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HomeMy WebLinkAboutR-2014-063 North First Street Revitalization Project, Phase 1, Planning Agreement with HDJ Design GroupA RESOLUTION RESOLUTION NO. R-2014-063 authorizing the City Manager to execute a Professional Services Agreement with HDJ Design Group, PLLC not to exceed $225,000 to prepare civil engineering plans and specifications for the North First Street Revitalization Project, Phase 1 WHEREAS, the Yakima City Council has established that the revitalization of the North First Street Corridor is an "Economic Development" and "Improving the Build Environment" priority; and WHEREAS, the City of Yakima has followed the procedures established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm to prepare the engineering plans and specifications for the construction bid process; and WHEREAS, HDJ Design Group, PLLC submitted a Contractor Qualification Statement, was interviewed, and recommended by a 6 -person Selection Committee consisting of stakeholders and professional staff and determined to be the preferred firm to prepare the engineering plans; 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; 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 HDJ Design Group, PLLC attached hereto and incorporated herein by this reference not to exceed Two Hundred Twenty -Five Thousand dollars ($225,000) to provide the Professional Services as described in the Agreement, now, therefore, ADOPTED BY THE CITY COUNCIL this 6th day of May 2014. ATTEST: Micah Cawley/Mayor .41 ki n a Claa Tee, City Clerk Local Agency Standard Consultant Agreement Consultant/Address/Telephone HDJ Design Group, PLLC 314 W. 15th Street Vancouver, WA 98660-2927 (360) 695-3488 1 Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number TA -4804 Project Title And Work Description North 1st Street Revitalization Rehabilitate pavement and lane markings, enhance street and pedestrian lighting, construct median islands, and install various pedestrian and decorative elements. Federal Aid Number STPUS-4579(011) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed ❑ Fixed Overhead Rate Fixed Fee $ % DBE Participation % % ❑ Yes 0 No Federal ID Number or Social Security Number 94-1097492 % Do you require a 1099 for IRS? ❑ Yes ❑ No Completion Date December 31, 2016 Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 219,970.90 ►X4 Specific Rates Of Pay ►I Negotiated Hourly Rate 5,000.00 ' 0 Provisional Hourly Rate 224,970.90 ❑ Cost Per Unit of Work 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 "nto this ® 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 between the Local Agency of City of Yakima day of , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Revised 09/2013 Page 1 of 8 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: 1 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. 11 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. 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, 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 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 fmal 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 written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000) per occurrences and two million dollars ($2,000,000) in the aggregate for each policy period. 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. Page6of8 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 wri ten 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 ofparagraphs (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)i' 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 late" box on page one (1) of this AGREEMENT By By consultant Gregory P. Jel son Agency City of Ya ima DOT Page 8 of 8 CITY CONTRACT NO. D/ V- 0.8(p RESOLUTION NO: PO/V-442_, See attached Scope of Work Exhibit A-1 Scope of Work Project No. Docume See attached 'cope of work is To Be Furnished By The Consultant DOT Form 140-089 EF ExhibitA-1 Revised 6/05 EXHIBIT A SCOPE OF WORK Engineering Design Services North 1st Street Revitalization Project N Street to SR -12 City of Yakima, WA The Standard WSDOT Local Agency Consultant Agreement is amended and supplemented to include the following provisions regarding the Scope of Services. Project Description and Background The City of Yakima seeks to improve the northern section of the North 1" Street corridor, from N Street to State Route 12 (SR -12). North 1St Street is classified as a principal arterial and the City recently received a Surface Transportation Program (STP) grant to revitalize this corridor into the downtown area. The project will replace the existing sidewalk, install street lighting and pedestrian lighting, and make other upgrades to improve this important entrance into downtown Yakima. On March 24, 2014, HDJ Design Group, PLLC (CONSULTANT) was selected by the City of Yakima (City) to provided design engineering services for the North 1st Street Revitalization Project. The consultant selection also included the option for the City to supplement this agreement for Construction Administration services. Hough -Beck and Baird (HBB), a landscape architectural firm was previously contracted by the City to develop a preferred roadway cross-section. The preferred cross section includes