HomeMy WebLinkAboutR-2011-100 Hines Addition Sreets and Utilities Engineering Agreement with Huibregtse Louman Associates, IncRESOLUTION NO. R-2011-100
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 21st day of June, 2011.
Micah Cawley, ayor
ATTEST:
Local Agency
- ,
Standard ConstAitant
AgreementV•akinia,
. r .
ConSultent/Adel(eSs/Teleplione.
'Huibregts,e;,Lotithan Associates,
801 '11Orth;39th Avenue
WA 9890-2
Inc
. . ,
$0-967QQQ,
ioirchitectuf-al/Engin6ering AdreOmeftti
Personal eiNtiOegr91',nprIt_
'Agreement Number
11 01,2E
Project Title AndOork Description
'Hines'Addition Streets and Utilities -
Pha*1 aticLPliger,2
D'esj.gti tW9-laiip'roadWay, curb gtglitter;
sidewalks drainage; streeflighting,,domestic
_ . - ..
water; ,arid, sanitary sewer for the Hines AdditiOh.
Federal Aid:Number ..
. .,
'Agreement Type (Choose orie)
0,Wria.PtSum
:lairrip-.Sym Amount58:0900:00 -
.
al Coit,Plus Fixd F.ee
Overhead Orogres, Payment:Rate
DBEParticipation'
- .
Overhead.,QOst-Method .
o•-i^1/4(ittial Cost
%
Yes 0 No
‘Federal 1bAarriber or Social Security Ntirriber
'
Actual COst Ncillto,FxOee0
• Fixed Overhead Rate
%
Di:iiicii..i.reodire .a 1099 for IfS?
Completion Date.
December 31 .2012
. , _ ,. .
Fixed'Fee. $ -
n'Yes 1 No -
. .-..„
Total Arriourit.Atithor1zerf$
Mahagement Resepe:Fund4
Arriount:PaYable $
58;000.,00
-SpecitiO,Ratet Or Pay
1 Nogotiated:Hoy-0.14ate-
0 -ProVi*mal Hourly Rate
,58,1101100
ill Cott Per Unit of WoekMaxirnull
_ .
Inciox of Exhibits (Check all that apply):
Exhibit A-1 'Scope of Work
D'Exhibit A-2 Task'Order Agreement
o EXhibit B 1 DEE,UtiliTstior Certificationt
0.ahibit C Electrortie Exchange ef Data
.1=1- ExhibitD- 1 Payment - Lump Sum
;Exhibit -DT2 Payment- Cost Plus
O E.Xliibit Payment- Hourly Rate
0 Exhibit -D-4 Payment Provisional
Exhibit E-1 Fee- Lurnp/Fixedithiit
O ExhibitE-2 Fee - SPeCifie; Rates.
C4, EXhibit.F.Overhead`Cost
Ej Exhibit.G'Subcontracted*Ork
0 ExhibitG-1 Stib,Consultant.Fee
n: Exhibit G-2 Fee-:Stib$pecific.Rates
EXhibit:Grj.Sulo_OVerliead Cost
Exhibit HiTitle:VI Assurances
'Exhibit LPayment L.JpOn Termination of -Agreement
Exhibit J Alleged Consultant-besign Error.ProCedures
Exhibit: K Consultantc Procedures.
r_tl.,ExhibitiLLiability,,Insurance.Inerease
Exhibit m -la ConsidtantCettification
Egi Exhibit M' ib Agency Official
Exhibit -M2 Certification - Primary
, W. Exhibit Iv1=-3LobbYing Certification
ExhibitM-4 PricingData Certification
o App: Supplemental.Signature-Page
IA1.1
-/C—
'MIS' AGkEETVIENT; riladea,nd enteted,inte this ze, day of
betWeen-lhe LOcal Agency of City 'ofYakima , WaShingion, hereinafter calleckhe"AGENCY' ,
and the above organizatiOn hereinafter called the "CONSULTANT"
DOT Form 140-089EF'
Revised 3/2008
Page 1 of 8
WITNESSETH THAT
WHEREAS, ; tl*.A'Qh:NCV. desireg. t� acconpi iSh the above ,refe renced project, and.
WI-JERE-AS; theAgENCY.does.not.have,stifficient staffto meeLthe'Tequired commitment and therefore deerns, kt
advisable and desirable to engage the assistance of a. CONSULTANT to provide. the:netesSaty.SerVices for the PROJECT,.
and
-W.11)FREAS theCQNSULTANT rePresents,tbat .he/she. is in eOrnPliance,With the WaShington. State Statutes,relatirig to
prOfessionaLregiStratioivif applicable; and.has:Signified:a willingness tofurnish Consulting seryites'to the AGENCY,
NOW THERE-EORE,. in -conideration.of the'terins, conditions covenants and performance contained herein Or attathed,
and-iiicorporatedranci macielaparfherebf, the parties--heretoagree, as follows:
I. General DOsOriOfiOn. of Work „ The work Under this AGREEMENT shall. consist ofthe'abOye.deScribed-Work.ah-d-rSerVices;as,herefP defined and
necessary to accoMplish-the.ComPleted work:for this pROJECT. The CONSULTANT shall furnish all serviCes, labor; and
related eqUiptitenfnecessary to conduct and cornplete the whik,as, designated elsewhere in this AGREEMENT
°Scppe,of Work
The.Scope,!ofWork and prOjectedlevel.Of'effort required for this PROECT is detailed in Exhibit A attached hereto rand
bythis,referetice made a part Of this.AGREEMENT.
111 Qefieta1Requirement
All aspects of coordfhaficin-.of the work ofthis AGREEMENT with outside agencies c groups;_britidividOS.'sliall receive
advance approval l by the AGENCY Necessary contacts and meetings with agencies, groups; and/or individuals shalTbe,
toptdinated..thronglitheAGENCY. The 'CONSULTANT shall attend progress and presentation' meetings
with the -AGENCY and/or stich,Federal,-State„,.COmmunity; City.Or'Counly-OfficialS, groups or inthviduals as.rnay,be
requested by the AGENCY The AGENCY will provide the CONSULTANT Suffitient-ntifite:pridi to meetings.reqUinhg
CONSOLTANT'particiPation..The Minimum,reOuired-hours,or,c10ys.00tjcc 064.ke.agreed,to-betWeeh the AGENCY and
the. CONSIJLTANtarlifShoWn Exhibitih "A."
The CONSULTANT Shall prepare a.triOrittilyprOgress:repOrt; in a .form approved by the AGENCY, which will outline in
Written and!graphical form, the various.phases and the order of performance of the work iiisufficienfdttail so that the
prhgress,of the work can eaSjIY'be evaluated
The CONSULTANT, and each SVBCONSULTANT, shall not dscrirninate on the basis color;,national.origin,,or;
sex in theTerformante,ofthis.contract. The CONSULTANT, and each SUBCONSULTANT„shall.carry out applicable
requireinents of 49 CFR Part 2.6.in'the award and,administration.'clUSOOT-assiSted.contratts, Failure.by the -
CONSULTANT to carry otit-thcse.reqUirenients is a material breach ofthis AGREEMENT that may result 4:the
termination of th is,AGREEM ENT
Participation for OisadyahtagectsBUSineSS Enterprises (DBE), if required, -per 49' CFR.Part 26,.or participatiOn of Minority
BuSitiess Enterprises (MBE), and Whiner! Business Enterprises (WBE), shall be showtronahe,headitig ofthis
AGREEMENT if D/M/WBE firms are utiltzed? the;arhountS authorized to each firth and their certificationntimber will be
shown on Exhibit "B" attached hereto and by this made a part of this AGREEMENT. lithe Prime
CONSULTANT is!:a OBE firm they.rnhSt comply With the CoMmertial Useful Function (CUF) regulation outlined in the
AGENCY'S 'OBE Program Participation Plari". The mandatory DBE participation goals ofthe AGREEMENT are those
established by the WSOOT'S,Highway and Local Programs Project Development Erigineer in consultation with the
AGENCY.
