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09/17/2013 08 Street Scape Design Agreement with Hough Beck & Baird, Inc.; North First Street Revitalization Project
E BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 9/17/2013 ITEM TITLE: Resolution authorizing agreement with HBB Inc.for professional services related to street scape design of the North First Street Revitalization Project in the amount not to exceed $37,683. SUBMITTED BY: Debbie Cook, Director of Engineering and Utilities Brett Sheffield, Chief Engineer Joan Davenport, Strategic Project Manager SUMMARY EXPLANATION: This is a contract with Hough Beck & Baird, Inc (HBB) to provide professional landscape architecture services to develop limited options for consideration and the final street scape design, as well as prepare necessary construction documents for the North First Street Corridor Revitalization Project ( 1 -82 to "N" Street). The contract amount will not exceed $37,683. The project is included in the current Six Year Transportation Improvement Plan (STIP). The design and construction is funded from a Washington State grant under the Surface Transportation Program of $2.7 million. Resolution: X Other (Specify): Contract: X Start Date: September, 2013 Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: Contract Term: $37,683 End Date: December 2013 Amount: Included in the Surface Transportation Program grant funding for design and construction of $2,968,000 Improve the Built Environment APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Approve the resolution which authorizes the City Manager to execute the contract for professional services. ATTACHMENTS: Description Upload Date 0 RESOLUTION Professional Services HBB N 1st 91612013 St.docx Contract with HBB 91612013 0 UBE Insurance Type Cover Memo Cover Memo Cover Memo RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Hough Beck & Baird, Inc., not to exceed $37,683 to prepare a landscape and design work for the North First Street Corridor Revitalization Project, WHEREAS, the Yakima City Council has established that redevelopment of the entrance corridors into the City of Yakima, and especially North First Street, is an Economic Development priority; and WHEREAS, a community visioning process was conducted for the North First Street Corridor Revitalization Project in 2011 with the property owners and stakeholders who support the revitalization effort in this area; and WHEREAS, the City of Yakima was successful in receiving grant funds from the State of Washington to design and construct the first phase of the North First Street Corridor (from Interstate 82 to "N" Street, the conceptual design plans now require refinement and engineering level detail in order to prepare construction bid specifications, and WHEREAS, the City of Yakima followed the procedures established by the State of Washington to select a professional service firm using the Municipal Research and Service Center Professional Services Roster process. The process is used for the identification of the preferred firm to perform these services. Hough Beck & Baird, Inc. (HBB) submitted a Contractor Qualification Statement and was interviewed, then recommended by the Selection Committee and the property owners to be the preferred firm to prepare the North First Street Corridor Revitalization Options and Final Design services, and WHEREAS, the Scope of Work and Budget included in this Professional Services Agreement meet the needs and requirements of the City of Yakima for this project which are specified in Exhibit A -1 and generally consists of streetscape design options, attending limited meetings, facilitate selection of final design and preparation of construction plans, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Professional Services Agreement with HBB attached hereto and incorporated herein by this reference not to exceed Thirty- Seven, Thousand Six Hundred and Eighty Three dollars ($37,683) to provide the Professional Services as described in the Agreement, now, therefore, ADOPTED BY THE CITY COUNCIL this 17 n day of September, 2013. ATTEST: Sonya Claar -Tee, City Clerk Micah Cawley, Mayor Local Agency Cons u Ita nt/Add ress/Tel epho ne Standard Consultant Agreement ❑ Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes ❑ No % Federal ID Number or Social Security Number El Actual Cost Not To Exceed ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ❑ No ❑ Specific Rates Of Pay Total Amount Authorized $ ❑ Negotiated Hourly Rate El Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ Index of Exhibits (Check all that apply): ❑ Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ❑ Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates ❑ Exhibit F Overhead Cost ❑ Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee THIS AGREEMENT, made and entered into this between the Local Agency of ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ❑ Exhibit H Title VI Assurances ❑ Exhibit I Payment Upon Termination of Agreement ❑ Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ❑ Exhibit M -la Consultant Certification ❑ Exhibit M -lb Agency Official Certification ❑ Exhibit M -2 Certification - Primary ❑ Exhibit M -3 Lobbying Certification ❑ Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 day of , Washington, hereinafter called the "AGENCY" 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: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress 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 in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the 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. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant 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 sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may 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 Page 3 of 8 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 Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) 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 "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT 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 when 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 CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination 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. This 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 concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph 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 CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually 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, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall 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 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 or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or 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 or 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 or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall 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 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. 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 a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance 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 endorsements 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 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 ($1,000,000) 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. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (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 clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions 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 If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. 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 "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete 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 to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions 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 Consultant By Agency DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 Exhibit A -1 Scope of Work Proj ect No. Documents To Be Furnished By The Consultant DOT Form 140 -089 EF Exhibit A -1 Revised 6/05 30 July 2013 (Revised 21 August 2013) Mr. Brett H. Sheffield, PE Chief Engineer City of Yakima Department of Utilities & Engineering Engineering Division 129 N. Second Street Yakima, Washington 98901 RE: North First Street Corridor Revitalization Options and Final Design (North of N Street) Yakima, Washington Dear Brett: Hough Beck & Baird Inc. (HBB) is pleased to submit this revised proposal for Landscape Architecture services for North First Street (North of N Street). Also, we wish to thank you and City Staff for your time in reviewing this project with Colie. We are confident that our office can provide the professional services required to make the North First Street Corridor a success. We understand this project will include close coordination with City Staff, the Built Environment Council Committee, City Council and Community Stakeholders. The streetscape design process will generally include: design options and a public process to gather input and feedback on the options, a final preferred option, and landscape tile treatments for use by property and business owners along the corridor, and final design construction documents. Federal funds will be used in the planning, design, and /or construction of this project. Accordingly, the procedures outlined in the Local Agency Guidelines (LAG manual) will be used during development of the project. Our proposed scope of work will easily permit modification as we progress through the design process. The tasks that we are proposing for this project include the following: TASK 1: Streetscape Design Options HBB will prepare three (3) cross section options: The following options are subject to change as they go through the design process. The preferred option may consist of components from the various options creating a hybrid option. 1. Option One This is the existing option recommended by the Stakeholder Committee in 2011, which includes two travel lanes in each direction, a center left turn lane, trees in tree grates in the sidewalk zone, site furnishings, street and pedestrian lighting and sidewalks. 2. Option Two May include two travel lanes in each direction, a center left turn lane, continuous planting areas in the sidewalk zone with street trees, street and pedestrian lighting, site furnishings, and sidewalks. 