four travel lanes plus center turn lanes where needed for access. It also includes a landscaped median where necessary for access management, new curbs and sidewalks, tree grates and street trees, and street/pedestrian lighting. HDJ will coordinate closely with HBB on the overall design and will incorporate landscape architectural plans prepared by HBB into the final construction plans. As part of the HDJ Team approach, we will utilize as much of the prior work as possible in order to retain the value of that effort and to meet the city's desired 2015 construction schedule. The City contracted previously with MBG Surveying and HDJ will use that topographic survey data for design purposes. If additional topographic survey is necessary, then MBG will contract directly with the City to provide the additional data. HDJ Design Group (HDJ) will complete this project with a design team that includes Civil Engineering, Traffic/Transportation Engineering, Environmental, Geotechnical Engineering, Public Involvement, and Right of Way Acquisition Services. In general, the engineering phase will involve, but not be limited to, the following key components and deliverables: 1) Public Outreach 2) Access Management 3) Limited Geotechnical Report 4) Cultural Resources Survey 5) Environmental Permitting 6) 30% Conceptual Design Submittal 7) 60% Design Submittal with Cost Estimate City of Yakima, Washington North 1st Street Revitalization Project — N Street to SR -12 April 7, 2014 Pagel of 15 8) 90% Design Submittal with Specification 9) Right of Way Acquisition Assistance 10) Coordinate & Prepare Construction Stormwater General Permit 11) Final Design Submittal (Bid Ready) Documents 12) Prepare Exhibits and Participate in Public Meetings 13) Completing final plans, specifications, and estimate (PS&E) for the project 14) Assist in Bidding and Award 15) Supplemental if requested — Provide Construction Administration including on-site observation and testing of materials and overall construction administration. Assumptions The design will be based on the following assumptions: • The City intends for this project to start construction in 2015. • This project is federally funded. • Assume that no retaining walls will be required. • Assume that storm sewer work will be within the project limits of N street to the US 12 Interchange. No storm sewer design work will be performed on the outfall to Rotary Lake. • Assume that plan review will be by City of Yakima, with additional review by WSDOT Local Programs, and FHWA due to funding of the project. • Assume that there will be up to 8 design meetings, one access management workshop and open house. One additional Public Outreach meeting and 2 Council meetings at the City of Yakima. • HDJ will be responsible for providing 30 bound copies of the plans and specifications for potential bidders. The City will hand e advertisement and manage the bidding process. TASK 1— PROJECT ADMINISTRATION HDJ shall oversee project tasks and coordinate with City representatives to manage the scope, schedule and budget for the design engineering phase. Subtask 1.1— Contract Administration, Invoicing, and Progress Reports 1) Prepare and submit monthly invoices. Each invoice will include: date period covered by invoice, number of hours worked during the billing period with billing rates shown; expenses and associated mark-ups; total cost for Labor and expenses for the billing period; subconsultants fees including markups for the billing period; and a total amount summarizing labor, expenses, and subconsultant fees. The only markup for subconsultants will be for the B&O Tax no additional markup will be included in the billing by HDJ. 2) Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will list each invoice as well as current invoice with an itemized summary of invoice numbers, dates, and amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The Contract Summary Report will also list the total amount billed to date, total amount remaining under contract, and contract expiration date. 3) Prepare a brief Project Status Report to accompany the monthly invoices. The Project Status Report will include: date period covered by Status Report, brief summary of work performed during the billing period, a notice to CITY raising any issues or concerns that could require a contract amendment/supplement, is brief summary of completed and/or upcoming project milestones, and action items needed from CITY for project delivery. CONSULTANT shall monitor the status of the City of Yakima, Washington North 1st Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 2 of 15 budget and take corrective actions to correct undesirable budget trends involving the CITY if scope is impacted. 4) Prepare and maintain project design schedule. The schedule shall identify CONSULTANT tasks and items provided by CITY and other consultants. The schedule shall be updated every month or as circumstances require or as requested by the CITY. 5) Project Management. General coordination with client, subconsultants, other consultants, and stakeholders and ongoing monitoring of tasks and resources. 6) Maintain all contract -required documentation. Provide copies of project files and records to the CITY for audits and public information requests. All final documents shall be provided in electronic format as requested. 