All Reports, liSSZEniaterials, and .other data furnisher -11p the CONSULTANTbythe.ACENCY shalt be returned: All'
,elettronicTiles, prepared by the CONSULTANT, must Meet -the .reriuirenients'as.ohtlified-in Exhibit C:"
All designs, drawings, specifications; documentS;.and.other work products, including:all electronic. files: prepared bythe
CONSULTANT prior to .cornpletion, or termination:of:this AGREEMENT are InstrumentS.Of-Seryiceibr this PROJECT,.
and' are the ,property,of the .AGENCY .Reuse by the.AdENCY-or'by Others, actirigthrough,hr.on behalf of the. AGENCY
of any such instruments of servite,.q6tocturting as a' part ofthis PROJECT, shall be; without liability or legal exposure to
theCONSULTANT.
Page 2 of
•
IX/Time, for' Beginning, aric1. coinOletion
The CONSULTANT -Shall not begin any 'work underihe 'terrris,of this AGREEMENT Until authorized in Writing by the
AGENCY.
AB work:under this AGREEMENT'shall be -completed by the date shOyvn in,* heading of this AGREEMENT under
completion date.
The :established cipietioniniesIia1 ridt,be extended because ofany-delays .httrihurable to tbe CONSULTANT, but.
May be extended by the AGENCY in the event:of a dela}, attributable to the AGENCY, or because ofunaysiidable
delays caused by an act of GOD or governmental actions or other conditions, be•yoild the control of the
CONS,ULTANT. A, priorsupplernentql agreement issued 0y the AGENCY is required tO extend the established
cOmpletion-time.
'V P?iyibentProvisiont
The .CONStiLIANT shall be paid by the AGENCY fqr completed work and services rendered under this
AGREEMENT aS provided iti_',Ehiblt"D7' atta-Clied,heretO,and'by reference made part of this -AGREEMENT". Such
•payinent.shallbc'full.conmensation'tbr wOrk•performedor services rendered andfor all thb9r, materials; supplies,
eqUipinent,,And:ineidehtats necessary to ecirrijilete: the work . The CONSULTANT.,shall conform to all applicable
piitions of.413.CFR Part:31
A post audit may be performed on AGREEMENT The need for &post audit will be -determined by the State
Auditor, WSIDOT Exterphl Audit Offree and/or at the Tequest hf the AGENCY'S PROJECT Manager.
VI :Sub-COOtractipg
The AGENCY perrnitS,Stili,ehntracts for those items,of Work as shown in Exhibit' `G" attached hereto and by lhis
,refeterteeimade part of this,AcigFEMENT:
CoirmensatiOn for this sub„consultant-Wcirk Shallibeb,asetl on.the chg. factor -a shown on,ahibit "0”
The work hf the,stib-chnsUltant shall riot exceed its maximum ainountpayable unless a priorWrifteit approval has been
issuedbythe AGENCY:
All reimbUrShble:direct lhbor,.dverltead, direct non-,Salhry chatkand fixed fee costs -for the subeonsultant shall be
'substantiated in the same matifier*'outlinedtp Section V. All.Sub‘contractS shall ebritainall applicable provisions of
this AGREEMENT:
'With respect to.sub-conSultantpayinent,, the CONSULTANT shall, coMply-with.all- applicableseetionS-OfthePrOnipt
?aymehtiawsassetfoiThin RCW, 39.04.250. and keW 39,76.01:1.
The CONSULTANT shall not §ub-coptractlOr the perforrnance of Pny'WorkuPder this AGREEMENT without prfor
written,,permisSion .9f the AGENCY: No pennission for sub contracting shall create, between the AGENCY and sub
contractor, any contract Of-anjiPthet relationship., A DBE certifiedsnb-conSultantis required to perform:a:Minimum.
antothithf their shb=-Contracted.agreement.that'is.establiShaby.the'WSDOT Highways and .LOchl-PrOgrainS.'PrOject
Development Engineer in conSUltationwith the AGENCY,
VIIErnpIoyment
The CONSULTANT warrants that they have not einployed.or retained any coinpaity or 'person; other than :h bona tide
-
employee workingsofely,forthe CONSULTANT, to solicit or secure this contract, and that it has not paidloragreed to
pay any cornpartyor person,.oth'enthat a bona tide employee working solely for the CONSULTANT, any fee,
coinniission, percentage, -brokerage'fee, gift or any other consideration, contingent upon orrestilting,fibin the award or;
makmg.of this -contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this.
AGREEMENTwithout liability or, in its discretion to deduct from the AGREEMENT price or consideration or
otherwise recover ttleftill.arpourit hf such fee.,,CommissiOn, percentdge,,brokerage fee,. gift, or chntingent.fee.,
Any andall-erriplOyeesPf the-CONSULTANT.or other persons while engaged in.the performance cfany.work or
services required.of the CONSULTANT under this AGREEMENT, shallbe'ehnsideredemplbyees of the
CONSULTANT only and not of the AGENCY, and any and all elairna'that may arise under any Workmeri!s
Compepsatjon.Act ofthehalf ofsaid..einprnsyees or other personsWhile s� engaged, and anyaridall claims madeby a
Page-3.of,8
third party as a/consequente.oTany-acrOr ornissiOn.on the.part-of the,CON_SDLTANT'S .einployees:or other Tiersons,
While,sO engaged any of the WOrk orServices..proVided to be Tendered -herein, Shalt bethe sole,obligatiorrand
reSpensibility.of the CONSUL:F:0ff.
The CONSULTANT -shah -not engage,,ort a fulf--or part-time basis, or other basis, during the period ofthe.contract,, any.
professional er technical -personnel who are or have beep, .at any tirpe.dUring the.period.Oftbe-Contraet, in the employ
Ofthe United States Departmerit.of TranSportation, or the STATE or the AGENCY, except-regularlyretited,
employees, WithourWrittcn consentofthe pub1i ernploy,er orstieh person.
.1/1111SIonditririninptiob
During thel5erfOriparice of this tontraet, the,C.ONSULTANT, foritself; its assignees and successors in interest agites
to Comply with the folleiwingjaws_and- regulations:
Title VI of the Civil Rights:Act of 1964
(42.USC Chapter 21 Subchapter V.Section ;000,hro'Ogh.•2000&4)
federaliaidllighwaY Act Of1973'
(23 USC Chapter,3 Section
Rehabilitation -Act of'191Y
(29*(JSC Chapter 16,SUbchaPter Sectibp 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et CiiiIRights Restoration Act -cif 1987
(Public Law 100-259)
,Ameri4h. With -DisabilitieS:Act of 1990
(42 ..USC-Chaptet 126 -Section 121.61 ei. 'seq.)-
49-CFR.Part:21
23 CFR Part -200
RCW 49.60.180
In relation to Title VI of the.Civii Rights Act of 1964„the-CONSULTANTSS.boinid'by The provisions ofExhibit "H"
attachedheretand.by this'reference'Made part of this.AOREEMENT, and shall include the attached Exhibit "H" in
every. sub -contract, including proeurepient of materials. and leases of equipment,.utiless exenipt by tbo:Regulasidps or.
diostives:iissuecil3uituant thereto.
