Loading...
HomeMy WebLinkAboutR-1997-047 Transpo Group, Inc. amendment• • RESOLUTION NO: R — 97 - 47 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with The TRANSPO Group Inc., a civil engineering firm, for the development of preliminary project scope and costs for grade separation of two or five railroad crossings in the City of Yakima WHEREAS, the City of Yakima acknowledges the opportunity presented by United States Senators Slade Gorton and Patt Murray to provide funding for critical transportation needs in the city; and WHEREAS, the Yakima City Council deems it to be in the best interest of the city that the attached amendment be executed by the City of Yakima, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an amendment to the existing agreement with The TRANSPO Group Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this I gr day of April, 1997. ATTEST: City Clerk ynn Buchanan, Mayor Transportation and Traffic Engineenng PLANNING • DESIGN The Transpo Group March 28, 1997 TG: 97016.03 Mr. Fred French City of Yakima 129 North Second Street Yakima, WA 98901 SUBJECT: GRADE SEPARATION PROJECT CONTRACT AMENDMENT # 1 FUNDING LEVEL ANALYSIS Dear Fred, The TRANSPO Group appreciates the opportunity to continue work with the City of Yakima regarding grade crossing issues in the vicinity of B Street and Lincoln Street. It is our understanding that this project is to be a separate phase to the work already underway for the Railroad Crossing Supplementary Safety Measures contract agreement. Table 1 summarizes the maximum contract amounts for the original agreement with the City of Yakima and the proposed Amendment #1. As shown, the total contract amount with Amendment #1 is $19,548.37. Table 1. Amendment Number 1 Summary Original Agreement Supplementary Safety Measures Maximum Amount $9,955.52 Amendment Number 1 Grade Separation Analysis Total Amount with this Agreement Maximum Amount $9,592.85 $19,548.37 We have attached to this letter exhibits to the LAG Standard Consultant Agreement. The exhibits included with this letter are Amendment #1 Exhibit B-1 which is the Scope of Work description for the new phase of the project, D-1 Consultant Fee Determination Summary Sheet, and G-1 the Subconsultant Fee Determination Summary Sheet. These exhibits would serve as the documents required for our contract amendment. The purpose of this contract amendment is to identify the scope of work and budget necessary to develop cost estimates to reconstruct the existing B Street and Lincoln Street rail crossings from at -grade to grade -separated and a comparison with an elevated mainline train scenario through the north portion of Yakima. To ensure that this letter and the attached exhibits The TRANSPO Group, Inc. 14335 N E. 24th Street, Suite 201 Bellevue, Washington 98007 FAX. 206/747-3688 206/641-3881 The Transpo Group provides the City with the necessary information to supplement our existing contract, we ask that you please provide a countersignature on this letter in the area provided. If you have any questions or comments please call either me or Bruce Haldors. Sincerely, The TRANSPO Group, Inc. a eifreylA. Webber resident Attachments Confirmed: City of Yakima ATTEST r oti i2 AL, City Clerk Amendment #1 EXHIBIT B-1 SCOPE OF WORK CONSULTANT Project No. 97016.03 The CONSULTANT shall manage the contract and invoice the AGENCY in accordance with the AGREEMENT. The Transpo Group An initial meeting shall be held to familiarize the CONSULTANT with the proposed project and actions to date and concerns of the AGENCY and its citizens. The AGENCY will also familiar- ize the CONSULTANT with known objectives and schedule of the proposed demonstration project. Current rail crossing conditions and identification of a potential study area will be discussed at the meeting. The AGENCY will turn over to the CONSULTANT 1) analytical work the AGENCY has undertaken to review mainline rail grades in GIS, and 2) all record drawings of the streets of importance in the vicinity of the following 2 rail crossings of the BNSF Main- line tracks: 1. Lincoln Street 2. B Street The CONSULTANT will perform a field inspection of the grade crossings and refine the key study area issues. Concept sketches in suitable for incorporation into the grant application in 81/2" x 1 I" format will be prepared. The CONSULTANT will develop a list of data requirements for the development of complete project costs. The CONSULTANT will develop an estimate of the budget required to prepare a funding level analysis and construction cost estimate for the 2 potential rail crossing separations identified above. In