3. Option Three May include two travel lanes in each direction, a planted median in lieu of the left turn lane except at the intersections, trees in tree grates in the sidewalk zone, lighting, site furnishings, and sidewalks. HBB will review the options with City Staff and make necessary revisions prior to proceeding with Task 2 photo simulations. Meeting: 0 Conference call with City Staff to review options Deliverables: • Three (3) color rendered cross sections with dimensions that illustrate each option North First Street July 30, 2013 (Revised August 21, 2013) Page 2 TASK 2: Photo Simulations Assistance City Staff will prepare six (6) "before and after" photo simulations; two (2) for each option at locations selected by the City. The photo simulations will include the improvements identified in each of the cross section design options described in Task 1 Streetscape Design Options. The photo simulations will be provided to HBB to add the Photo Objects (cars, people and plants). HBB retains the license for use of the Photo Objects, which are protected by copyright. Therefore, HBB needs to place them into the photo simulations. HBB will review the photo simulations with City Staff and make necessary Photo Object revisions prior to proceeding with Task 3. Meeting: 0 Conference call with City Staff to review photo simulations Deliverables: • Add Photo Objects to six (6) photo simulations, two (2) for each design option TASK 3: Meeting with the Built Environment Council Committee or City Council HBB will attend one (1) meeting with either the Built Environment Council Committee or a City Council briefing to review the cross section design options and the photo simulations. HBB will make any necessary revisions prior to proceeding with Task 4 the Community Stakeholder meeting. Meetings: 0 Built Environment Council Committee meeting or City Council briefing in Yakima Deliverables: 0 Revised cross section design options • Revised Photo Objects in the photo simulations TASK 4: Community Stakeholder Meeting (City Staff to Facilitate) City Staff will meet with the community stakeholders to present the cross section design options, and the photo simulations for three (3) options. The city will identify the community stakeholder representatives, print and mail the invitations, manage the City's project website, and prepare advertisements. TASK 5: Preferred Option HBB will review the results from Task 4 the Community Stakeholder Meeting with City Staff prior to preparing the preferred option. Meetings: 0 Conference call review with City Staff Deliverables: 0 One (1) preferred cross section option • Two (2) photo simulations prepared by City Staff for the preferred design option HBB will insert the Photo Objects (people, cars and plants) TASK 6: Landscape Tile Treatments HBB will prepare plant material options for the tile treatments for adjacent property and business owners to provide a cohesive character that reinforces the right -of -way improvements. We will provide options for landscape treatments with plant material cut sheets for City Staff to review. We will revise the landscape tiles based upon City Staff comments. After revisions, we will prepare the final landscape tile treatments with plant material cut sheets. Meetings: 0 Conference call review with City Staff Deliverables: 0 Draft and final landscape tiles with plant material cut sheets (digital copies) 0: IMarketinglProposa lslProposals113 -054 North 1st Street Design OptionslScope and FeeWorth First Street Scope.doc North First Street July 30, 2013 (Revised August 21, 2013) Page 3 TASK 7: 30% Construction Document Submittal Prepare 30% submittal, which will include: • Catalog cut sheets for: • Site furnishing: Three (3) options for benches, trash /litter /recycle receptacles, bike racks, and tree grates /guards • Street trees and street plantings options • Prepare 30% landscape design drawings and site furnishings • Recommend pavement pattern(s) and finishes for pedestrian crossing areas • Prepare square footage construction cost estimates for planting based on the 30% design drawings. Provide site furnishing unit pricing HBB senior licensed staff will perform a quality control review. Meetings: 0 Conference call coordination meeting with City Staff Deliverables: 0 Catalog cut sheets, 30% design drawings, sidewalk pavement pattern sketch, and cost estimate TASK 8: 70% Construction Document Submittal Prepare 70% landscape design drawings and details based on 30% submittal comments received from City Staff including: • Planting plan, plant schedule and construction details • Site furnishing plan, schedule, and details Prepare planting and site furnishings technical specifications and special provisions in WSDOT format based on 70% design drawings and details. Revise construction cost estimates based on 70% technical design drawings and details. HBB senior licensed staff will perform a quality control review. Meetings: 0 Conference call coordination meeting with City Staff Deliverables: • 70% design drawings, specifications, cost estimate TASK 9: 100% Construction