IX Termination otAgreetbdint
The right is -reserved by the AGENCY to terminate this AGREEMENT at any tirrie upon ten (10) days written notice to.
the CONSULTANT:
In the event this AGREEMENT is terminated by the AGENCY other than -for defatilt on -the part -Of the
CONSULTANT, a final payment ha1l be made (0 he CONSULTANT as.shoWn irrExhibit."1". for *type of
AGREEMENT used.
No payment be Made for any work coMpleted after ten (1p) days follOwing receipt by. the CONSULTANT of the
Notice:to.Terruipate. If the accumulated payinerit made to the-CONSULTAN.T prior to Notice Uteri -tin -200p exceeds
the total amount that would be due when comptitecfas set forth herein above, then.no,final,payrnentsliall be due and the
CONSULTANT shall inimediately reiinbursetheAGENCY forany excess paid.
-1fthelserVices of the CONSULTANT are terminated:by the -AGENCY for default On the part of the. CONSULTANT,
the above formula for payrneOts,hq11.not.ppply,
Pqge.4 or§
In,such an" event; the amount td be,paid,shali'be"deterniined 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 w`ork originally
required which was satisfactor'ily.compieted to; date.oftermination, whether that work,is•.in a form, oratype which.is
usable to the AGENCY at. the titne'ofternination, the cost AGENCY of employing: another firm to: complete.the
work required-and:.thetinie whichtmay be required'.to. do so,and. other factors which affect the value to the AGENCY
of the w"ork-performed.at:the timeof termination.
Underiio circumstances. shall• payment -made under this subsection exceed the:an-taunt;. which would have, been.tnade
using the fornlula.set forth,above.
If it is determined for'an) reason that the CONSULTANT was notin default'or-that the CONSULTANT'S failure -to -
perform is without the•CONSILTANT'S or it's -employee's default or negligence,,the'terrnination shall be deemed to
bea termination'for-the convenience ofthe AGENCY. In such an event,, the. CONSULTANT wouldbe-reimbursed,'for
actual costs in.accordarice,with.the termination for than default:clauses listed previously.
In the event;of.the-death of•anymember„partner or officer of theCONSUi;TANT or any of its "supervisory personnel.
assigned to the 'PROJECT, `orf'dissolution of the partnership, terniination,of the. corporation, or disaffiliation"ofthe
principally involved employee, the'sur•v iving:members of the CONSULTANT hereby, agree to coiplete the,work under
the;terrns.of this AGREEMENT.,if requesied`to•=do so by the AGENCY This subsection shall'iiot be a:barto
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 th'e
CONSULTANT, Witty -the AGENCY'S concun•ence; desire to terminate this AGREEMEN;T;,payment shall be iiiade as
setforth in.the.second:paragraph of this section.
Payment: for any part.of the -work by the °AGENCY shall -not cons_ titute a waiver by:the: AGENCY of any remedies,of
any type itmay'have againstth_e'CONSUL• TANT for any breach ;of this,AGREEMENT by theICONSU,TANT; or for
,failure:of the CONSULTANT" to perforin work”required'ofit.by.the.AGEN,CY:,Forbearance'of any rights under the
.AGREEMENT-V011.not constitute waiver. ofentitlement to exercise those°rights with respect to any• future actor
omission -by theCONSULTAANT,
X Changes ofWork
The:CONSULTANT shall make•such changes and revisions-iirthe complete work:ofthis AGREEMENT asmecessary
to Correct.errors' appearingtherein, when regtiiredto do so by the AGENCY, without additional compensation•thereof
Should AGENCY find it desirable, for, its own purposes to have' previously satisfactorily completed work or parts
thereofchanged:or revised, the CON:SULTANT•shall make such:revisions as-directed:by,the AGENCY. This work
shall be considered as Extra Work andwilf be.paidfor-as herein°provided under Section'Xly..
XI Disputes
Any dispute concerning -questions of fact --in connection with thework not -disposed of byAGREEivIENT between the
'CONSULTANT and the AGENCY shall be referred for determination to the Director of. Public Works or. AGENCY
Engineer, .whose decision:in the platter shall be;final and binding. on,tlie,parties of this: AGREEMENT,. provided;,
however,, that- if an action is brought challenging the Director ofPublic Works or AGENCY Engineers decision, that
decision shall be subject to,de.novo-judicial review If the parties.to:this AGREEMENTniutually'agree, disputes
concerning alleged,design,errors will be conducted under the procedures found in;Exhibit 'J";.and'disputes concerning
claims will be. conducted under the procedures found;in Exhibit."K
XII'Venue,,Applicabie Lavv„and Personal Jurisdiction
In the.event-that either, party deems itnecessaiyto institute legal action or proceedings to enforce anyright or
obligation -under. this AGREEMENT; the parties hereto agree that any such action shall be initiated in the•Superior
court.ofthe State' of Washington, situated'in.the county in which the AGENCY is located. The parties hereto agree'that
all questions shall. he resolved by application of Washington law.and thatthe<parties to.such action shall'have the right
of appeal' from such decisions of the Superior court in accordance with the laws.of the State of Washington. The
CONSULTANT hereby consents to the -personal .jurisdiction of the Superior -court of the State of Washington, situated
in the -county in which the AGENCY is located.
Page 5•of 8•
X111 Legal Relations
The. CONSULTANT shall comply with all., Federal,; State; and local laws and ordinances applicable to the woi;k to be
done under"this AGREEMENT.This contractshall be interpreted and construed`in accordance with.the laWs.of the
State,of Washington,
The CONSULTANT Shall indemnify and hold the AGENCY and the STATE and'its officers.atid employees harmless
from and shall. process. and defend_at its own,expenseall-claims, demands, or suits at law or equity arising in whole or
in; part' from: the CONSULTANT'S`negligence"or breach ofanyof"its obligations under. this AGREEMENT; provided
that nothing,here;mshall require a:CONSULTANT to indemnify, the" AGENCY or the STATE against. and hold
harmless the AGENCY or. the STATE froth claims,: demands or 'suits based solely upon the conduct ofthe AGENCY or.
the STATE, their agents,_ officers and and provided further th'at`if the claims or suits are caused by or result
from'the concurrent. negligence of (a),the `CONSULTANT'S agents or-einployees;"and "(b)lhe"AGENCY or the
STATE; their agents officers and ernployees this indemnity, provision with_ respect to.(1) claims or suits based upon:
such negligence.(2) the costs to the.AGENCY or the STATE of defending such claims'and:suits=shall be valid and
-enforceable;,only to the extent of the CONSULTANTS negligence. or the negligence of the CONSULTANT'S agents
Or employees:
The, CONSULTANT' S; relation to the AGENCY shall'be at all tunes asapindependent contractor
'The.CONSULTANT"shali'.comply with all applicable sections"of the applicable Ethics laws, including RCW 42:23,
which is the Code of Ethics for regulating; contract: interest: by. municipal officers."The CONSULTANT. specifically
assuines potential liability• for actions brought by the CONSULTAN'T'S own employees against the AGENCY and,
solely Tor -the purpose of;this.indemnification and,defense, the.CONSUL_ TANT specifically° waives any lmmunityunder
the'state'industrial`insuranceaaw;,Title 51 RCW.