7) Deliverables: a) Monthly invoices, Contract Summary Reports, and Project Status Reports. b) Project Design Schedule and updates c) Project Documentation Subtask 1.2 — Meetings This item includes the coordination and meetings necessary to successfully complete the project. 1) Attend project kickoff meeting in Yakima 2) Internal HDJ design team coordination and meetings 3) Preparation and submittal of a pre -design memorandum 4) Meet with City staff after the review of the 30%, 60%, 90%, and Final plan submittals 5) Site Visit and photo documentation. Project photos of each property at regular overlapping intervals taken perpendicular to centerline and parallel to centerline in the direction of traffic flow. 6) Attend up to 2 Public Outreach meetings and 2 Council meeting at the City of Yakima. 7) Deliverables: a) Meeting Agendas and Meeting Summaries b) Project Photos TASK 2 — DATA COLLECTION Subtask 2.1— Surveying and Base Map HDJ will review the topographic survey and base mapping provided by MBG and the CITY and will request additional data as necessary to complete the design. CONSULTANT will conduct site visits, take project photos of every property and conduct field verification of survey data represented in project base map. CONSULTANT will use photographs to document pre -project conditions. CONSULTANT shall verify CADD standards. 1) Review existing topographic survey. Confirm that data is accurate and complete. Bring survey into compatibility with current City software and layering protocol. 2) Take project photos 3) Deliverables: a) Updated project base map b) Project Photos City of Yakima, Washington North 1st Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 3of15 Subtask 2.2 — Geotechnical Investigation As part of our geotechnical scope of work, Hart Crowser will conduct a limited pavement study to evaluate pavement and soil conditions along the project alignment. The pavement study will be geared towards determining the existing "as built" pavement configuration; analysis of new or rehabilitated pavement sections will not be completed under this scope. Subsurface explorations and in situ testing will not be completed under this scope. LIMITED PAVEMENT STUDY Scope of Work Hart Crowser will provide the following services for the limited pavement study: 1) Notify the "One Call" service for public utility locates. 2) Prepare traffic control plans for the field explorations. Submit traffic control plans to the City for review and approval. 3) Advance 6 to 8 cores to 2 feet deep to determine the thicknesses of the existing asphalt, concrete, and aggregate base layer. 4) Provide traffic control during coring work. 5) Prepare a draft pavement memorandum summarizing the results of the coring and presenting as -built thicknesses of the existing pavement section. 6) Prepare a final pavement memorandum incorporating requested changes/updates from the project team's review of the draft pavement memorandum. 7) Provide project management and support for our work, including coordinating Hart Crowser staff and subcontractors, invoicing, email and telephone communications with the project team, other incidental administrative services required for the project, and attendance at up to one project meeting in HDJ's Vancouver office. Assumptions and Limitations The above pavement study scope of work and attached fee estimate are based upon the following assumptions and limitations: 1) Field work will be performed during daylight hours with approved traffic control. 2) HDJ survey crews will or others will mark the proposed core locations in white paint on the pavement prior at least one week prior to our field work. 3) If needed, the City will issue a street use permit at no cost to the Consultant. 4) Analysis of new or rehabilitated pavement sections will not be completed. Deliverables a) Draft pavement memorandum (electronic PDF copy) b) Final pavement memorandum (electronic PDF copy and up to 5 hard copies) Documents/Materials to be Furnished by the City or Others 1) Site topographic survey and plans in AutoCAD format. 2) Street use permit. City of Yakima, Washington North 1St Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 4 of 15 TASK 3 — PERMITTING Subtask 3.1 — Application and Permits HDJ will coordinate with the Department of Ecology for the Construction Stormwater General Permit application and transfer of permit to the selected Contractor. HDJ will also prepare the NOI Application for City signature and submittal. HDJ will prepare the Transfer of Coverage and Notice of Termination forms for the City and Contractor signature and submittal, which will constitute transfer of coverage to the Contractor. HDJ will prepare a draftTemporary Erosion and Sediment Control (TESC) Plan as part of the Construction Plans that the Contractor may or may not use in the Stormwater Pollution Prevention Plan (SWPPP) that the Contractor develops for the construction site. Deliverables: a) Prepare NOI Application b) Prepare draft TESC Plan c) Prepare Transfer of Coverage Form d) Prepare Notice of Termination Form TASK 4— ENVIRONMENTAL HDJ and Widener and Associates (W&A) will perform the environmental permitting and