addition, an order of magnitude cost will be developed for raising the mainline BNSF line from the Nob Hill grade separation to the north. A scope of work with the total project cost will be prepared. The CONSULTANT will identify a proposed budget for each task identified in the scope of work. Each task will include key milestones along with a comprehensive project schedule. The scope of work, schedule, and budget will be incorporated into a draft memorandum for AGENCY review. The report will include hour and budget estimates of each task. AGENCY review comments on the draft scope, schedule, and budget will be discussed via a conference call. Agreed upon changes will be incorporated into the final memorandum which will be re- turned to the AGENCY for integration into the grant application. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT The following products will be furnished to the AGENCY by the CONSULTANT. All distribu- tions of copies of products will be made by the AGENCY. 1. Ten (10) copies of the Final Memorandum which includes a Scope of Work, Schedule, and Budget M:\97\97016\SCOPE2 Amendment #1 EXHIBIT D-1 The Transpo Group CONSULTANT FEE DETERMINATION - SUMMARY SHEET PROJECT: Develop Scope And Budget For Yakima Grade Crossing Separation Proposals A. DIRECT SALARY COST (DSC): Category Title Hours Rate TOTAL 1 Principal 13 $44.10 $573.30 2 Engineer 5 22 $31.20 $686.40 3 Controller 1 $29.40 $29.40 4 Clerical 5 $16.20 $81.00 Subtotal (DSC) 41 $33.42 $1,370.10 B. OVERHEAD (OH) COST: OH Rate x DSC or 1.86 x A $2,548.39 C. FIXED FEE (FF): FF Rate x DSC or 0.30 x A $411.03 $4,329.52 D. SUBCONSULTANTS: Quote HDR Engineering, Inc. (Exhibit G) $4,970.34 E. REIMBURSABLES: Estimate Mileage $93.00 Travel Costs $50.00 Reproduction $100.00 Delivery & Communication $50.00 $4,970.34 $293.00 GRAND TOTAL - ESTIMATED PRICE (A+B+C+D+E) $9,592.85 PREPARED BY: DATE: REVISION # 3/28/97 BUDGEf2.XLS Amendment #1 EXHIBIT G-1 The Transpo Group CONSULTANT FEE DETERMINATION - SUMMARY SHEET PROJECT: Develop Scope And Budget For Yakima Grade Crossing Separation Proposals A. DIRECT SALARY COST (DSC): Category Title Hours Rate TOTAL 1 Project Engineer 16 $33.35 $533.60 2 Designer 32 $18.73 $599.36 3 Clerical/ Secretr'l 12 $15.32 $183.84 Subtotal (DSC) 60 $21.95 $1,316.80 B. OVERHEAD (OH) COST: OH Rate x DSC or 1.64 x A $2,158.50 C. FIXED FEE (FF): FF Rate x DSC or 0.30 x A $395.04 $3,870.34 D. SUBCONSULTANTS: Quote None $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E. REIMBURSABLES: Estimate Mileage $0.00 Travel Costs $300.00 Reproduction $300.00 Computer $500.00 $1,100.00 GRAND TOTAL - ESTIMATED PRICE (A+B+C+D+E) $4,970.34 PREPARED BY: DATE: REVISION # BUDGET2.XLS 3/28/97 I i°EM TITLE: SUBMIT 1'.ED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Grade Separated Railroad Crossings. Item No. 13 For Meeting of April 1, 1997 Department of Community and Economic Development, Engineering Division CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: The March 14, 1997 letter from United States Senator Slade Gorton to Mayor Lynn Buchanan contains a request for the submittal of demonstration projects. United States Senator Patty Murray has also invited the city to submit a specific proposal for mitigation of impacts from increased rail traffic. These projects are for special consideration in the reauthorization of the Surface Transportation Act. One of the most critical needs in this community is the grade separation of the existing railroad crossings in the downtown area to improve emergency vehicle access and reduce congestion. A project scope, feasibility and budget will need to be developed in a very short time in order to meet the submittal time line for Senators Gorton and Murray. The crossings selected for preliminary analysis and submittal are B Street and Lincoln Avenue. The preliminary analysis will also consider the costs and impacts of elevating the mainline tracks through the north part of the city. City of Yakima Resolution R 97-32 authorized The TRANSPO Group to develop a submittal to the Federal Railroad Administration for other railroad issues. This resolution will authorize amendment number 1 to the existing consultant agreement for the development of project budgets for submittal on the potential grade separations at two or more locations. The consultant cost for this scope of work is approximately $10,000. Resolution X Ordinance Contract Other (Specify) Letter & amendment Funding Source Cumulative Rerv�,or�. �' al Expense (392 APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to sign the amendment to the existing consultant agreement with The TRANSPO Group for railroad crossing grade separation analysis. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted . RESOLUTION NO_ _R-97-47 STANDARD CONSULTANT AGREEMENT CONSULTANT/ADDRESS/TELEPHONE THE TRANSPO GROUP, INC. 14335 NE 24th Street, Suite 201 Bellevue, Washington 98007 AGREEMENT NUMBER FEDERAL AID NO. PROJECT TITLE AND WORK DESCRIPTION CITY OF YAKIMA - 1997 Railroad Crossings Supplementary Safety Measures A 0 LUMP SUM LUMP SLIM AMOUNT$ R E E x COST PLUS FIXED FEE M E OVERHEAD PROGRESS PAYMENT RATE 1 R F % N T OVERHEAD COST METHOD DBE PARTICIPATION YES n NO % WBE PARTICIPATION ,r x ACTUAL COST NOT TO EXCEED 1 FF % 1.' .f I YES in NO Y P FIXED RATE % FEDERAL ID NO. OR S.S. NO. Do you require a 1099 for IRS? E FIXED FEE $ C H Q YES NO COMPLETION DATE April 1, 1 9 9 7 MAXIMUM AMOUNT PAYABLE $9,955.52 E SPECIFIC RATES OF PAY KNEGOTIATED HOURLY RATE PROVISIONAL HOURLY RATE 0 ECOST PER UNIT OF WORK THIS AGREEMENT, made and entered into this 18th day of FEBRUARY 1997 between the Local Agency of THE CITY OF YAK TMA , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: Local Agency Guidelines September 1995 Page 1 of 34 GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the competed work for this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. 111 GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, Cary or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum number of hours or days notice — required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "8" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULT- ANT, but may be extended by the AGENCY, in the event of a delay attributableto the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C' attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work". The CONSULTANT shall conform with all applicable portions of 48 CFR 31. Page20134 Local Agency Guidelines *...A,k.. 10OC VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit 0, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $ 10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consider- ation, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discre- tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered Local Agency Guidelines September 1995 employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise under any Workmen's compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- mentupgrading; demotion or transfer, recruitment or any recruitment advertising,a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal -assisted programs of the Department of Transportation, Title 49, Code of Page 3 of 34 Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selec- tion and retention of subconsultants, including procurements of materials and leases of equip- ment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C. SQLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT ONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the . i AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON- SULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180 and Executive Order number E.O. 77-13 of the Governor of the State of Washington which prohibits unfair employment practices. . Page 4 of 34 Local Agency ouldelines September 1995 (x TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT of the Notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT, the above formula for payment shall not % apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second p4r4graph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. Local Agency Guidelines September 1995 Page 5 of 34 XI DISPUTES Any dispute concerning questions of fact in connec- tion with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accor- dance 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 in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. The tONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- tration. By providing such assistance, the CONSULTANT shall assume no responsibility for. proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as other- wise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Page 6 of 34 Local Agency Guidelines September 1995 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. Local Agency Guidelines September 1995 XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREE- MENT accordingly. C.' ,The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this claust' shall excuse the CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. Page 7 of 34 XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A -I", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreerrseent not set forth herein. No