Unless otherwise specified.in-the AGREEMENT, the,AGENCY shaWbe;responsible for administration of construction
contracts, if any, on the PROJECT Subject to the processing;of a newsolesource; or an acceptable supplemental
agreement, the CONSULTANT shall provide On-CalIassistance 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, oras otherwise required,
the.following insurance with' companies orthrough sourcesapproved by'the State Insurance' Commis_sioner•pursuant to
Title '4& RCW.
Insurance Coverage
A. Worker's compensation and'erhployer'.s liability ihsurance.as,required"by'the STATE..
B. Comniercialgeneral liability and:property damage insurance in an aggregate amount not less -than two million"
dollars($2;000;000) for•bodily injury, includingdeath and, property damage. The,per occurrence amount shall
notexceed one million doliars'($1,000,000).
C insurance;for any automobileused in an amount not less than.a one milliondoilar ($1,000;000)
combinett.single.limit.
Excepting the Worker's Compensation insurance and''any Professional'Liability.lnsurance.secured by the
CONSULTANT', the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and•endorsenients,required by the AGREEMENT. The AGENCY
reserves the:right to require complete;,certified copies of all required insurance:policies at any time.
All insurance shall:be obtained,from an;insurance company authorized to do.business in the State of Washington. The
CONSULTANT shall submit -a verification of insurance -as outlined above within fourteen.(14) days of the execution of
this AGREEiv1ENT:to the AGENCY.
No cancellation" of the foregoing policies:shall be effective'without thirty (30) days priornotice"to the AGENCY
The CONSULTANT'S" professional liability to the; AGENCYshall be iiniitedto the. amount payable underthis
AGREEMENT orone,rnilhon ($ I,000,000) dollars, whichever is the greater, unless modified'by 'Exhibit—L'; In no
case shall•the CONSULTANT'S professional liability"to third parties .be. limited in any way.
Page6of4
The AGENCY. Will pay no pregress payments under Sect* Yi-nil the,..cONSULtANT has cemplied with,this
section. This remedy is not exclusive; -and the AGENCY and the STATE may take such other action as iS:available to it
under other provisionSlpf this AGREEMF,NT, r etherwiSe, in law.
XIVExtra work
A. The: AGENCY may arty:time,,by:written order, make changes within the general scope of -the AGREEMENT in
the serViceS-to-be:Perfertned,.
B.:If any such:el-14RO causes an.inerease-ordecreaspiin the estimatedcost Of, or thetinie required. for; performance of
any part of the work under this AGREEMENT whetherornot changed by the Order, or ot.herwise'affectS'any !other'
terms'and conditions of the,,AGREEMENT, the AGENCY shall,make an equitable adjustment inthe::(y)inaximUip
amOunt,payable,,-(2)'defivery or‘coltipletionschedule4,or both and (3). other affectecketitiSand-Shall.Modify the
-AGREEMENT accordinglY,
C,The CONSULITANT-MuSt submit any "request for equitable adjustment hereafter feferredta'as'-4CLAIM'7,.tinder
this clause within thirty (30) days from the date cif 'receipt ofthe written order. :HoWever, if the.AdEN.0(-000es
thatthe faCts justify it, theAGENCY may receive and, act upon a CLAIM Submitted:befere• final payrrierit. (gulp'
IENT
D. Faikire to,agtee'to,any adjuStmeht shall be"a dispute under theaisputeS clause: nowever'; nothing in this,clause
shall excuse the CONSULTANT from:ptoceedingWith,the AGREEMENT as.changed.
E. Notwithstanding the terms and coaditioriS•offiatagraphS (A) and (B) aboVethe maximum amount payable for this
AGREEMENTshall not be inCteased-or'consideredio,:be increased except by spec*. written suppletnehtfo this
AGKEFr4NT.
XV andoesernentpf Plans`
I fapplicable, the CONSULTANT Shall place their endorsement on all plans, estitnateS, or any other engineering data
furnished by them
XVI Federal and State ROiew'
The Federal Highway Administration and the Washington State Department of Transportation,shall have the right to
partidipate.in the tOieWr Or exiirtination of the work in progress.
XVII ,Certificatiowdf-the Consultant and theAgency
Attached hereto as Exhibit tNI-1(a andb)., are the Certifications, of the CONSULTANT and the AGENCY Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Mattel's - Prirnary'Covered Transactions,
Exhibit '`M-3" Certification Regarding the Restrictions ofthe Use of Federal Funds for Lobbying and Exhibit "M,4"
Certificate ofCurrent Cost or Pricing Data, Exhibit "Ivt-:.3?' is required only in AGREEMENTS over $100;000,and
Exhjbit"M-4" is reqUired only in AGREEMENTS over:$560,000.
XVIII tothplete Agreement
This document and referenced attachments contain all covenants, 'stipulations ; and provisions agreed upon by the
partieS. No agent or representative of either party has authority make; and (he parties Shall Of beboundby or be
liable for, any statement, representation, promise or agreerhent not Set forth 'herein. No -changes, 'amendments, or
modifications ofthe terMsheteof Shall be valid unless reduced, to 'writing and signed by the parties:as an ainendment to
- thiS.AGREEMENT
XIX Execution. and : Acceptance
This,AGREEMENT maybe simultaneously executed in several connterparts, each ofwhich shall be deerned to be
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 stipportingTnaterial•stibmitted by the
CONSULTANT, and does hereby accepttbe AGREEMENTand agre0 to all of the terns andconditions thereof
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
By
By
Consultant Huibregtse, Louman Associates, Inc. Agency City of Yakima
DOT Form 140-089 EF
Revised 3/2008
Page 8 of 8
CITY CONTRAC r Nae -- ,?4 -i>` 1
RESOLUTION NO: ie 2R1"/ -/e 0
E)thibitA-1
Scope ofiAlpric
Project No:
PerfOnnikkiinvestigatinnS/clirvey;*sign_and prepare_plausand,specificatinns f9r reviw by
FundingAuncy(s):
• II
qUeStiOP S; firepdrf and iscne,a.ddimrla:prepatr:En&neer'S'eStimate;:attencLbid opening, reviieViLanc
tahUtate Inds; reeammenctaward.
,Copeof_work_cibes n9t incliicle ri fit -if -Way serViies,Lenvironmental cnmpiiuc
permitting,,or_ServietsLdating_construefiem
Sectpd_pflwarici< thesatnalor Phae 1 and Phase 2
Documehtesto Be Fintished By The Consultant
"Required documents for -federally funded projects;:prehrainag and final plans arid 1pecifcationfor___
review by_City, an Funding Agency(s);.en8 ineer's estimate and hid opening" tabitlation
DOT Form 140-089 EF'Exhibit A-1
Revised 6/05
Exhibita-2
Payment (Cost Pius a Fixed Fee)
The CONSIJETANT.Shall be paid by the AGENCY.fot,coinpleted work and services, rendered underthis
AGREEMENT as provided heteinafter Such payment shall be 011 compensation for work performed or
serviceS rendered and fOnalllabor, materials, supplies, equiprnent, and incidentals -necessary to complete the
work specified in Section 11 'Scope ofWork The CONSULTANT shall Conform to all applicable portions of
48 CFR Patt.3,1.
Acttial-osts: Payment for all consulting services for this,PROJEct shall. boon the basis of the.