coordination for this project. This Scope of Work is intended to complete the NEPA documentation and federal permitting for the project. It is anticipated that the following environmental documentation will be required: • Section 106 Documentation • Biological Assessment • Environmental Justice • Hazmat Memo • Environmental Classification Summary Subtask 4.1— Design Assistance and Early Agency Coordination W&A will provide early input into the formation of project alternatives to ensure each alternative includes provisions to minimize impacts to the surrounding environment. This coordination within the various design elements of the project will identify and incorporate minimization measures early in the alternative development phase of the project and will ensure that an appropriate range of alternatives are developed prior to the agency coordination. Subtask 4.2 — Section 106 Consultation This work would include the preparation of the Section 106 report in accordance with the State Historic Preservation Office standards and guidelines. The work will include the following subtasks. 1) Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2) Widener will maintain contact with the local tribes through WSDOT for any information on historic Indian use of the project area. City of Yakima, Washington North ist Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 5 of 15 3) A systematic field reconnaissance will be conducted to identify previously recorded and/or unrecorded archaeologica sites for the proposed project where ground -disturbing activities are expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area. Shovel probes (digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to have a high probability for cultural resources. Shovel probes will be augmented through auger probes to explore the deepest possible deposits. Shovel probes will be screened in highly probable areas and in soil matrixes too dense to identify small chipping debris. 4) All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted to the state Office of Archeological and Historic Preservation (OAHP) for Smithsonian numbers. Every effort will be made to include Tribal cultural resources personnel in assisting the field effort. Rights -of -entry will be provided by the City. Assumptions 1) The project limits are from N No archeological exploration interchange or around Rotar street north to the south side of the US 12 interchange with N 1st Street. will be performed north of the project limit, through the US 12 Lake, the Naches or Yakima Rivers. Deliverables 1) An Area of Potential Effect (APE) 2) Final Section 106 Report Subtask 4.3 — Biological Assessment Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Consultant will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be "no effect" and completed on as part of the ECS) and an EFH evaluation. We will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed for this project. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided by the design team. Assumptions 1) The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables No deliverable; the results of Subtask 4.4— Environmental Justice the investigation will be documented as part of the ECS. urvey Services required to complete an Environmental Justice (EJ) analysis includes the following main components: 1) Collecting demographic data for the project area using local data sources and the US Census Data. 2) Identifying any environmental justice populations in the area (minority or low-income populations). 3) Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project plann ng and decision-making. City of Yakima, Washington North 1st Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 6 of 15 4) Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. 5) Deliverables a) Three copies of the draft EJ documentation will be provided. b) Three copies of the final EJ documentation will be provided incorporating City comments. c) Three copies of the final EJ documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 4.5— Hazardous Materials Memo A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the overcrossing project. Sites with potential for environmental issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The scope of services for this study will include: 1) A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 2) A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 3) Conduct of a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination.. 4) A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on-site or off-site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. 5) Deliverables a) Three copies of the draft Hazmat Memo will be provided. b) Three copies of the Hazmat Memo will be provided incorporating City comments. c) Three copies of the final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 4.6 — NEPA Documentation and Approval Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project -specific data to the form and coordinating approval for the project by both WSDOT and FHWA. 1) Deliverables a. Three copies of the draft ECS will be provided. b. Three copies of the final ECS documentation will be provided incorporating City comments. City of Yakima, Washington North 1St Street Revitalization Project - N Street to SR -12 April 7, 2014 Page 7of15 c. Three copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 4.7 — SEPA Documentation and Approval HDJ will supply information to the City for completion of the SEPA documentation, including all needed studies, modeling, and analysis in accordance with State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-11). HDJ will coordinate with the City to address comments on the SEPA Checklist and provide support for the SEPA process. The City presently anticipates a SEPA Mitigated Determination of Non Significance. 