changes, amendments, or modifications of the teams hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deerhtd to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, ONSULTANT, and does herebyaccept the AGREEMENT and agrees to all of the terms and conditions dereof in witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By By Consultant rP — eMvsfn 67 -i D 1 R.X. ZAIS, `JR., CITY MA A CITY OF YAKIMA Agmxy Principal KARE BERTS, CITY CL CITYCONTRACT NO. 97-d3 RESOLUTION NO. ,e-97- 3.Z Page 8of34 Local Agency Guidelines September 1995 r EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project No. `` l ,� / Local Agency CITY OF YAKIMA I hereby certify that I am -J P N re V �' P� 2 I'^ and duly authorized re sentative of the firm of THE iTPANS GRQI P INC_ p� whose address is 14335 NE 24th Street, Bellevue, Wa and that neither lnor the above firm Ihere represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicab State and Federal laws, both criminal and civil. —04/-7 Date � ! Signature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that 1 am the AGENCY Official of the Local Agency of Y A K T MA Washington and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Admin" tration, U.S. Department of Transportation, in connection with this contract involving partici o -of Federal aid highway funds and is subject to applicable State and Federal laws, both criminal and ci FEBRUARY 18, 1997 Date Signature Local Agency Guidelines September 1993 Page 9 of 34 EXHIBIT A-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MA'1'1'ERS-PRIMARY COVERED TRANSAC'T'IONS 1. 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 1.b. of this certification; and i (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. 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. C Consultant (Firm): J i1e f/ A thorized Official of Consultant (Signature) Page 10 of 34 Local Agency Guidelines September 1995 02/18/97 08:33 FAX 208 747 3888 TRANSPO Group a 003 EXHIBIT B-1 SCOPE OF WORK Project No. The CONSULTANT shall manage the contract and invoice the AGENCY in accordance with the AGREEMENT. An initial meeting shall be held to familiarize the CONSULTANT with the project and actions to date and concerns of the AGENCY and its citizens Current rail crossing standards will be discussed at the weeting. The AGENCY will turn over to the CONSULTANT aIl record drawings of the streets of importance DI the vicinity of the 5 rail crossings of the BNSF Mainline tracks: 1. I Street 2. D Street S. Lincoln Street 4. B Street 5. Yakima Avenue The CONSULTANT will perform a field inspection of the grade crossings and document the existing field conditions. Condiitons noted in the field that do not show on record drawings will be located to the accuracy of a measuring wheel. noting setbacks from curb lines or offsets from apparent street and track centerlines. No instillment sw_yey is iinpli d to be needed or requested. Specific truck operating requirements in the area of the crossing that may effect design considerations will be noted. The CONSULTANT will then prepare condition diagrams of the rail crossings and the vicinities around them on base sketches. preferably not to exceed 11 inches by 17 inches to size, developed from the record drawings and field inventories. Supplementary safety measures to the existing active rail crossing protection will be designed such that vehicles approaching or stopped for the gates will be prohibited. to the maximum extent permitted by design. from driving around them. These designs will be illustrated on the base sketches. clearly showing modifications to be needed. These will be incorporated into a draft report for AGENCY review. The report will include cost estimates of the designs prepared in cooperation with the AGENCY, using experience on recent bids. AGENCY review comments on the report and sketches will be discussed at a meeting. Agreed upon changes will be incorporated into the report which will be returned to the AGENCY for circulation of other agency and railroad comments. A second review meeting will be held with the AGENCY and any other commenters they invite. Review comments from that meeting will be incorporated, at the AGENCY's direction, into the final report and sketches. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT The following products will be furnished to the AGENCY by the CONSULTANT. All distributions of copies of products will be made by the AGENCY. 1. Five (5) copies of the DRAFT Report and Rail Crossing Sketches. 2. Ten (10) copies of the PROOF DRAFT Report and Rail Crossing Sketehrs. 