CONSOLTANTS'actUal:COStpluS a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non-Saiary:pOsts,:and fixed fee.
I. Direct Salary CostS: The Direct Salary Cbit 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.; The
'CONSULTANT shall Maintain,support data to verify the ditect salary costs billed
to the AGENCY.
2. OvcrheadcOst§: Overhead Costs are thosecosts other than direct costS0vhich are
included as such on the books Odle CONSULTANT in th0„noqp4J,eVeryday
keeping of its books. Progress payments shall betnade atthe 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
AGREEMENTThe two options are explained as follows:
Fixed Rate: tfthis Method iS indiCated in the heading Of the AGREEMENT the
AGENCY agrees to reititurse the CONSULTANT for overhead at the
percentage' rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost IfthiS method is indicated in the heading of theAGREEMENT the
AGENCY .agrees.tOrentibilirse the .CONS.ULT.ANT th e 'actual overhead costs
verified by audit, up to the Maxiiniim Total Amount Payable,,authotized under
this-AGREEMENT,:w.hen accumulated with all otherActual Costs.
A summary of the CONSULTANTScost estimate and the overhead
computation is shown in EXhibit "Er attached hereto and by this reference Made.
partof this AGREEMENT. When 'artActual Costmethod is used, -the
CONS U:LTANT (Prime and a1I sub,consultants). will. submit tothe AGENCY
within ,Six (6)-inOnths' afterthe enclofeach firm's fiscal year; an overhead
schedule in the forinat required:by the AGENCY'(cost category; dollar
expenditures, etc.) for the put.P0e of adjusting the overhead taiefor billing
purposes. It shall be used for the computation ofProgtess payments during the
follOwing-year and forretroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit'D-2
Revised 6/08
Failure to: supply this information by eitherthe prime CONSULTANT or,aiiy of their si.ib-
consultants shall 'cause the AGENCY to withhold payinentof thebilled overhead costs,until
such time as the:required inforinationris,received and an overhead,i•ate for billing:purposes'is.
approved:
The AGENCY, STATE and/or"the Federal Government May perform an audit ofthe
CONSULTANT'S books and -records -at any time during regular business hours to determine
the,actual overhead rate: if they so desire...
1 Direct Non -Salary Costs• Direct Non-Salary,Costs will be reimbursed at the.Actual Cost to
the ;CONSULTANT. These charges mayinclude, hutarenot limited. to; the fallowing
items: travel,,,printing;'long distance telephone; supplies;:computer charges and sub
consultant costs;
a: Air or train travel will :be-reimbursed`ontyto ecpnoniyclass levels unless
'otherwise approved' by the AGENCY The,CONSULTANT shall-complywith
the_rules:and regulations regarding travel costs (excluding air; train, and rental
,car costs) iii. accordance with the AGENCY'S Travel Rules:and Procedures.
However,-air„train; and rental car-costs.shall be reimbursed in:accordance with
48 CFR Part 31.05-46 "Travel Cost
b. 'The billing for Direct.Non-Salary Costs shall include an itemized listing of
the charges directlyidentil..iable wh:the'I ROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall .be supplied to the.
AGENCY tipon,regtie'st.
d'. All above,charges rnustbe necessary far-theservices 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 amount does not include any
additional.. Fixed; Fee; which, could be, authorized from the Management Reserve Fund; This,
fee based"on the Scope of Work defined"in thisAGREEMENT and the,estimated person-
hours:. required' to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental.AGREEMENT for additional work; the supplemental
AGREEMENT may include provisions..tor theadded costs and.. an appropriate additional
Tee. The'Fixed:Fee-i gill be prorated and'paid monthly in proportion'to the percentage of
work completed by the CONSULTANT,and reported in the Monthly Progress Reports
acconipanying.the .billings. Any portion of the -Fixed Fee earned but not previously paid in -
the
nthe. progressp'ayinentswill be covered in the final payment subject to`the provisions o f
Section :IX entitled"Termination of Agreement."
5. Management Reserve Fund: The AGENCY may -desire to establish a,Managernent'Reserve
Fund -to provide the Agreement Administrator with the flexibilityto:authorize additional.
funds to the AGREEMENT for allowable unforeseen:costs, or -reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Stich authorization(s)shall be in writing and shall not exceed
the lesserof $1,00,000 or 1 roof the Total AMOunt Authorized as Shown in the
headingofthis AGREEMENT. The amount inelucled for -the Management Reserve
Fund isshown in:the heading of this AGREEMENT. This ftind tnay not be tepleniShed,
Any changes requiring additional costs in excess of the Mapagernent,ReserVe.Fund
shaft be madelit'aceerdance with Seetiori:XIV, "Extra Work.'(. Maximum Total
Amount,Payable•:- The Maxitnuni Total, Amount Payable by=the:AGENCY to. the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in -the
.heading'Of this AGREEMENT. The Maximum' Total Amount Payable,is coinprised of
the Total AmountAuthorized, and the •Management ReserVe Fund. The Maximum
Total Amount Payable does notinclude:paytnentfor Extra Work as stipulated in
Section XIV Extra Work 'No minimum amount payable iS'gnaranteed•Mider this
AGREEMENT.
B, MOnthly.Progress'.Paytnents:'The CONSULTANT may Submit billings to the AGENCY for
reirriburseinent of Actual Costs plus the,calettlatecroverhead,and:fee on a monthly basis duringthe
progress of the work. Such bijlings Shall be in ,a-fOrinat approved •bythe, AGENCY and:
accompanie&by the riionthlyprogress reports:requited under Section III; "General :,Requirements"
of this AGREEMENT. The billings will be suPported:by an itemized listingTOr each item, including
'Direct Salary, Dife'etNon=Salar, and-ailowable Overhead Costs,to which Willbe,added the
prorated Fixed' Fee To ptovide.a,means Of verifYing the billed salary costs'for CONSULTANT
employees,The.AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles-, salary rates, and present duties Ofthose ernploy.ees perforining workon
thePROJECT at the -time Ofthe
C. Final Payment: 'Final Payment of any balance due the CONSULTANT4 the greSs:nittountearned
will be made promptly upon its verification by the AGENCY after the'completiOn of theiWork
under this AGREEMENT; contingent Upon .receipt of all PS&E,,plans, maps; nets; repOrts,
electronic data and otheitTelated documents which areTequired to be furnished under this.
AGREEMENT1,Aeceptance ofsuch *Final Paytifen(b- the CONSULTANT shall constitute a
releaseof all claims for payment, which theCONSULTANT may,have against the AGENCY
unless such claims are. specifically reserved'ip writing,and'ttansinittedle 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,fcmedies the'AGENCY
may pursue with.respect to such
The2payment of any billing will not constitute agreement as to the appropriateness of any item and
at thefirricoffinal audit, air regnirect adjustinents,will be-made,and reflected.M a final payment. In
the eventthat such, final audit reVeals,ari overpayment tothe CONSULTANT,:the CONSULTANT
Will refund such overpayment to the AGENCY within thirty(P) days,,Ofpotiee of the
overpayment. Suchrefund_sliall not constitute a waiver by the ,CONSULTANT for any claiins
relating to thevalidity of a 'finding by the AGENCY of overpayitient. The CONSULTANT.has
twenty (20) days after receipt ofthefinal POST AUDIT to begin the appeal process'tO the
AGENCY for auditfindings.