1) Deliverables a. Information and data for the SEPA checklist Assumptions 1) The City will complete and file the SEPA checklist. The City will obtain the Determination of Non - Significance TASK 5 — MEDIAN PLACEMENT CONCEPT DEVELOPMENT AND EVALUATION Objective A bottom-up public engagement approach will be used to develop a median placement and corridor access management plan for the North 1st Street study corridor. A 1 -day workshop will be held with corridor property owners, business owners, stakeholders, and public to identify the following: • Present and review information about existing conditions, opportunities, and constraints. • Identify key constraints for median placement/access management. • Develop an initial set of median placement and access management alternatives (through maps and graphics) and conduct a high- evel screening of the alternatives. • Refine and select a preliminarily preferred median placement/access management plan for the corridor. Subtasks 5.1 Obtain an electronic aerial photograph of the study area from the City. 5.2 Obtain the current GIS mapping for the study area from the City: This will include, but is not limited to: a. Parcels b. Rights-of-way and easements c. Road centerlines d. Physical infrastructure (railroad, signals, storm drain, bridge, utilities, etc.) e. Environmental features 5.3 Inventory and generally assess the following in the study area: a. Existing roadways b. Existing zoning, type, and location of current land uses c. Existing public and private access driveways d. Traffic control devices e. Existing and year 2035 traffic volumes (peak hour and daily where available) - (all traffic volume information will be provided by the City) 5.4 Identify land use development patterns and vacant land within the study area and in the nearby area. 5.5 Develop a project map (aer al background) to establish the base existing conditions for the study corridor, including but not limited to: City of Yakima, Washington North 1St Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 8 of 15 a. Project study area boundary b. Existing land use and zoning c. Existing parcels and access driveways d. Existing transportation facilities and traffic control e. Existing traffic volumes (peak hour and daily) and operations f. Programmed and planned transportation facilities g. Year 2035 traffic volumes (peak hour and daily) and operations (all traffic volume information will be provided to us by the City) 5.6 Workshop coordination meeting (via conference call) with City staff to discuss meeting logistics, expectations, and responsibilities. 5.7 Prepare and develop a presentation, hands-on tools, maps, and other materials for the workshop. 5.8 Workshop — Conduct a one -day median placement and access management workshop. The workshop must incorporate the following activities: a. Opening session with key members of the consultant team, city staff, and property/business/citizen stakeholders to review and discuss existing conditions, opportunities, and constraints. b. Consultant team and city -staff design sessions to develop and illustrate different concepts. c. Review session with identified property/business/citizen stakeholders to review and refine alternatives. d. An evening public open house to review the Workshop results and solicit feedback from all previously involved and the larger citizen community. 5.9 Prepare a workshop report that describes the following: a. Results of meetings, discussions, and comments b. Summary of concepts developed and reviewed during the process c. Presentation of the preferred median placement/access management alternative including maps, illustrations, and narrative text. Project Team Deliverables 5A Base mapping for the workshop 5B Prepare for and lead the workshop 5C Workshop Report City Responsibilities • City will develop the property owner, business owner, stakeholder contact list. • City shall provide a location for the workshop which must include sufficient space for design work and space for meetings with corridor property owners, business owners, stakeholders, and public citizens. • City shall provide all identified GIS base mapping layers. • City will notify community members about the workshop and opportunities to participate via posting workshop announcements via local media announcements and working with community groups to encourage their constituents to attend. TASK 6 — RIGHT OF WAY SERVICES Subtask 6.1— Temporary Construction Permits (TCP) HDJ, and Universal Field Services will work together to accomplish this item of work. This item includes all work necessary to identify TCP needs, and acquire TCP's as defined below. The negotiation phase cannot start until NEPA is completed and approved by FHWA and all work will be completed in accordance with WSDOT LAG Manual requirements. It is assumed that up to 22 TCP's for driveway reconnections will be required. It is also City of Yakima, Washington North 1st Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 9 of 15 assumed that no right-of-way acquisition or temporary construction permits are required and therefore no appraisals will be required. 