3. Twenty-five (25) copies of the Final Report and Rail Crossing Sketches. and 4. Notes and records Bled by individual rail crossing used in preparing the above. 1(6671670165970165CP EXHIBIT C-2 PAYMENT (COST PLUS FIXED FEE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CH( 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessry to fulfill the ten= of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown hi the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead pay- ment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for briliing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Page 18 of 34 Local Agency Gadd:/Mas September 1995 c 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined intthis AGREEMENT and the estimated man -months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include 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 invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unfore- seen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work" 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to Local Agency Guidelines September 1995 Page 19 of 34 which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees 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 amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall consti- tute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the. event that such final audit reveals an overpayment to the CONSULTANT,. the CONSULTANT will refund such overpay- ment to the AGENCY within ninety (90) 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. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Pe9e 20 o(34 Local Agency Guldelbin September 1993 02/18/97 08:33 FAX 208 747 3688 TRANS PO Group 004 EXHIBIT D-1 CONSULTANT FEE DETERMINATION - SUMMARY SHEET PROJECT Yakima Safety Study - 5 Rail Crosgin A. DIRECT SALARY COST (DSC): Category Illi Hours Batt TOTAL 1 Principal 2 Engineer 5 3 Engineer 3 4 Engineer 2 5 Contr'Ieer 6 Tech'n/ Drafter 7 Clerical/ Secreetr'l 19 $44.10 $837.90 4 $31.20 $124.80 $22.70 68 $19.30 $1.312.40 2 $29.40 $58.80 18 $17.60 $316.80 j� $16.20 $194.40 Subtotal (DSC) 123 $23.13 $2.845.10 B. OVERHEAD (OH) COST: OH Rate x DSC or 1.86 x A $5.291.89 C. FIXED FEE (FF): FF Rate x DSC or 0.30 x A $853.53 $$.990.52 D. SUBCONSULTANTS: Ouote NONE (No Exhibit G) E. REIMBURSABLES: Mileage 'Navel Costs Reproduction Outside Color Copies Delivery & Communication GRAND TOTAL - ESTIMATED PRICE not BWIM S Estimate $465.00 $150.00 $50.00 $200.00 $100.00 (A+$+C+D+E) $965.00 $9,955.52 DATE: i //j7REVISION # V1?M 02/18/97 08:33 FAX 208 747 3688 TRANSPO Group EXHIBIT E BREAKDOWN OF OVERHEAD COSTS WI os The TRANSPO Group. Inc. 1995 OVERHEAD EXPENSES EXPENSE ACCOUNT DIRECT LABOR EXPENSE OVERHEAD FMENSES PAYROLL BURDEN Payroll Taxes Group Insurance Paid Leave Frnployec Pension & Profit Sharing SUBTOTAL-Payrnal Burden ADMINISTRATIVE LABOR Administrative Labor Bonuses SUBTOTAL -Administrative Labor GENERAL OFFICE EXPENSE Depreciation Professional Dues & Licenses Bus Development & Prof Meetings/Confs Insurance -Gen Liab, Prof Dab, & Key Interest Expense Cost of Money for 1995 Legal Accounting & Advisors Office Supplies/Repro/Equip Rental Communications Rent Repairs & Maintenance Business Taxes Professional T airing & Education Cost Recovery-Computer/Auto Miscellaneous & Contributions SUBTOTAL. General Office TaTAL - General & Administrative _ TOTAL OVERHEAD EXPENSE FAR Unallowable Extraordinary Expenses ALLOWABLE OVERHEAD 1995 Overheard 2/20/96 % Direct Labor Est FAR Unallowed Expense $578,404 100.0% $97,388 16.8% $4Z?28 7.4% $127,703 22.1% x.839 11.696 $334,658 57.9% $335.457 $41,500 $376,957 $51.058 $8.787 $28.104 $29,316 $19.824 $7.566 $18.339. $39.510 $22.732 $157.541 $50.572 $17,109 ($2,211) $10,765 $459,012 $835,969 58.096 7.296 $40.000 65.2% 8.896 1.5% 4.996 $1,720 5.196 $5.602 3.496 $ 19.824 L3% 3.2% 6.896 3900 3.996 27.2% 8.7% 3.096 -0.4% 1.904 $10.765 79.396 144.5% $ I,170,627 202.496 $78,811 $78.811 13.696 $16,000 2.8% $1.075,816 186.0% Checked by: `j4 ":'/- Jerry A• Webber P,rgsident EXHIBIT F PAYMENT UPON TERMINATION OF AGREEMENT BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the COb SULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Local Agency Guidelines September 1995 Page 29 of 34 RESOLUTION NO. R-97- 3 2 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with The TRANSPO Group, Inc., a civil engineering firm, for the development of safety improvement plans for five railroad crossings in the City of Yakima WHEREAS, the City of Yakima acknowledges the requirements of the Federal Railroad Administration and the Burlington Northern Santa Fe Railroad to provide Supplemental Safety Measures at five crossings in the city WHEREAS, the Yakima City Council deems it to be in the best interest of the city that the attached agreement document be executed by the City of Yakima, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with The TRANSPO Group, Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 18th day of February, 1997 ATTEST: City Clerk February 18, 1997 Si LYNN K. BUC: ayor Certified to be a true and corre,t cop cry, the original filed in m 9 y office. 