D. Inspection‘of CosiReCOrds: The CONSULTANTand theirstib-Corisultants shall keep. available fOr
inspectionby representatives of the AQENCY, 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 andall. items related tom -bearing upon these records with the following exception'
'ifany litigation, claim Or 4isciit,arfs'ing out of, in connection with, ot.related to -this' contracris
initiated before the expiration of the three (3) year period, the cost records and ,accounts shall be
retained until such litigatiOn. Claim,* audit involving records' is completed.
Exhibit E-1
Consultant Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Projedt:, Hines Addition Streets and Utilities - Phase 1.
Direct•Salary Cost (DSC):
Classification ,Man Hours Rate --r• = Cost
Princip41 Engineer 70.0 X 4350. '$ 3,045.00
Professional thgineer, 150.0 X, 35.70 5,3.55.0Q
Professional Surveyor 24.0 X 28.00. 672.00
Stirveyor 6010 X 28.00: 1;680.00
:CAD' Tcanieiqn 150.0 X 19.20 2,880.00
Wdrd 'Processing Tech 240 X 20.30 487,20
X
X
Total DSC = $: 14,119.20
Overhead (OH Cost -- including Salary Additives):
OH Rate k DSC of 118.9 % x$: 14,119.20 16787.73
Fixed Fee (FF):
FE Rate x pc of % x $ 14,119.20 4,941.72
Reimbursables:
ItemiZed
400.00
Subconsultant Costs (See Exhibit G): 0,60
Grand Total 36,248 65
Prepared By: Terry D Alapeteri
DOT Form 140-089 EF Exhibit E-1
Revised 6/05
Date. June 14, 2011
Exhibit E-1
Consultant'Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Hines Addition Streets atid,Utilities - Phase 2.
Direct Salary Cost(D8c);
Classification. ManHours Rate = = 'Cost
Principal Engineer 40.0 X 43‘:56 $ 1,740.00
Professional Engineer 90.0 X 35.70 3,21100
Professionat-Surveyor, 16.0 X :28.00 448 00
Siirveyor. 40M '5( 28,00 1,1,20,.00
CADTechnician 90:0 X 19.20 1728:00
Word Processingiecli
12.0. X 20:30
X,
243.60
Total DSC $ 8,492.60
Overhead (.OI1 Cost including Salary Additives):
OH Rate,ix'DSP" of .118.9 '`)/0 x $492.0o, 19,097.70.
Fixed Fee (FF):
FF Rete )c- Dpc f 35.0 % x..$ 8,492-.60 2,972.41
iteimbursables:
itemized
SuiaconsUltant Costs .(See Exhibit
300.00
Grand Total, 21,862.71
Prepared By: Terry D. Alapeteri,
DOT Form 1407089 ErExhibit E-1
Revised 6/95;
Date: June 14,2011
EXHIBIT F
Huibregtse, Louman Associates, Inc.
Overhead. Schedule
For the Year Ending;I)ecember 31, 2011
General Overhead
Other wages 22.39%
Bonus 17.84%
Benefits. 1.5.'69%
Payroll taxes 10.93%
Rent. l 1.91:%
Retirement plan contributions 9.44%
Business taxes and licenses 7.50%.
Insurance 6.27%
Auto expense L98%
.Office expense 461%
Professional- fees 3:96%
Depreciation 2.97%
Repairs;andmaintenance. 1.89% o
Field supplies 1.19%
Travel and meetings 0 30%
Telephone L21%
Utilities 0.72%
Miscellaneous 0.12%
Total Overhead Costs (OH` Rate) 115.90%
Exhibit H
Title VI,Assurances
During the perfiormance.of this AGREEMENT, the CONSULTANT, for itself; its assignees,.and'successors in
interest agrees -as follows'":
Compliance with Regulations:, The CONSULTANT shall comply with the. Regulations'relative to:non-
discrimination in federally assisted.programs.:of the AGENCY, Title 49, Code of Federal Regulations,. Part
21,,as'they may be amended from time to time (hereinafter referred to as the "-REGULATIONS" ), which
:are herein incorporated by reference and i.nade-a parr of this AGREEMENT:.
2. Non-discrimination: The CONSULTANT; with regard to the work performed during the
AGREEMENT, shall not discriminate, on. the grounds ofrace, color,sex,_ or- national origin in the selection'
andretention of.sub-consultants, including procurement of materials..and.,leases of -equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination,prohibited by
Secti'on.2'-1.5 of the REGULATIONS, including eniployinent practices.when`the AGREEMENT covers a
program set.ferth.in Appendix :B-afthe REGULATIONS.
3. Solicitations for Sub. -consultants; hlcludingeProcurement ofMaterials. and, Equipment:. In all solicitations,
either. by competitive bidding Or negotiations made by the CONSULTANT for work to be performed
under a.sub,eontract including procurement of materials or leases -of each potential sub-
consultant of supplier shall be notified by the CONSULTANT of the CON.SULTANT'S obligations under
this. AGREEMENT and. the REGULATIONS relati:veto non=discrimination:on the grounds of race;: color;
sex, o'r,national,origin,.
information and Reports: The CONSULTANT shall ,proyide.all information and,repprts required by the
REGULATIONS or directives:issued pursuant thereto; and shall perniit'access to itsbooks, records,
'accounts; other sources of:information, and its facilities as may be determined by, AGENCY, STATE or
the Federal, Highway Administration. (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where anyinformation required of a CONSULTANT is in,the
exclusive possession of another, who fails or refuses to furnish this information, the CONSULTANT shall
so certify to, the. AGENCY; STATE or the FH.WA.as'appiopr-iate, and shall set forth what efforts it has,
made to obtain the information.
5. Sanctions for Non-coinpliance. In the event of the:,CONSULTANT'S non-compliance with theihon=
discrimination provisions of this. AGREEMENT,. the, AGENCY shall impose such AGREEMENT
sanetions.as it, the STATE orthe FHWA may determine to be appropriate, including; but not limited to.
Withholding of payments'to the CONSULTANT under the AGREEMENT'until the
'CONSULTANT complies, and/or;
• Cancellation,. termination; or suspension of the AGREEMENT, in whole or in part
DOT Form ,i40=089 EF Exhibit H
Revised 6/05
6. incorporation of Provisions: The CONSOLTANT.sit-all inclUdeltie,provisions.of paragraphs (.1.) through
(5) in every sub.contract, including,proeurernent of Materials and leases ofequipnient unleSs,exempt by
the'kEGULATIONS, or directives issued pursuant thereto. The CONStA,TANT'shalltake such action
with respect to anysub-consultanfor procurement as the AGENCY.,. STATE orrHWA May directaS;a.
means ofenforcing such. provisions.-ineluding-sanctionslor non‘ -compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, oris threatened with,
litigatioiywith a sub -consultant -or supplier-aS a restili of such the.CONSULTANT may request
the AGENCY and the STATE'enterinto suChlitigation to protect the intereSts,of the AGENCY and the
STATE and, in :addition, the CONSULTANT may request the Uttited.StateS enter.inttyStich.litigation to
protect the interests:9f the. United States:
•Exhibit 1
Payment,Upon Termination of Agreernent.
