations, and provisions agreed upon by the
' • Parties ..No. agent; or repreSentatiVe either party has authority to make and the.partieS shall ' not be bound by or be
' liable for any staterhent; representation, promise or agreement not set forth herein No changes, amendments, or
• • .niodifications of the terms •hereof shall be valid unless reduced to Writingand signed by.:the parties as an amendment to
this AGREEMENT. • . . . -
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XIX ExecUtion.and Acceptance
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. . This AGREEMENT may be simultaneously executed in several counterparts, each ofWhich . shall be deemed' to be •an
original having identical legal effect. The: CONSULTANItloOhereby ratify and..adopt aliStatements, representations,
warranties, covenants, and,agreenients 'contained in Me•proposal,'and the suppOrtingniaterial.Submitted by the
. ' . • CONSULTANT, and dpeS:hereby accept the AGREEMENT and agrees to all of the•terms and•conditions thereof. • . .
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant Huibregtse, Louman Associates, Inc. Agency City of Yakima
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DOT Form 140 -089 EF
Revised 3/2008 Page 8 of 8
4110 Exhibit A.1
Scope of Work
Project 14o. 11072E,
Perform field inveStigations/survey- design anil prepareLplans_. 1- • - . • .
guncling_Agen4(g): provide and ,Tec set fnr reproduction_hy
question; prep .14 - • • - • • • - • . - " • - ' - timate; attend hid npe.ning4exiew and
: fainilate bids meat , award
SetipeLo.f..*thi_kdoes not include right-of:way_services enviroms - ■ g - ik • I. ), •
permitting - trnr,tinn
.S.cope_of isilie_sailieforPhasel_and Phase ?
110
Documents TO Be Furnished By The Consultant
kb-11liter] dartiments for-federally_funded preets;_preliminary.and final spenifidarionS for
revieiv by' City,ancl_Thincling_At - ! - ' - . - bid_opening tahulatiim
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DOT Form 140-089 EF Exhibit A-1
Revised 6/05
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'Exihibit:D2.
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Payment (Cost Plus a Fixed. Fee)
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The shall be paid by the AGENCY COMPleted work and services' underthis
AGREEMENT as provided hereinafter Such payment Shall' be 'flit! compensation for work performed or
serviceS, rendered and for all' labor, materials,,supplies, eqUipinetit, and incidentalS necessary to complete the •
work :specified in Section 11, "Scope of W.Ork." The CONSULTANT shall conform to all aipOricable.Portions of
48 CFR Part 3). •
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A.. Actual COSts:IPaYintrit for.all cohsulting services for this t!RlEcT shall:beon the..basis-athe '
(ON$1.futAl\IT'S:aetualo plus a fiked, fee. The actual shall include direct salary cost,
overhead„.. non-salary 'costs fixed fee. •
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I. Direct Salary Costs : The pireet is.,:the direCtsalarYpaid*principals,.
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professional, technical, and clerical personnel for the'timethey.are:PrOdUCtiVely . . •
engaged' inWOrkfiecessary-to: the 'tennis: of this AGREEMENT.ThP •
CONSULTANT shall support data to verif), the direct salary costs billed
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to the AGENCY.
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• ... Overhead Costs Overhead •(ostS those toSts than direct costs, which are
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included as suchron'thebooks• Of the CON$1iLtANT in th0;ner141.1everyday
keeping of itS:books.;ProgresS payments shall 0e,titatte.,4t the rate shown in•the: •
•
heading of this AGREEMENT bnidee'"Oyohead‘'Progress.Payment Rate' • Total •
overheaclpayriferit Sliall'be based on the method shown in the heading, of the..
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AGREEMENT..The.two opti.dossafe explained as follows
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a.. Fixed Rate: Ifthis niethod'isindicated in the : heading of the AGREEMENT the:
• AGENCY' agrees to reizilWrse .ttio,'0;*S,OLTANT for overhead at the
percentage' rate shown This rate shall not change during the life Of the
AGREEMENT.- •
b. , Actual Cost: If thiS method- iS indicated in the heading of the AGREEMENT the •
AGENCY agrees to reimburse The - CONSULTANT the actual overhead costs
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verified by audit, up to the.MaXiintim Total Amount Payable,.uthoriZed'under
. . thiS:AGELNENT,'when auiiittiated with all other Actual Costs. • . .