Document Submittal Prepare 100% landscape design drawings and details based on 70% Submittal comments received from City Staff including: • Planting plan, schedule, and construction details • Site furnishing plan, schedule, and details Revise technical specifications and special provisions in WSDOT format based on 100% design documents. Revise construction cost estimates based on 100% design drawings and details. HBB senior licensed staff will perform a quality control review. Meetings: 0 Conference call coordination meeting with City Staff Deliverables: 0 100% design drawings, specifications, and cost estimate O:IMarketinglP oposalslP oposals113 -054 North 1st Street Design OptionslScope and FeeWorth First Street Scope.doc North First Street July 30, 2013 (Revised August 21, 2013) Page 4 In consideration of the above services, we are proposing the following estimated time and expense fee (not to exceed): TASK 1: Streetscape Design Options ............................................. ............................... $ 3,791.98 TASK 2: Photo Simulations Assistance ........................................... ............................... $ 2,607.14 TASK 3: Meeting with the Built Environment Council $ 20.00 Committee or City Council ................................................ ............................... $ 2,579.35 TASK 4: Community Stakeholder Meeting (City to Facilitate) ......... ............................... $ 0.00 TASK 5: Preferred Option ................................................................ ............................... $ 2,190.30 TASK 6: Landscape Tile Treatment ................................................ ............................... $ 3,958.71 TASK 7: 30% Construction Document Submittal ............................ ............................... $ 8,379.11 TASK 8: 70% Construction Document Submittal ............................ ............................... $ 7,861.85 TASK 9: 100% Construction Document Submittal .......................... ............................... $ 5,018.49 Expenses: ........................................................................................................................... $ 750.00 2014 Inflation: ..................................................................................................................... $ 545.80 TOTAL: $ 37,682.73 The following direct salary rates are effective through December 2013. A 1.5% inflation has been applied to reflect 2014 direct salary rate increases. 2013 direct salary rates Principal $ 64.00 LA/Project Manager $ 44.00 Design Staff $ 26.00 Computer & Tech Staff $ 24.25 Admin /Clerical Staff $ 20.00 Please see attached Exhibit A Fee Proposal. Expenses include travel, lodging, reproduction, printing and other project related costs (billed at 1.00). Assumptions: 1. City Staff will prepare the site photo simulations. HBB will insert the photo objects. 2. City will provide translation services for the Community Stakeholder meeting if necessary 3. HBB will provide planting and site furnishing special provision specifications only. The City will provide HBB their standard special provision specifications for planting and site furnishings if available. City will provide an electronic copy of the project specification template in Word format. 4. Site Survey and base plans will be provided by the city at 1 " =20' prior to beginning the 30% submittal. 5. Lighting design and drawings will be by others. 6. All construction drawings will be prepared in AutoCAD. Cost estimates will be prepared in Excel spreadsheets. 7. The project will be bid as one package. Any subsequent repackaging or bid alternates are not included at this time. 0: IMarketinglProposa lslProposals113 -054 North 1st Street Design OptionslScope and FeeWorth First Street Scope.doc North First Street July 30, 2013 (Revised August 21, 2013) Page 5 8. Bidding supporting and construction administration support services are not included. 9. It may be necessary to utilize an independent AutoCAD service company to meet the proposed schedule for the project. If necessary, time incurred by the independent AutoCAD service company will be billed at $75.00 /hour not exceed the Total Cost of Services. 10. The above fee is an estimate of how we expect to allocate our time. We reserve the right to move time between tasks as needed to accomplish the overall goals of the project. 11. Graphic design of banners and final details are not included. We are very excited about continuing our working with you on this project, and we are prepared to negotiate any adjustments in design services to meet the requirements of the project. If you have any questions regarding the above proposal, please call. Attachment: Exhibit A Fee Proposal �4iqt- Colie Hough -Beck, ASLA Principal 0: IMarketinglProposa lslProposals113 -054 North 1st Street Design OptionslScope and FeeWorth First Street Scope.doc AMIL MWashington State Department of Transportation Disadvantaged Business Enterprise Utilization Certification (Optional - Use only when DBE Consultant is Utilized) To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting Agency shall consider as non - responsive and shall reject any