By the Agency Other Than fin
Fault of the Consultant
(Refer to Agreement, Section IX)
LunpSun COntrects
A final,paymerit shall be made -to the CONSULTANT which when addedtoany payments preyiously-made-shall
total the sarne percentage of the Lump Sum Aindunt as the work Cottpleted.atlhe:fitrie OfiterinitiatiOn is, to the
total, w/prk required for the PA0.1EcT. In addition; the CONSULTANT shall be paid for any'authorized extra
work completed
Cosit,Pi us F0(641: Fee Contracts.
A final payment Shall be Made to the CONSULTANT whichwhen added to an payment's previously made, shall
total the actual' costs plus the same percentage of the:fixed fee as the work completed at the time of terinination is,
to the total work.reliuired for the Projeet. In addition, the CONSULTANT!Shall,be paid, for any authorized extra
work completed.
Specific Rates of PayContracts
•A final.payment shall he made to:the.CONSULTANT for actual hours charged, at the time of termination ofthis
AGREEMENT plus any direct nonsalary costs incurred atthetimeoltermitiation of this AGREEMENT.
Cost:Per Unit Work Contracts
A final payment shall. be made to the..CQNSULTANT for actual units of wqrkicpippleted-at.the tine of
termination of this AGREEMENT.
DOT -ForTh 140-089 EF Exhipit I
'ReVised 6/05
Exhibit J
,Alleged Consultant Design Error Procedures
The.:purpose-of this exhibit-is-t'o establish a procedure to.detennine :if a consultant's allegeddesign error'is of a
nature that exceeds the, accepted standard'of care. ln.addition, it will. establish a uniform method for the. resolution
and/or cost'recovet•v,procedures m those instances,v_herethe agency:believes it has suffered some material' damage
due. to the alleged error bythe consultant.
;Step ] — Potential:Consultant Design Error(s) is Jdentifiediiby Agency's.ProjeetAManager
.At the first, indication of potential consultant designmerror(s), the. first step iirthe process is:for the:
Agency's project; manager, to, notify the Director of Public Works or'Ageney Engineer regarding the
potential design errors) For federally funded projects, the- Region highways and. Local Programs
'Engineer'shotild be informed. and. involved in these procedures.,(Note: The-Directorof Public Works --or
Agency Engineer may appoint ail agency staff person other than -the. project manager, who has,not been
asdirectly involved -in the project, to be responsible forthe remaining step iii these -procedures.)
Step;2:- Project Manager-Documentsthe Alleged'Consultant DesigrrError(s)
After discussion.'of the alleged design error(s) and the.magnitude of the alleged error(s);.and with the'
.Director of Public Works oi. Agency Engineer'.s concurrence, thc project manager obtains. more detailed
docuinentation°than is normally required onthe project. 'Examples .include:'all decisions and
descriptions of work, photographs, records:of labor, materfals,and-equipment:
'Step 3 -Contact the'Cons'tiltant:Regardtng,the Alleged -Design Error(s)
If Os' determined thatthere°.is a need to proceed further, the next step in the_process is for the:, project'
manager to contact the consultant. regarding the alleged design errors) and the Magnitude of the alleged
error(s); The project and. other appropriate agency staffshould represent the: agency and the
consultant. should be represented by their project,manger and anypersonnel (inc'luiding.sub-consultants)
deemed: appropriate,for,the alleged design-error(s)-issue.
Step4 — Attempt to ResolveAllegedDesignError with' Consultant
After meeting(s) with the consultant have been completed. regarding the consultant's alleged design
error(s), there.,arethree-possible'scenarios;
It is determined via mutual agrecnient.that there is nota consultant design error(s). If
this. is the�case, then the process will not proceed beyond ;this point.
It is:determined via -mutual agreement thata consultant desigwerror(s) occurred. Ifthis•
is the case, then the DirectorofPublic Works or:Agency -Engineer, or their
representatives, negotiate a settlement with the consultant. The -Settlement would be
paid to the agency or the amount would he. reduced from the consultant's agreement
with the agency for'the services on the projectin which
the design error -took place..The agency is to provide H&LP, through the 'Region
DOT Form 140-089'EF Exhibit J
Revised 6/05
Local Programs Engineer, a summaryofthe settlement.for :revi'ew and to make.
adjustments, if;any, as to how the settlement affects federal reimbursements. No
further'action is.required.
• There,isnota mutual'agreement regarding the alleged consultant.desigi error(s)..The
consultant May-requestthatthe: alleged design error(s) issue be forwarded to
'the Director of Public Works or Agency Engineer for review. It the Director of
Public Works or-Agency.Engincer, after review with their legal counsel, is not able
to reach mutual agreement'with the consultant, proceed'.to Step 5.
.Step 5 — Fon and Documents'.to''Highways and Local Programs.
For" federally funded; projects all available information, including"costs, should be forwarded
through' the Region;H ighways and: Local -.Programs Engineer to H& LP'for their red iew".and,
consultation°v ith the H&LP will.ineet'with representatives ofthe.agency‘and.the
consultant review the"alleged design error(s); and.attenipt to find aresolution, to the issue. If
necessary, H&LP will. request assistance froin"the Attorney General's Office for legal:
interpretation'.-H&LP will also identify how the alleged,error(s).affects ehglblhty of project costs
for federal.reinibursenient.
If mutiial,agree-einent is reached, the agency and consultantadjust thescopeofwork
and costs.to reflect the.agreed upon resolution..H&LP, in consultation.' with;FH WA,
will identify the arnountof 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:
.Exhibit K
.Consultant Claim Procedures
The purpose-ofthis exhibit is.to describe a procedure regarding claim(s):on a consultant:agreement. The following
procedures should only'be'.utilized on consultant claims greater than $'1,000: Ifthe,consultant's claims) are atotal'
of $1_,000 or less, it Would not:be cost effective to proceed,througlrthe outlined steps. Itis suggested that the
Director°of;Public. Works or.,AgencyEngineer negotiate a fair and reasonable'price for the consultant's claim_ (s)
thattotal $1,000 or less:
Th'i"s.exhibitwill outline theprocedures to' be followed by thetonsultant and.the; a gency-.to,consider a potential
daub by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested: to perform; additional services that were outside of
the. agreement's scope:o_f`work. they may be entitled 10 a claim The first step., thatmt.ist be.comp_ leted'is
the request for consideration ofthe clann to the Agency'.s project manager:_
The,consultant's clairn-must:outline the following:
Summation of hours by classification for each;firm that is -included, in=the claim;
• Any correspondence that directed the consultant to.perform the additional work;
• Timeframe ofthe.additional work that was outside ofthe project scope;
•'Summaryof.direct=tabor dollars, overhead: costs,. profit and reimbursable costs associated with.
the.additional' work;- and
Explanation: alto why the Consultant believes the.additional work was-outside.ofthe
agreement scope of work.