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A sunnnaryof the':CON801,10tS cost estintate,and the oVerliead
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computation is shown in Ekhibit `T7' attached hereto and by this reference made
: . partof this AGREEMENT: When.an ActUal.COst inethocliS used, the ' •
CON SULTANT (prittearidall subrconsu ltants) Will submit to the AGENCY
Within six (6) 'Ineriths after the end of each finu's fiscal year an overhead
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. . W10cpie in the .fonnat required by the AGENCY (cost category,.dollar
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expenditures, etc) for the:purpoSe adjusting theovediead rate for billing
• purposes. It Shall be used for the Computation of progreSs payments during the
following year and for retroactively adjusting the previous yeat'oVerhead cost
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DOT Form 140-089 Exhibit D-2 , • . .
Revised 6/08 . . .
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.. ., Failure to - supply . this information by .either the primp CONSULTANT or any of their sub.;
• consultant's shall cause the AGENCY to withhold 'payinent . of the billed overhead costs until
• such time' as the re tiired; infonnation is receiVed and an .overheadtate for billin g purposes ' -iS
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The AGENCY, StATE-atidtorthe:Federat:GOVerntrent may perform an audit of the
.. CONSULTANT'S books and records at any time during regular business hours to deterinine
the actUal.OVerhead rate, if they sO. desire: • • .
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3. Direct:Non-SalarY-COsts: Direct Non-Salary Costs will be reimbursed at the Actual to
the CONSULTANT. These charges may inelude, but are tO; the following ' •
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items ; travel, Printing, . long distance telephone, supplies, computer charges and stib-
consultantcostS: .. .
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. . ..:a., Air:6 travel wiltbe:r.ciinbc1:.onlytO.,cOnomy class levels unless
• otheriviSeapproVedbY the AGENCY The CONS:til,,t0IT.Stiall‘coMply With. • .- ' , .
the rules and regulations regarding travacosts (excluding'air,train,-arid . .
CarceSts) in aCcordarieeiv ith.the.AGENCY'S'Travel; Rules and PrOcedotes:.
4Oviever air, to.in,.:and rental oar costs Shall-be-reimbursed inaCCOrdanceWith
48:Ctk Part .3 - "TraVel•CbSt . •
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b. The billing for Direct Nen-Salary.COSts itemized listingDf
the charges : directly; identifiable wh the PROJECT, • ; .
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4111) . c. The.CONSOLFANTshall maintain the supporting doeinnents in • .
offiee Copies Of the original supporting doeuments,shall be supplied to the. •
AGENCY Upon requeSt. • .
d., All above-Charges'inustbe. necessary for the services provided under this
AGREEMENT.
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4.- Fixed Fee: The Fixed fee which..teptesents the.COT:ISULTANT'Sprofit,JS.shOwn in the
heading :of this AGREEMENT under Fixed Fee..This,amourit does not inelude any
additional Fixed Fee Which could.be.authoriied from theManageinetit Reserve Fund This .. . •
fee is based on the Scope of Work defined in this AGREEMENT and person-
hours . required to perform the stated Scope 'of Work: In the.everit CONSULTANT
. '. enters into a - SupPlettientalAGREEMENI for additional work;.
AGREEMENT may include provisions for the added CoSts.and.an appropriate -additional
• ' fee The Fixed Fee Will be Prorated and paid monthly in proportion to the percentage of - work completed by the CONSULTANT and reported in the .Monthly Progress Reports
accompanying the billings: Any portion of the Fixed Fee earned but not previously paid in •
the - prOgress'payrnents will-be covered. in the-final payment, subject to the .prOviSiOnsi of
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Section IX entitled "Termination ofAgreement" . . . . .
5. Managenient Reserve Fund: The AGENCY desire to establish a Management Reserve
. Fundto provide the Agreement Administratorwith the flexibility-to authorize- additidnal ..
funds to the AGREEMENT for allowable unfOreseen costs, or reimbursing the • . .
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0 CONSULTANT foradditiOnal beyond thatalready defined in this AGREEMENT. ' • . .
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Such authorization(s)shall be in writing and shall not exceed . . .
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the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
• heading cif this AGREEMENT: The amount included for the Management Reserve •
, Fund is shown in the heading of this AGREEMENT. This fund'niay not be replenished. •
Any changes requiring additional.costs in excess Odle Management Reserve Fund
shall be made in accordance with Section XIV, "Extra Work: "6. Maxiinum Total .