1) Project Meetings — Universal's project manager or agent will be available for team meetings as needed. 2) Title Reports and Documents — City/HDJ to provide property owner list and tax lot information. Title reports will not be needed for this project. City to provide document formats, or if needed, Universal Field Services (UFS) will submit examples for review. 3) Property Appraisals — Apprlaisalswill not be required. 4) Owner Contacts — With prior approval from the City, UFS will mail each property owner temporary construction permits for thie reconnection of the access to their property. UFS will send out a project information letter with a copy of the temporary construction permit document and a return envelope for the owner's review. Universal will follow up with a phone call with each property owner to resolve issues if any and to answer questions from the owners. If Universal is unable to get the needed signatures, the agent will notify HDJ/City for a follow-up from the City. 5) Universal will provide HDJ with a weekly tracking report on the status of the project. 6) File Completion - Provide the City with a file of all executed documents for each temporary construction permit. The file will include the written contact report with each property owner and all correspondence, including Jany electronic correspondence. Assumptions 1) Owner Contacts — UFS will work with each property owner to reach satisfactory agreement to obtain temporary construction permits for the reconnection of the access to their property. UFS will send out a project information letter with a copy of the temporary construction permit document and a return envelope for the owner's review. Universal will follow up with a phone call with each property owner to resolve issues if any and to answer questions from the owners. If Universal is unable to get the needed signatures, the agent will notify HDJ/City for a follow-up from the City. TASK 7 — UTILITY COORDINATION HDJ will perform utility coordination for this project portion of the project will be handled by Murray Smith and Associates. Subtask 7.1— Utility Coordination 1) Identify all utilities and obtain system mapping from utilities located within the project limits. Use this mapping to verify project base -mapping from survey and existing GIS data. 2) Conduct a full reconnaissance of the entire project area to determine visual evidence of underground and aboveground utility facilities and confirm utility provided facility maps and project base map completeness. 3) Coordinate with overhead utility providers for undergrounding of their lines within a joint utility trench. 4) Coordinate with utility providers on three-dimensional location information on select underground utilities that may be in conflict with the project work and coordinate with the utility owners to resolve those potential conflicts. 5) Submit a monthly report summarizing the type of contact made with each utility, the status of work on each utility relocation plan and the anticipated completion date of each phase or activity for both City and non -City owned utilities. City of Yakima, Washington North 1" Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 10 of 15 Subtask 7.2 - Utility Meetings 1) Prepare for and attend up to two meetings for strategizing and planning utility coordination and relocations with City and/or Project Design Team 2) Organize group/individual utility meetings as necessary to provide latest overall project information. Such meetings will address known facilities, potential for impact, timing requirements for potential relocations, initial information of reimbursable requirements. Meetings will also allow the exchange of each utility's relocation plans with the other utilities in order to maximize compatibility of relocation designs and utility and roadway construction sequencing. Organize up to two meetings. Prepare and transmit meeting agendas and meeting summaries to all concerned parties. City of Yakima, Washington North 15t Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 11 of 15 TASK 8 — DESIGN Subtask 8.1— 30% Plan Preparation This item includes all work necessary to bring the design to a 30% design phase for incorporation in the environmental permit documentation. 1) The 30% civil plans shall include: a) Cover Sheet. - b) Civil Legend Sheet c) Plan over Profile Sheets showing basic roadway geometry information and incorporating recommended median locations and access management implementation. d) Plan sheets showing conceptual utility layout for any new water, sanitary sewer, storm, and joint utility trenches. 2) Deliverables: a. 30% Civil Plans (3 copies on 11X17 and a PDF of the plan set) b. 30% Construction Cost Estimate Subtask 8.2 — 60% Submittal This item includes work necessary to temporary construction permit needh bring the design to a 60% plan phase and determine project impacts and as defined below. 