bid proposal that does not contain a DBE Certification which properly demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract. If the bidder is relying on the good faith effort method to meet the DBE assigned contract goal, documentation in addition to the certificate must be submitted with the bid proposal as support for such efforts. The successful bidder's DBE Certification shall be deemed a part of the resulting contract. Information on certified firms is available from OMWBE, telephone 360- 753 -9693. certifies that the Disadvantaged Business Enterprise Name of Bidder (DBE) Firms listed below have been contacted regarding participation on this project. If this bidder is successful on this project and is awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an "Amount to be Applied Towards Goal" is listed. (If necessary, use additional sheet.) Name of DBE Certificate Number Project Role * (Prime, Joint Venture, subcontractor, Manufacturer, Regular Dealer, Service Provider) Description of Work ; Amount to ** be Applied Towards Goal 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Disadvantaged Business Enterprise Subcontracting Goal: DBE Total $ * ** * Regular Dealer status must be approved prior to bid submittal by the Office of Equal Opportunity, Wash. State Dept. of Transportation, on each contract. ** See the section "Counting DBE Participation Toward Meeting the Goal" in the Contract Document. * ** The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal. In the event of an arithmeti difference between this total and the sum of the individual amounts listed above, then the sum of the amounts listed shall prevail an the total will be revised accordingly. DOT Form 140 -089 EF Exhibit B -1 Revised 7/07 (DOT Form 272 -056 EF Revised 7/07) Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: L Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6/05 Exhibit D -2 Payment (Cost Plus a 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 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 to all applicable portions of 48 CFR Part 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, direct non - salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. 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. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) 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. DOT Form 140 -089 EF Exhibit D -2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants 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 billing purposes is approved. The AGENCY, 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. Direct Non - Salary Costs: Direct Non - Salary 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 sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in 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 31.205 -46 "Travel Cost b. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services 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 in this AGREEMENT 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 for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen 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 $100,000 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 not be replenished. 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, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide 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 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, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims 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 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 overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of 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 (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E -1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Direct Salary Cost (DSC): Classification Man Hours Rate = = Cost X X X X X X X X X Total DSC = $ Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of %x$ Fixed Fee (FF): FF Rate x DSC of %x$ Reimbursables: Itemized Subconsultant Costs (See Exhibit G): Grand Total Prepared By: Date: DOT Form 140 -089 EF Exhibit E -1 Revised 6/05 North First Street Corridor Revitalization Options (North of N Street) Page 1 of 3 HBB Fee Proposal (Revised 8 -21 -2013) 1. STREETSCAPE DESIGN OPTIONS A. Prepare Three 3 Cross Section Options LAIPROJ. CAD /TECH I I I HOUGH BECK & BAIRD INC. PRINCIPAL MANAGER DESIGN STAFF STAFF ADMIN STAFF SUBTOTAL HOURS 1. STREETSCAPE DESIGN OPTIONS A. Prepare Three 3 Cross Section Options 6 2 30 B. Conference Call Review with City Staff 2 1 8 C. Revise Cross Section Options 1 6 SUBTOTAL (HRS) 9 0 2 36 0 47 2. PHOTO SIMULATION ASSISTANCE A. Add photo objects to the photo simulations 1 24 B. Conference Call Review with City Staff 2 1 8 C. Revise Photo Objects in Simulations 1 8 SUBTOTAL (HRS) 4 0 0 32 0 36 3. MEETING WITH THE BUILT ENVIRONMENT COUNCIL COMMITTEE OR CITY COUNCIL A. Attend Built Environment Council Committee or City Council Meeting 8 B. Revise Cross Section Options 2 1 8 C. Revise Photo Objects in Simulations 1 4 SUBTOTAL (HRS) 11 0 1 12 0 24 4. COMMUNITY STAKEHOLDER MEETING (CITY STAFF TO FACILITATE) 0 O:IMarketinglProposaislP oposais113 -054 North 1st Street Design OptbnslScope and FeeWBB Fee Proposai.xisx North First Street Corridor Revitalization Options (North of N Street) Page 2 of 3 HBB Fee Proposal (Revised 8 -21 -2013) 5. PREFERRED OPTION A. Develop Preferred Cross Section Option 6 8 B. Finalize Photo Objects in the Simulations of the Preferred Option 1 4 C. Conference Call Review with City Staff 2 SUBTOTAL (HRS) 9 0 0 12 0 21 6. LANDSCAPE TILE TREATMENTS A. Prepare Draft Landscape Tiles LAIPROJ. 