. AmountPayable::The Maximum Total Amount Payable bythe AGENCY to -the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading ofthisAGREEMENT, The'Maximimi Total Ainount Payable is comprised of •
the. Total Amount "Authorized, and the Management Reserve Fund The Maximum
Total Amount Payable does not include payment Extra Work as stipulated in
Section XIV, "Extra Work." No minimum amount, payable is guaranteed "under this
AGREEMENT.
B Monthly Progress Payments: The CONSULTANT may submit billings.to the.AGENCY : for .
reiriibursement.of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the: work. Such billings shall be in a, format approved. by the AGENCY and
accompanied; by th.e. monthly progress reports required under Section III, "General.Requirernents"
. of this AGREEMENT: The billings will be supported by an itemized listing for' each item including
Direct Salary, Direct Non - Salary, and allowable Overhead. Costs to which willbe added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the - AGENCY may conduct employee intertiews: These interviews may consist of
recording the names, titles,_salary rates, and present duties of those eiployees performing work on-
the PROJECT at the time of the interview,
C. Final Payment:• •Final Payment of any balance due the. CONSULTANT of the: gross ainount earned
will.be niade promptly upon: its verification by the AGENCY after the of the:work
under this AGREEMENT, contingent upon receipt of all_ PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance ofsuch Final Payment by the CONSULTANT shall constitutea
release of all claims for payment, which the CONSULTANT may have against theAGENCY
unless,such claims 'are specifically reserved in writing.and transmitted to the AGENCYby the
. CONSULTANT prior : to its acceptance. Said Final -shall not however; be a bar to any
claims that,the AGENCY inayhave against the CONSULTANT or to any remedies the'AGENCY
may pursue with respect to such claims.
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The payment of any billing will not constitute agreement as to the appropriateness of any item and •
at the time of. final audit, all required' adjustments will be made and.refiected in a final payment. In
the event that.such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT
will refund such overpayment .to the AGENCY Within thirty (30) days of notice of the
overpayment. Such.refund.shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment: The CONSULTANT has
twenty (20) days after.receiptof the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings..
D: Inspection. ofCost Records: The CONSULTANT and their sub- consultants shall keep available for
inspection by representatives oldie AGENCY STATE and the United States,. fora •period of three
(3)years after receipt of final payment. the cost records and accounts pertaining to this
• AGREEMENT and all'iteins related to or bearing upon these records. with thefollowing exception:
if airy litigation, claim or audit arising out of, in connection with, or,re]ated to this contract is •
initiated before the expiration of the three (3) year period, the cost records and accounts shall be •
retained until such, litigation, claim, or audit involving the records is completed,.
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0 Exhibit E-1
consultant Fee Determination - Summary Sheet . -..
(Lump Sum, Cost PluS Fikecl,Fee, Cost Per Unit OfWork)
Project: HineS Actdition Streets and Utilities - Phase 1
.Direct Salary cost (DSG):
Classification Man Hours Rate = = Cost
Principal Engineer 70.0 X 43.50 $ 3,045.00
Professional Engineer 150:0 .X 35:70 5,355.00
Professional Surveyor 24.0 X 28:00 572 00
Surveyor j 60:0 X 28.00 1,680.00
cAp'1Whnici4n 150.0 X 19.20 2,88000
Word Processing Tech 24.0 X 20.30. 487.20
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X
Total , DSc 7 , $ 14,119.20
• Overhead (OH Cost -- including Salary Additives):
• OH Rate x-DSC of 118.9 °/ x $ 14,119.20 16,787.73
Fixed. Fee (FF):
FF kate x DC of 35 6 /0 . .x $ 14,119.20 4941.72
Reimbursables:
Itemized 400.00
Subconsultant Costs (See Exhibit G): (Ho
Grand Total 36,248,65
• Prepared by: Terry D. Alapeteril Date: Juite 14, 2011
DDT Foi 140-089 EF Exhibit E-1 ,
Revised 6/05
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Exhjlait.E-1
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Consultant Fee Deterrhinatioh Similthary. Sheet
{Lump Sum, CostilusiFiXed Fee, Cott Pet ofiNiarky
Project' Hines:Addition StreetS and:Utilities - Phase
Direct Salary Cost (DSC):
Classification Man Hours Red = = Cost
Principal Engineer • 40 , 43.50 $ 1,740.00
ProfeSsional"Engineet 90,0 X 35.7o 3,213 00
Professional Surveyor 16:0 X 28 00 44$.66
Surveyor. 40:0 X 28.60 1,1.20.o0
CAD.Technieian 90.0 X 19.20 1,728:00
Word:Processing Tedh 12.0 X 20:30 243.60
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Total DSC = $ 8
OVerhead (CH Cost including Salary Additives):
OH Rate x DSC of 118.9 %x$ 8,492.60 10
Fixed Fee (FF):
FF Rate x DS.0 of 35.00 • % x$ 8,492.60 2,972:41
Reirnburtables:
Itemized 300.00
•Subtohtuliant Costt (See Exhibit G):
Grand TOtal 21,862.71
Prepared By Terry D. Alapeteri Date: June 14,2011
DOT Form 140-089 EF Exhibit E-1
Revised 6/05
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• EXHIBIT F
Iluihregtse,.Louman Associates Inc.