1. The 60% civil plans shall include: a. Cover Sheet b. Civil Legend Sheet c. Typical Sections d. Plan over Profile Sheets showing basic roadway geometry information e. Utility Plan — Updated general concepts and locations for water, and stormwater facilities. No sanitary sewer line replacement or installation is proposed or included. f. Joint Utility Trench Plan for undergrounding of overhead utilities. g. Intersection Layouts h. Preliminary Erosion Control and Grading Plans i. Preliminary Erosion Control Notes Detail Sheets j. Preliminary Site Prep/Demolition Plans k. Preliminary street light and pedestrian light layout based on details and fixtures provided by the City of Yakima and used previously on the Yakima Avenue corridor. I. Preliminary Construction Staging Plans m. Preliminary Construction Signing Plan n. Preliminary Landscape Plans provided by HBB under separate contract with the City and incorporated in the HDJ plan set. o. Preliminary signing and striping plan. 2. Detailed geometric layout of intersections and grading for ADA purposes. 3. Preliminary cut and fill line determination. 4. Preliminary stormwater analysis using HydroCAD software, preliminary basin delineation map, and conceptual layout. 5. Coordination in Task 7 with dry utility companies for the relocation of their facilities. HDJ will provide AutoCAD copy of the plans to assist the utility companies with their relocations. City of Yakima, Washington North ist Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 12 of 15 6. Calculate quantities and prepare a 60% engineer's estimate of construction costs shown on the civil plans. 7. Submit 60% plan set and cost estimate for review 8. Deliverables a. 60% Level Plans, including Cost Estimates (3 copies of the plans 11X17 and a PDF of the plan set and cost estimate) Sub -task 8.3 — 90% Submittal This item includes all work necessary to bring the design to a 90% plan phase as defined below. 1. Address the 60% comments. The 90% plan set shall include the following and be approximately 40 sheets: a) Cover Sheet b) General Notes and Legend Sheet c) Typical Sections d) Erosion Control and Grading Plans e) Erosion Control Notes Detail Sheets f) Site Prep/Demolition Plans g) Plan over Profile Sheets h) Utility Plan and Profile for water, stormwater, and the joint utility trench. i) Stormwater Facility Plan and Detail Sheet j) Miscellaneous Details Sheet k) Signing and Striping Plan I) Lighting plan with details of luminaires, conduits and power m) Site specific Traffic Control Plans n) Construction Staging Plans o) Construction Signing Plan p) Standard Detail Sheets q) Landscape Plans incorporated from HBB r) Landscape Detail Sheets from HBB s) Preliminary Irrigation Plans by HDJ t) Preliminary Irrigation Detail Sheet by HDJ 2. Compile preliminary stormwater analysis from 60%, update the analysis to match the 90% level design and prepare the preliminary stormwater report. 3. Compute quantities and prepare an engineer's estimate of construction costs shown on the plans. Identify which bid items will require special provisions. 4. Prepare 90% Level Project Specifications including current WSDOT amendments, GSP's and special provisions necessary for this project. 5. Submit 90% plan set, specifications, and cost estimate for review 6. Deliverables a. 90% Plans, Specifications, and Cost Estimates b. Preliminary Stormwater Report Sub -task 8.4— Final Submittal This item includes all work necessary to complete the design and prepare the final project bid package. 1. Address the 90% comments. 100% and final design phase plan set shall include: a. Cover Sheet City of Yakima, Washington North 15t Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 13 of 15 b. General Notes and Legend Sheet c. Typical Sections d. Erosion Control and Grading Plans e. Erosion Control Notes Detail Sheets f. Site Prep/Demolition Plans g. Plan over Profile Sheets h. Utility Plan and Profile for water and stormwater i. Stormwater Facility Plan and Detail Sheet j. Miscellaneous Details Sheet k. Structural Detail Sheet I. Signing and Striping Plans m. Lighting Plan and Details n. Site specific Traffic Control Plans o. Construction Staging Plans p. Construction Signing Ilan q. Standard Detail Sheets r. Landscape Plans incorporated from HBB s. Landscape Detail Sheets incorporated from HBB t. Irrigation Plans u. Irrigation Detail Sheet 2. Address preliminary stormwater report comments, and submit final stormwater report for approval. 3. Prepare final special provisions as needed for non standard items shown on the plans, and compile the project specifications. 4. Compute quantities and prepare an engineer's estimate of construction costs. 5. Submit 100% PS&E for Review 6. Address City review comments regarding the plans, specs, and estimate. 7. Preparation of the project NPDES permit application, and posting the Notice of Intent (N.O.I.) in an appropriate local news paper 8. Preparation of the project SWPPP 9. Prepare final bid package 10. Submit final bid package 11. Provide assistance during bidding including attendance at pre-bid meeting, preparation of addenda, answering bidder questions and assisting the City with bid evaluation and recommendation for award. 