4 /% CITY CLERK Deputy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of February 18, 1997 ITEM TITLE: Railroad Crossing Supplementary Safety Measures SUBMI I' I'ED BY: Department of Community and Economic Development Engineering Division CONTAC1 PERSON/TELEPHONE: Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: The Federal Railroad Administration and the Burlington Northern Santa Fe Railroad have indicated that in order to allow the trains through town without sounding whistles or horns for the street crossings, "Supplementary Safety Measures" must be in place at each crossing. The TRANSPO Group has been selected from the consultant roster on file. The TRANSPO Group was selected because of their availability and expertise to develop these measures for 5 crossings: l Street; D Street; Lincoln Avenue; B Street; and Yakima Avenue. The consultant will prepare a joint submittal for a "Pilot Project" to the Federal Railroad Administration from the city and the Burlington Northern Santa Fe Railroad. The attached consultant agreement with The TRANSPO Group will provide the studies and plans for the measures to be submitted to the Federal Railroad Administration. Resolution X Ordinance _Contract Other (Specify) Memo and Consultant Agreement Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution approving the Consultant Agreement BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution Adopted. Resolution Nn_ R-97-32 February 18, 1997 XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A -I", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deerfied to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, ANT, and does hereby accept the AGREE NT and agrees to all of the term and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By By .A. ZAIS, JR. , CITY ER CITY OF YAKIMA Consultant Agency ATTEST: .4111C KAR OBERTS, Principal CITYCONTRACT NO. CITY C 'ERK RESOLUTION NO. Page 8 of 34 Lou! Agency Guidelines Sepfentber 1995 EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project No. Local Agency CITY OF YAKIMA I hereby certify that I am and duly authorized representative of the firm of THE_TRANSPO GROUP, INC _ whose address is 14335 NE 24th Street, Bellevue, Wa and that neither Inor the above firmIhere represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contributicirt, donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the AGENCY Official of the Local Agency of YAK T MA Washington and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving partici i • f': of Federal id highway funds and is subject to applicable State and Federal laws, both criminal and FEBRUARY 18, _1997 Date Signature Local Agency Guidelines September 1995 Page 9 of 34 DATE: TO: FROM: CITY OF YAKIMA CITY CLERK'S OFFICE 7 p,e Aee-70c_t( _ ,IS8-701-( RE Notification of Council Action Taken on /e,4/i.--.e...04 4 54,c--7-7-7 41g-4 sz-es The Yakima City Council, at its meeting has considered the above mentioned topic, of which the following is provided: Attachment provided for your record keeping purposes lief Documents enclosed. Please sign and date; after making any needed copies for your office files, return one fully executed original to: Deputy City Clerk, City of Yakima, 129 North 2nd Street, Yakima, WA 98901. ( [] Disposition of petition: [] Other RESOLUTION NO. R-97- 32 • A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima- to execute an agreement with The TRANSPO Group, Inc., a civil engineering firm, for the development of safety improvement plans for five railroad crossings in the City of Yalcima WHEREAS, the City of Yakima acknowledges the requirements of the Federal Railroad Administration and the Burlington Northern Santa Fe Railroad to provide Supplemental Safety Measures at five crossings in the city • WHEREAS, the Yakima City Couu€il deems it to be in the best interest of the city that the attached agreement document be executed by the City of Yakima, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed , to execute an agreement with The TRANSPO Group, Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this lsth day of February, 1997 ATTEST: February 18, 1997 City Clerk