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Overhead Schedule
For the Year Enditig,Decentber 31, 2011
Genetal Overhead
Other wages 2239%
Bonus 17.84%
Benefits 15.69%
Payroll taxes 10.93%
Rent 11.91%
Retirement plan contributions 9.44%
Business pies arid licenses
Insurance •6:27%
Auto expense • 1.98%
Office expense 2.61%
,Professional fees 196%
Depreciation. 2.97%
Repairs and maintenance
L89%
Field supplies
1.19%
Travel arid meetings 0:30%
Telephone • L21Y9
Utilities 0.72%
Miscellaneous 0.12%
Total Overhead Costs (OH Rate) 11&94%
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• Exhibit
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Title V! Assurances •
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During the perfOrinance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and Successors in
interest agrees:islf011Ows:
Compliance With Regulations: The CONSULTANT shall comply with the Regulations relative t6non-
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discrimination infederally assisted prograinSathe AGENCY, Title 49 Code ofFederal.:RegulatiOns, Part
21, as they May be amended frotp:tirne to tiMe:(hereinafter refetted to as tlit."REGULATIONS");.which
are herein.incorpOrated by. reference andlinade a partolthiS AGREEMENT.
2. Nort to the WOrk.'perfonned . during - the'.
. •AGREEMENT, shall not dikilthihate on.:the:grourids race;:colOr, pr•natiOnal.priginin the selection
and.:tetentioti subLconSultanincluding produreinent of materials and leases of equipment The
'CONSOLTANT'Shall not participate either directly or indirectly in the discrimination prohibited by
Section.:21-.5, of the REGOATIONS einployment..practiceS'When the AGREEMENT covers .a
program set forth:in Appendig of the REGO-AVON S. •
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. 3. Solicitations for Sub-consultants, InCluding'ProcUrement of Matetials'and.EqUipment: In all SOlieitatiOris .
either by.eornpetitive,bidding Or negotiations made by the CONSULTANT for'WOrkto , be'perfornied
under .a. sub contract including procurement of materials or leases of equipment, each potential sub-
.
Consultant Or suPplier shall be notified by the the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS. relative to non-discrimination On the of race,.color,
sex, or national origin.
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4. InfOrinatibh 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 maybe determined by AGENCY, STATE or
the Federal Highway Administrarion.(FHWA):•to be pertinent toaseertain compliAncewith
REGULATIONS, orders and instructiOns. Where any ini'orrnatien CONSULTANT is in the
•
exclusive OoSSessionofanother or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENC STATE or the FFIWA as approPfiate;',and shall set fortIf what effOrts it has
made to Obtain
5. Sanctions for Non cornpliarice In the event of the.CONSULTANT'S non-compliance with the.nOri-
discrirninatioj provisions ofthis AGREEMENT,. tlie.AGENCY shall impose such AGREEMENT
sanctions' as it, the STATE or,the'FHWA may determine to be appropriate, . including, but not limited to:
• Withholdingof paymentS to.the CONSULTANT underthe AGREEMENT, Until the
CONSULTANT complies, and/or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole Orin part
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DOT. Ferni 140-089 EF Exhibit
.. Revised 6/05.
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0 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (I ) through
(5) in every sub-conti-act, including procurement of materials and leaks of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CON8QLTANT'.shalf take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means ;of enforcing such provisions including sanctions for. non-compliance.
Provided, however, that in the &Vent. a CONSULTANT becomes involved in or is threatened with,
litigation with a sub consultant or Supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
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III
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Exhibit I.
Payment Upon Termination of Agreerrient
•
By the Agency Other Than. for
Fatilt.ofthe• Consultant
• (Refer to Agreement; Section IX)
Lump Sim Contract Contracts .