8 CAD /TECH I I I HOUGH BECK & BAIRD INC. PRINCIPAL MANAGER DESIGN STAFF STAFF ADMIN STAFF SUBTOTAL HOURS 5. PREFERRED OPTION A. Develop Preferred Cross Section Option 6 8 B. Finalize Photo Objects in the Simulations of the Preferred Option 1 4 C. Conference Call Review with City Staff 2 SUBTOTAL (HRS) 9 0 0 12 0 21 6. LANDSCAPE TILE TREATMENTS A. Prepare Draft Landscape Tiles 4 8 12 20 B. Conference call review with City Staff 2 8 4 48 C. Revise and Prepare Final Landscape Tiles 1 2 6 8 2 D. Prepare Square Footage Construction Cost Estimates 1 6 1 SUBTOTAL (HRS) 7 10 0 28 0 45 7. 30% CONSTRUCTION DOCUMENT SUBMITTAL A. Prepare 30% catalog cutsheets 1 2 12 8 B. Prepare 30% Landscape Design Drawings 2 8 4 48 C. Recommend Sidewalk Paving Pattern 1 2 6 4 2 D. Prepare Square Footage Construction Cost Estimates 1 6 1 E. Quality Control Review 4 1 1 F. lConference Call Coordination Meeting 2 2 2 G. lResponses to 30% Submittal Review Comments 1 2 2 1 SUBTOTAL (HRS) 1 10 1 14 1 16 1 67 1 1 1 108 8. 70% CONSTRUCTION DOCUMENT SUBMITTAL A. Prepare 70% Planting Plan, Schedule and Details 1 2 6 40 B. Prepare Site Furnishings Plan, Schedule, and Details 1 2 12 C. Prepare Technical Specifications 2 6 2 D. Revise Cost Estimate 1 8 E. Conference Call Coordination Meeting 2 F. lQuality Control Review 6 2 2 G. lResponses to 30% Submittal Review Comments 1 2 2 1 SUBTOTAL (HRS) 11 11 12 64 3 101 9. 100% CONSTRUCTION DOCUMENT SUBMITTAL A. lPrepare 100% Planting Plan, Schedule and Details 0.5 1 4 20 B. lRevise Site Furnishings, Plan, Schedule, and Details 0.5 2 6 O:IMarketinglProposaislP oposais113 -054 North 1st Street Design OptbnslScope and FeeWBB Fee Proposai.xisx North First Street Corridor Revitalization Options (North of N Street) HBB Fee Proposal (Revised 8 -21 -2013) Page 3 of 3 C. Revise Technical Specifications LAIPROJ. 0.5 CAD /TECH I I I HOUGH BECK & BAIRD INC. PRINCIPAL MANAGER DESIGN STAFF STAFF ADMIN STAFF SUBTOTAL HOURS C. Revise Technical Specifications OVERHEAD (131.43 %) 0.5 2 $3,053.49 2 $545.80 D. Revise Cost Estimate TOTAL LABOR COST 0.5 4 E. Conference Call Coordination Meeting 2 F. Quality Control Review 6 2 2 G. Responses to 70% review comments 1 2 2 1 SUBTOTAL (HRS) 9.5 i 6.5 8 34 3 61 TOTAL (HRS) 1 70.5 1 41.5 1 39 1 285 1 7 1 443 DIRECT SALARY RATES 1 $64.00 1 $44.00 1 $26.00 1 $24.25 1 $20.00 TOTAL DIRECT SALARY COSTS 1 $4,512.00 1 $1,826.00 1 $1,014.00 1 $6,911.25 1 $140.00 1 $14,403.25 TOTAL DIRECT SALARY COSTS $14,403.25 OVERHEAD (131.43 %) $18,930.19 PROFIT (21.20 %) $3,053.49 2014 Inflation (1.5 %) $545.80 Expenses $750.00 TOTAL LABOR COST $37,682.73 O:IMarketinglProposaislP oposais113 -054 North 1st Street Design OptbnslScope and FeeWBB Fee Proposai.xisx Hough Beck & Baird Inc. Indirect Cost Rate Schedule Fiscal Year December 31, 2011 Description 11111alicial Statement Amount IJBB Adj, WSDOT A(Ij. Ref. Accepted Amount %- Direct Labor $ 394,931 661 39,619 M,O $ 435,211 100.00% Indirect Costs: F'ringe Benefits Holiday Pay $ 12,909 $ 12,909 2,97% Vacation 31,383 31,383 7.2)% Sick, Leave 5,573 5,573 1.28% Paid Time Off (PTO) 3,636 3,636 0,84% Payroll,raxe", 69,165 69,165 15 89% Corporate Taxes (1120) 9,966 ($9,966) A 0 000% Pension Contributions 17,670 17,070 406% Payroll Bonus 40,200 ($785) T 39,415 906% health Care Insurance 25,496 25,496 5.86% Key Mail Life Insurance 552 (552) B (0) 0.00% Total Fringe Benefits $ 216,550 $ (10,518) ($785) $ 205,247 47.16% General Overhead illoirect Salaries - Principals $ 25,967 $ 25,967 -5.97% Indirect Salaries - (Emp) 87,513 $ 2,685 $1 L425 M,O 101,623 23,3501c, Bid and Proposal (t nip) 19,397 19,397 4,46% Bid and Proposal (Pni) 44,767 44,767 10,290fa Payroll Variance/Uncompensated Overtime (55,118) 728 0 (54,390) -12,50% Consultants-lZcitiibLirs-,it)lc 114,771 (114,771) G 0 0.00% Laboratory Services - Reimbursable 100 (100) G 0 0,00% Travet & Lodging - Reimbursable 11,605 (11,605) G 0 0.00% Rel)rk)dLictioits-Reimbursable 4,690 (4,690) G 0 0,00% Metals- Reimbursable 1,359 (1,359) G 0 0.00% Misc, Reimbursable Expenses - Reimbursable 44,863 (44,863) Cl 0 0.00% Postage/Shipping/Delivery - Refinbursable 692 (692) G 0 0,00% Supplies & Periodicals - RebribUrsable 4,210 (4,210) G 0 0,00% Meals - WSDOT Not Allowed 237 (237) 1 0 0.00% Professional Development 3,520 (175) Q 3,345 0.77% Professional Registration & Dues 1,799 (223) 1) 1,575 0.36% Rent 81,807 81,867 18.81010 Office 5Upplicsiperiodielkls 16,005 16,005 3,68% Tel cpholle/callin) kill ication s 9,184 9,184 2• 1% Postage & Shipping 2,592 2,592 0,60% Repairs & Maintenance 25,797 25,797 5.93010 Other Office Expense 3,301 (638) (1,435) J,P 1,227 0,28% Legal 3,054 (284) j 2,770 0.64% Interest Expense 11,477 (11,477) C 0 0,00% ACCOUnting/Auditf Fax