Step 2 - Review.by Agency Personnel Regard mg.the.Consultant's.Clairn for Additional. Compensation
After the consultantihas completed step .1.,, the .next step in the process is..to-forward the request to the
Agency's projectmnariager. "the ,project Manager will.review the consultant's -claim and will met with
the Director:of Public Works or Agency Engineer to.d'eterniine if the. Agency agrees with the°claim. If
the 'FHWA'is:_partic'ipating in the, project's funding, forward a copy.of.theconsultant's claim and the
Agency' s,recoinmendation.for federal participation' in the claim to the, WSDOT Highways.and Local
Prograrns,through.the Region Local Programs,Engineer. lithe claint is not;eligible• for federal:
participation, payment will need to he from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer; WSDOT Highways and
Local Programs (if applicable), and. FH WA (ifapplicable) agree with the constiltant's claim, send a
request memo, including backup documentation to the consultant to.either.supplement the agreement,
or create a new agreement for the claim. After the:request has been approved,'the Agency shall write
the supplement and/or new agreement and pay the consultant the amount'of.the claim. Inform the
consultant that the final paymentfor the agreement is; subject to audit. No further action in needed
regarding the=claim procedures:
DOT Form 140-089 EF Exhibit K
Revised 6/05
tithe. Ageney does not agree with the consultant's claim; proceed to step 3 of theprocedures.
Step 3 — Preparation'ef Siipport.Documentation Regarding Consulta'nt's'Claiin,(s),
lithe Agency do es.not agree!witli•the consultant's.claini, the project manager shall prepare a,
sumniary,for the',Director'gf Public Works, or Agency.Engineer that included the following;.
Copy of inforniation.supplied by the.consultantaegarding the claim;
Agency's -sumniatlon-ofhours b) classification for each firmthat.should be.included in the,
claim;
•' Anycorrespondencethat directed the c6nsultantto perfoim the -additional work;
• Agency's slummy of direct labor dollars, overhead costs, profit and:reimbursable'costs
associatedwith :the additionarwork;
• Explanation regarding those areas in which the. Agency does /does, not agree with the
consultant's clann(s)';
.Explanation to.'describe`what has been instituted to preclude' future consultantclaim(s); and
• Recommendations'to.'resolve,the claim.
'Step 4 -Director of Public Works. orAgeney,.:Engmeer Res iews Consultant Claim and Agency
Docutnentatioii
The Director of Pubic Worksor Agency Engineer shall review and adininistratively approve:or
disapprove the claim, or portions thereof, which may include getting.. Agency Council or'
Commission approval.(as.,appropriate to agency dispute resolution procedures). If the project.
involves federal participation, obtain concurrence_from WSDOT Highways and Local Programs,
and FHWA regarding final settlement of the clairn.;if the claat isnot eligible for federal
participation, payment will needto be•from agency funds.
Step 5—Informing Consultant of Decision Regarding theClaim
The Director of'Public-WO-JO ot'..Agericy Engineer shall' notify (in writing) the consultant oftlieir
final decision regarding the consultant's claim,(s). lnclude.the final dollar,arnount ofthe.acceptcd
claiin(s) and rationale utilized for the decision.
Step 6 ..'13i-eparatiort of Supplement or New•Agreement-for the'Consultant'sClaim(s)
The..agencyshall write the supplement acid/orrnew.agreement and pay the consultant the amount of
the claim. Inform the consultant thatthe final paymerit'for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
Project No. //D%2-�
Local Agency
I hereby certify that I am ,C.j2ifa'G T_ .8%177L and duly authorized
representative of the firm of Huibregtse, Louman Associates, Inc. whose address is
SD/ A/ S 771' 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.
001/
Date Signa re
DOT Form 140-089 EF Exhibit M -1(a)
Revised 6/05
Exhibit Illi -1(b)
Certification Of Agency Official
1
hereby Certify that 1 am the AGENCY Official. of.tbe Local Agency of City.of Yakima
Washington,. and' that the consulting firm or its representative has not been required; directly or•rndirectly as an
express or implied condition.irrconnection with .otitaining;orcarry,ing outthis AGREEMENT to:
(a_) Employ or -retain, or agree;to;erriploy to, retain,..any firin orperson; or,
(b) Pay, or:agree to pa',.to any firm,.person,_or. organization, anyfee, contribution,_doiiation, Or
consideration :of any kind; except as hereby expressly stated (ifany):
1,acknowledge'that,this certificate into be:aVailable to the Washington State Department of
Transportation and the Federal Highway Adinliiistration; U.S. Department of Transportation, in
connection wnirthis AGREEMENT involving participation of Federal -aid highway funds, and is
subject -to applicable State and Federallaws, both criminal and civil
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
I. 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.
00//
(Date)
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
(Signature) President or Authorized-Q€Fiztal of Consultant
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $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)
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
(Signature) President or Au
orized 0
ial of Consultant
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
1— 1(.0
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 Tots, 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 4th Street.
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.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: CDBG, Fund 124
APPROVED FOR SUBMITTAL:
y 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:- R,-aoh- 1OO ?e4
.SHLA
Hmbregtse, Lotman Associates, Inc.
Civil Engineering • Land Surveyukg4Planning
8or North 39th Avenue
Yakima., WA 98902
509.966.7000
Fax 509.965.3800
www.hiacivik.aom
JOB N0: 11000
DRAWING: 3rdandT.dwg
DATE: 5/20/2011
DRAWN BY: SSH
CHECKED BY: TDA
CITY OF YAKIMA
NORTH 3RD STREET AND "T" STREET
CDBG IMPROVEMENTS
Washington State
1� Department of Transportation
Sulemental A regiment
�p g
Number 1
Organization and Address
Huibregtse, Louman Associates, Inc.
801 North 39th Avenue
Yakima, WA 98902
Phone 509-966-7000
Original Agreement Number
11072-E
Project Number
2312
Execution Date
8/25/2011
Completion Date
12/31/2012
Project Title
Hines Addition Streets and Utilities, Phase 1 & 2
New Maximum Amount Payable
$ 62,900.00
Description of Work
Design two-lane roadway, curb and gutter, sidewalks, storm drainage, street lighting, domestic water, and sanitary
sewer for the Hines Addition.
The Local Agency of City of Yakima
desires to supplement the agreement entered into with Huibregtse, Louman Associates, Inc.
and executed on 6/28/2011 and identified as Agreement No
11072-E
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows.
1
Section 1, SCOPE OF WORK, is hereby changed to read
The work includes• Professional land surveying services necessary to convert six Ints into five Ints adjacent to Hines
Addition Phase 1 including exhihits and lepI descriptions, application of lot line adjustment_ field set property
corners and file record of survey map, and easement documents necessary for installation of water main
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read Not changtd
111
Section V, PAYMENT, shall be amended as follows
The payment shall he increased by ,,4,900 making the new lump sum price maximum amnut'62,900
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action
By Hnihregtse, I,numan Associates, Inc
DOT Form 140-063 EF
Revised 9/2005
Con (tent ''gnature
By City of Yakima
Approving Autf'iority Signature
ate
Exhibit E-1
Consultant Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Hines Addition Streets and Utilities - Land Surveying to convert six lots into five lots.
Direct Salary Cost (DSC):
Classification Man Hours Rata = = Cost
Principal Surveyor 8.0 X 50.00 $ 400.00
Professional Engineer 2.0 X 35.70 71.40
Professional Surveyor 16.0 X 28.00 448.00
Surveyor 24.0 X .28.00 672.00
CAD Technician 16.0 X 19.20 307.20
X
X
X
Total DSC = $ 1,898.60
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 118.9 % x $ 1,898.60 2,257.44
Fixed Fee (FF):
FF Rate x DSC of 35 % x $ 1,898.60 664.51
Reimbursables:
Itemized
Subconsultant Costs (See Exhibit G):
0.00
0.00
Grand Total 4,820.55
Prepared By: Terry D. Alapeteri
DOT Form 140-089 EF Exhibit E-1
Revised 6/05
Date. August 22, 2011