A final payment shall be made to the CONSULTANT which when added to any Payinents previously made shall
total the same percentage of the Lump Sum Amount as the work completed at,tlie time of termination is to the
,
total'werk'required the PROJFCT In addition.the CONSULTANT shall be paid for ariyauthoriiedlextra
work Completed.
Cost Pius Fhceti Fee
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A final payment shall be made to the CONSULTANT Which, whemaddedto any parnentS.preViouslYjnade, 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 additibn, the CONSULTANT be paid for any authorized extra
work cOmpleted.
•
Specific Rates of Pay Contracts
A final payment shall be Made to the CONSULTANT for attual, hours Charged at the time of termination of this
AGREEMENT plas direct rionSalary OoSts incurred atthe the of termination of this A6REEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made tO the CONSULTANT for actual units of work completed at the thne of
termination of this,AGREEMENL
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DOT Fofi, 140-089' EF Exhibit I
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Revised 6/05
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0 EXhibit J • • ..
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• . Alleged Consultant Design Error Procedures
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The purpose of this exhibit is to establish a'procedure to if a‘constiltant's alleged design error is of a
nattire*--that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost teceyerY,protedures those instances where it has suffered some material damage.
due to the.allegederror the consultant
• • -
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Step I — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
. • . . .
At the first indication of potential consultant.designertor(S) first step in the process is for the
•
Agency's project:managerlOsnotify the Director of Public Works. or Agency Engineer regarding the ' potential design eiT0r(s}. For federally Highways Local Programs:
Engineer'Slionld"be informed:EndirrOlved in these, prOdedureS. (Note : The Director of Public Works or
Agency Engineer staff per Otherthan'the project itianager,..whn has not been
as inthePrOject,..to,beresponsible:forthe remaining:steps:in, these procedures)
...
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Step .2—•Project Manager 0Ottiments DesignErrot(s). • '. '
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After discussion of the alleged designerrOt(S) , and with the
Director of Public : Works, or Agency Engineer's concurrence, the,prOject Manager obtains more detailed
docuinentationthan;is normally required on the prOjeat: decisions and '
• descriptions of.work reCords.of.labOr, materials and
• . . •
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Step — Contact the Consultant Regarding Alleged DesignErior(S) • . .
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. . if it is determined that there js need to proceed further, the next step in the process is for the project:
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Manager tocOntactiheconstiltantregarding the:alleged and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (itieluding sub-consultants)
deemed apprOpriateforihe alleged design error(s) issue.
• , ,
Step. 4— Afterript to ReSok?eAlleged•DeSign,Error with Consultant • :
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• After the.ineetitig(s) with the consultant have been completed regarding the consultant's alleged design.
error(s),, there are three po$iblescena - . , . •
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. .
. . .
, • It is determined via mutual agreement that there is not a consultant design error(s)., If
this is:the then the process will not.proceedbeyorid•this. point. •
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.. It is determined via Mutual agreement that a consultant design error(s) occurred. If thiS•
• ' is the caSe, then the DireCter of Public Works or Agenty,Engiiieer,..or their'
representhtives,.negotiated settlement with the consultant. The settlement would be
. . . paid to the ageticyor thearnOtint Would be reduced fibril the consultant's agreement
with the agency for services on the project in Which
the design error took plate. The agoinqis.o li&LP, through the Region •
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• DOT FOrm.140-089 EF Exhibit J .
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• - .. Revised 6/05
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Local Programs Engineer, a summary of the Settlement for review and to make
adjustments, if any as to how the settlement affects federal reimbursements. No
further action is required'.