Prep. 1,500 (188) N 1,313 0.30% Batik Charges 1,325 (150) R 1,175 0,27% Professional Liability )nsurance 6,069 6,069 1.39% Other Ili& Premiums 5,066 5,066 1,16% Misc. Taxes & Licenses 29,581 29,581 6.80% Out -of = State licenses &'Fax 850 (850) K 0 0,000/0 Meals: Staff Meeting 1,287 (261) (643) I,S 383 0.090/0 Meals: Staff' Review 2.974 (314) (1,235) I,Q 1,425 0,33% Milealle/1'arking113us 8,496 (1,680) 1: 6,816 1.57% Travel & Lodging - Propkisals, 3,985 (461) Q 3,524 0,81% Repriiiis/])Iiotos/Iltiblic,itiotis 751 751 0.1701a Public Rdations/Contributions 1,815 (1,815) E, 0 0.00% Hough Buekdk 8mhd Inc. Indirect Cost Rate Schedule Fiscal Year December 3l,28l/ Hough Beek 4xood, Inc. ' Reviewed & Accepted 3151/ &o/ "Overhead Rate still subject mmSoDrAmm" x,fero*u tough Beck & Baird Aoj us( men ts; A Fmbm)|ovwneTs unallowable per 4oCrx3/.z05-4|(o)(|) B Key Man ufe Insurance unallowable per 4ucnRs|.zos'|aYvXtXvi) C Interest sxp*use unallowable per 48CBl3).25O-20 o 1.0w'ina unallowable per *&C|'n»|2(o'22Lobbying |� Contributions v, Donations unallowable per 4xcrux|.zuo'x F Pa,kivD for Owners only, unallowable per *ncpxs1,mw 8 Direct costs billed m clients per 4xcrx3).zm(a) H Advertising *yCn<o.20m(d) | Local "wn, per 48crx/!.zuo'|4 and vmooTnxvw Directive 1)|]'o0. except when the meal uo bona fide LwSoC'SmWill..Tv support costs, there must h*uno&ouo,m listing orpuq`|c who attended u`m°in:mwmvmvmoepexox,muhn*mw`. J xnom^e for Alaska iu not allocable per ^;CFn3\-zV|'4 K Montana, |doxo. Alaska and Oregon fees not allocable Per fxcrn3|.xo|'4 L Holidxy Party m Picnic unallowable M Adjust the direct labor base mt|mmnouoto('$6u and the indirect labor base fit the amourn of' $2,685 to tie to the direct dollars and indirect dollars of the time and payroll report. vvm|OT Adjustments: N Schedule & tax preparation fee *dJuwhmut per 48CFKJ|,2U5-4|(N& 48 Crn31.201'6(d) u Vnc*m pen sated Overtime mU"otme`/ per *xCrnzT||5 &oCxas'v/0.5'g|o,2 and 6-4|u The ,liremlabor base increased /�j, S;0,28N(me $66/mdjkvfirm)mx/ indirect faborincreased �yS/4�//0ov,$ImDwdj/yfirnV //m$o/.zsw(i�?cSn,//au04),.fi, z)p«pvK°m^nicetel�p/ied/ou*lm/r,y«nr8 P %723odjm Prof Reg &Does for lobbying and unallowable advertising and $|.4}zuqjm Office svp*^*,for lobbying, reasonableness, and non-prof mC� per o8crw's 3/,z05-zz`3|,2u|'z and 3|,zoa'/ Q $|/5°@m Prof D: flor entertainment, $1,235 ad.j to Stafffl3us Mtg Meals for undocumentcd expenses and (ips, ,aid $46)x4mTravel & Lodging for entertainment/excess per uicm� per «xcFx'o3),z05'/* and 3}20'46 A $|5ovdjvo/vo,t per *ucrx3Lzo5'zo' line of'vnmitfee S Meals: Staff Meeting account adJusted by WSDOT, and agreed estimate of unalloNvable by firm of 50% of ace financial statement vu|mnm per 48Cr R's 3|2O5'/3(h).3l,JV5'w. and 3)2O|'6(o) T Removed $785 ofbonUS per 48 CFR 31.205-6(f) - eNva bonus was not paid it) conformance with firms bonns policy and was not supportc& 11m^IMm/ Statement A,ovmo Description Amount 14BB Adj, WSDOTAdj )let, Amount V/fi'erunctim`s/Cn:ou 3`973 (3.973) |. V nou% Lobbying Activities |/u ()/b) o V VVn% xowmmog 11.738 <11.738> n n Uo% uvmrcimipn 28,925 0 z Total General Overhead $ ---366,75L 84,27% � Tmw} )^di,^uCmts &Dvc,xmd $ ---572,00L ����/,, Indirect Cost Rate 199,69% 142.86% 13L43% Hough Beek 4xood, Inc. ' Reviewed & Accepted 3151/ &o/ "Overhead Rate still subject mmSoDrAmm" x,fero*u tough Beck & Baird Aoj us( men ts; A Fmbm)|ovwneTs unallowable per 4oCrx3/.z05-4|(o)(|) B Key Man ufe Insurance unallowable per 4ucnRs|.zos'|aYvXtXvi) C Interest sxp*use unallowable per 48CBl3).25O-20 o 1.0w'ina unallowable per *&C|'n»|2(o'22Lobbying |� Contributions v, Donations unallowable per 4xcrux|.zuo'x F Pa,kivD for Owners only, unallowable per *ncpxs1,mw 8 Direct costs billed m clients per 4xcrx3).zm(a) H Advertising *yCn<o.20m(d) | Local "wn, per 48crx/!.zuo'|4 and vmooTnxvw Directive 1)|]'o0. except when the meal uo bona fide LwSoC'SmWill..Tv support costs, there must h*uno&ouo,m listing orpuq`|c who attended u`m°in:mwmvmvmoepexox,muhn*mw`. J xnom^e for Alaska iu not allocable per ^;CFn3\-zV|'4 K Montana, |doxo. Alaska and Oregon fees not allocable Per fxcrn3|.xo|'4 L Holidxy Party m Picnic unallowable M Adjust the direct labor base mt|mmnouoto('$6u and the indirect labor base fit the amourn of' $2,685 to tie to the direct dollars and indirect dollars of the time and payroll report. vvm|OT Adjustments: N Schedule & tax preparation fee *dJuwhmut per 48CFKJ|,2U5-4|(N& 48 Crn31.201'6(d) u Vnc*m pen sated Overtime mU"otme`/ per *xCrnzT||5 &oCxas'v/0.5'g|o,2 and 6-4|u The ,liremlabor base increased /�j, S;0,28N(me $66/mdjkvfirm)mx/ indirect faborincreased �yS/4�//0ov,$ImDwdj/yfirnV //m$o/.zsw(i�?cSn,//au04),.fi, z)p«pvK°m^nicetel�p/ied/ou*lm/r,y«nr8 P %723odjm Prof Reg &Does for lobbying and unallowable advertising and $|.4}zuqjm Office svp*^*,for lobbying, reasonableness, and non-prof mC� per o8crw's 3/,z05-zz`3|,2u|'z and 3|,zoa'/ Q $|/5°@m Prof D: flor entertainment, $1,235 ad.j to Stafffl3us Mtg Meals for undocumentcd expenses and (ips, ,aid $46)x4mTravel & Lodging for entertainment/excess per uicm� per «xcFx'o3),z05'/* and 3}20'46 A $|5ovdjvo/vo,t per *ucrx3Lzo5'zo' line of'vnmitfee S Meals: Staff Meeting account adJusted by WSDOT, and agreed estimate of unalloNvable by firm of 50% of ace financial statement vu|mnm per 48Cr R's 3|2O5'/3(h).3l,JV5'w. and 3)2O|'6(o) T Removed $785 ofbonUS per 48 CFR 31.205-6(f) - eNva bonus was not paid it) conformance with firms bonns policy and was not supportc& Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140 -089 EF Exhibit G Revised 6/05 Exhibit H Title VI Assurances During the performance 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 made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention 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 Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. 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 AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information 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 FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the 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 140 -089 EF Exhibit H Revised 6/05 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus 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. DOT Form 140 -089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there 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 error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public 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 be reduced from the consultant's agreement with the agency for the services on the project in 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 summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this 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. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim 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 of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively 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 claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) 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 payment for the agreement is subject to audit. Exhibit M -1(a) Certification Of Consultant I hereby certify that I am representative of the firm of Project No. Local Agency and duly authorized whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 Signature Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Signature Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. IL 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): (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 Supplemental Signature Consultant/Address/Telephone Page for Standard Consultant Agreement Agreement Number Project Title And Work Description Federal Aid Number Local Agency THIS AGREEMENT, made and entered into this between the Local Agency of day of Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT ". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By Consultant By Consultant DOT Form 140 -089 EF Appendix 31.910 Revised 6/05 LOCALAGENCY By Agency By Agency By Agency By Agency A °R°® CERTIFICATE OF LIABILITY INSURANCE g/4/2013YY) PRODUCER (206) 621 -6444 FAX: (206) 515 -0560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gurry and Rogers Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 5th Ave. #1825 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: TRAVELERS INDEMNITY CO HOUGH BECK & BAIRD, INC INSURER B: TRAVELERS PROPERTY CASUALTY 215 WESTLAKE AVE NORTH INSURER c TRAVELERS CASUALTY & SURETY INSURER D: SEATTLE WA 98109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YYYY POLICY EXPIRATION DATE MM /DD/YYYY LIMITS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r..." GENERAL LIABILITY Kari Di Julio /KD EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DA AGE To RENTED PR SEM ES (Ea occurrence) $ 300,000 A X CLAIMS MADE Ix I OCCUR 16809C538779 5/16/2013 5/16/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B X ALL OWNED AUTOS SCHEDULED AUTOS RA9C555322 5/16/2013 5/16/2014 X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR 1:1 CLAIMS MADE AGGREGATE $ 2,000,000 $ B X DEDUCTIBLE CUP9C555555 5/16/2013 5/16/2014 $ XCI RETENTION $ 5,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE 16809C538779 5/16/2013 5/16/2014 WCSTATU- OTH- TORY LIMITS X ER E.L. EACH ACCIDENT $ 1-1000,000 A OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C OTHERPROFESSIONAL 105277406 5/16/2013 5/16/2014 Each Claim $1,000,000 LIABILITY Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS City of Yakima is named as additional insured. re: North First Street Corridor Revitalization Options and Final Design (North of N Street) Yakima, Washington. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS026 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Yakima DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn : Brett Sheffield, P.E. Engineering Division NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 129 N. Second Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Yakima, WA 98901 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r..." Kari Di Julio /KD ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS026 (200901) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 168090538779 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Yakima (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1982