• There_is nota-mutual agreementregarding'the alleged CatiSultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel; is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Prograrns
For federally funded projects all available information, including costs, should be forwarded
: through the Region Highways and Local Engineer to H&LP for their review and
Consultation With the FHWA. H&LP will meet with representatives of the agency and the
consultant to review the alleged design eti and attempt to find a resolution to the issue. If
necessary, H&LP will request assistance fro:Jill:the:Attorney General's Office for legal
interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursenient
• If Mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA,
will identify the amount of federal' participation in the agreed upon
resolution of the. issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement
• by arbitration or by litigation:
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• Exhibit ic
Consu ltant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(S) on a consultant agreement. The following
procedur"es:should only be utilized orf consultant claims greater than $1,000. If the consultant's claim(s) are a total
Of $1;000 or Jess it would.not'be cost effective to proceed through the outlined steps It is suggested that the
Director ofPublic Works,or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or cress:
This exhibit will outline the procedures to be followed by the and the agency= toconsider a potential
claim by the consultant, •
Step I = Consultant. Files a Claim with the'Agency Project:Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's :scope. of work, they may be entitled to a claim. The first step -.that must be completed is
the: requestfor consideration of, the claim to the : Agency's project manager:
The consultant's claim must outline the following:
• _Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that .directed the consultant toperforin the additional work;
• Timefranie of the additional work thatwas outside .ofthe project scope;
•
Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
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Explanation as -to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 = Review by Agency Personnel Regarding the Consultant's Claini for Additional Compensation
After the consultant has completed step .1, the next step, in the process is to. forward 'the request to the
Agency's project tanager. The project manager will review consultant's claim and met - with
the Director - of Public Works or Agency Engineer to determine if the Agency agrees with the: claim. If
the .FHWA is participating in the .project's funding, forward a copy of the consultant s claim and the
Agency 's recommendation for; federal participation in the claim to the WSDOT Highways and Local
. Programs through. the Region Local Programs Engineer. If the claim is not eligible for federal
participation; paymentwill.heed to be froth agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local .Programs (if applicable), and FHWA (if applicable) agree with the.consultant's claim, send a
request memo including backup documentation to the consultant to-either supplement the 'agreement,
. or create a new agreement for'the claim. After the request has been approved., the Agency shall write
• the supplement and /or new agreement and p ay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in heeded
regarding the claim procedures. .
DOT Form 140,089 EF Exhibit IC
Revised 6 /05
•
If the Agency does not agree with the consultant's clairri; proceed to step 3 of theprocedures.
Step 3 — PreParation:of Support Documentation Regarding,COnsultant's Claim(s)
If the Agency does not agree With the consultant's clairn,the project manager shall prepare a
Summary fOrthe Director, Of Public Work& orAgerity Engineer that included the following;
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Copy ofinformation supplied by the conSultanfregarding the claint
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Agency's summation of hours by classification for each firm that should be included in the
claim;:
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, .
• P. Any correspopdencethat directed the consultant to perform the.Oclitional-wqr1C;
• Agency's StimMaryofdirect labor dollars, overhead costs, profit and reimbursable 'Costs
associated with the additidnal work;
• • •
• Explanation regarding those areas in which the Agencydoes/does agree with the
consultant's claim(s);
•• Explanation to describe what has been instituted to preclude ftiture'consultant•Claitn(i);, and
•
Recommendations to resolve the claim
• Step 4 — Director of Ptiblic.Works'or Agency Engineer Reviews Consultant Claim and Agency
•
Docurriesitati:oh
The Director Pubic Works or Agency Engineer shall review and adininistratiVely approve or
disapprove the Clairn, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution Procediires). If project
involves , federal participation, obtain concurrence from W.SbOT Highways and Local Programs. •
and FHWA regarding firial'settlement'of the claim: If the claim is not eligible for federal ..
particination,,paYment Will-need to be from agencyfunds. •
Step 5 — tnforining Consultant of Decision Regarding The Claim
The Director of Public Works .or Agency Engineer shall notify (in writing) the.consultantot their
final decision regarding the consultant's claim(s) : Include the final dollar amount of the accepted
. olaim(s) and ratiOnale utilized for the decision.
Step 6 — Preparation. Of Supplenient•or New Agreement forthe ConSultant!s Claim(s)
.•
The agenc y 561l . write the supplement and/or new agreement and pay the consultant the amount of
- the claini:Inforin the Consultant the final payment for the agreement Is subject to audit.
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• • • . , • • "
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Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
•
I hereby certify that I am and duly authorized
representative of the firm of Huibregtse, Louman Associates, Inc. whose address is
and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the •
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; •
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
•
Date Signature
•
•
S
• DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M-1(b) .
`
•
Certification Of Agency Official
I hereby certify that .l am the AGENCY Official of the Local Agency of City of Yakima
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, ora.gree to employ :to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person; or; organization, any fee contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be av=ailable to the Washington State Department of
Transportation and the - Federal Highway Administration U.S. Department of Transportation, in
connection With this. AGREEMENT involving participation of Federal -aid highway funds, =and is'
subject to applicable State and Federal laws, both criminal: and civil.
----- --____ bate -
Signature
•
DOT form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
•
• A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
•
• B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
• entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
•
•
Consultant (Firm): Huibregtse, Louman Associates, Inc. •
(Date) (Signature) President or Authorized Official of Consultant
•
•
DOT Form 140 -089 EF Exhibit M -2 •
Revised 6/05
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been,paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
•
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): Huibregtse, Louman Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
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