12. Deliverables a. Copy of NPDES Permit Application b. Copy of SWPPP c. 100% PS&E (3 copies on 11X17 and a pdf of the plan set) Contract Documents in word format and cost estimate in excel. Final CAD drawings and Civil 3D. d. Final Stormwater Report e. Copies of Bid Package, assume a maximum of 30 copies to bidders Reimbursable Expenses This work includes non -salary costs associated with printing, mileage, copies, exhibit preparation, etc. Invoices will be submitted with billings for any items covered under reimbursable expenses. Specific items that will be provided under reimbursable expenses include: • Copies: Expenses for submitta copies as described above. • Travel: Mileage at current Federal rate. Delivery: Expenses for courier, package delivery, and mail services. City of Yakima, Washington North 15t Street Revitalization Project — N Street to SR -12 April 7, 2014 Page 14 of 15 Extra Work This work includes any item not covered in the above scope of work or specifically excluded below. No costs have been included for extra work within the Base Design Budget Total. Specific Exclusions The following items of work are specifically excluded from the scope of this agreement: • Design of any dry utilities such as electric, gas, cable, phone, etc. Coordination with these utilities will be performed as defined in the Utility Coordination Task. Coordination will include confirmation that their changes/improvements properly fit within the proposed project. • Preparation of Utility Relocation Plans for the various utilities that may be affected by the construction of the project except as necessary for the City owned water, and stormwater utilities which will be designed by HDJ • Traffic signal design or modifications to any existing signals including the existing pedestrian signal north of N. Street. • Negotiation of utility easements for private utilities. • Payments of any plan review, application, or permit fees • Construction support after bidding, administration, inspection, and materials testing • Design changes during construction and change order writing • Construction staking, and as -built survey • Preparation of as -built drawings. Client Responsibilities The City of Yakima will provide the following items and / or services: • Consultant identified pertinent and reasonable maps of the project and other currently available maps, including aerial photos, assessor maps, and standard details. • Provide copy of any existing plans, specifications, as-builts, geotechnical reports, and other design documentation for the site vicinity • Provide final approval of all materials produced for Public Outreach, including external documents, plans, strategies and talking points. • Provide copies of notes/summaries from previous North 1st Street public outreach efforts and corridor design committee meetings. • Assist HDJ in arranging for safe access to enter upon public and private property as required for HDJ and subconsultants to perform services included in this scope of work. • Direction regarding decisions related to design standards and design related issues. • Pay any fees associated with this project (application fees, plan review fees, permit fees etc.). • Sign and submit the NPDES permit application (prepared by HDJ) to the DOE (The Department of Ecology (DOE) will not accept NPDES permit applications unless they are signed and submitted by the "Owner"). • Negotiate easement and ROW agreements with utility companies affected by this project. If the City desires the HDJ team can assist with easement negotiations and ROW agreements. • Provide HDJ with city standard specifications, details, and project notes. City of Yakima, Washington North 15t Street Revitalization Project - N Street to SR -12 April 7, 2014 Page 15 of 15 North 1st Street Revitalization Project Task and Description TASK 1- PROJECT ADMINISTRATION Sub -task 1.1 Contract Administration, Invoicing, and Progress Reports Sub -task 1.2 Meetings TASK 2 -DATA COLLECTION Sub -task 2.1 Surveying and Base Map Sub -task 2.2 Geotechnical Investigation �; 'Eii7111171'IIVG Sub -task 3.1 Application and Permits liIENTAL Sub -task 4.1 Design Assistance and Early Agency Coordination Sub -task 4.2 Section 106 Consultation Sub -task 4.3 Biological Assessment Sub -task 4.4 Environmental Justice Survey Sub -task 4.5 Hazardous Materials Memo Sub -task 4.6 NEPA Documentation and Approval Sub -task 4.7 SEPA Documentation and Approval Sub -task 5.1 Median Placement Concept Development and Evaluation Sub -task 6.1 Temporary Construction Permits (TCP) T _UTJLIIYCOQRDIN� Subtask 7.1- Utility Coordination Subtask 7.2 - Utility MeetingS TASK 8 - DESIGN 111111K - Sub -task 8.1- 30% Plan Preparation Sub -task 8.2 - 60% Submittal Sub -task 8.3 - 90% Submittal Sub -task 8.4 - Final Submittal TASK 9 -CONSTRUCTION SERVICES Sub -task 9.1 Bidding and Award Assistance ,sable Expenses Copies Travel B&O Tax 1.8% TOTAL HOUR HOURLY RATE TOTAL DOLLAR HDJ Design Group PLLC (Engineering/Management) HDJ SUBCONSULTANTS SUB TOTAL BUDGET AMOUNT Traffic Geotechnical ROW Acquisition Environmental ENG-Prncpl ENG-Mngr VI ENG-Prjt V ENG -111 ENG -Il ENG -1 TECH -1 CAD -111 ADMIN Expense TOTAL Kittelson Hart Crowser UFS Widener $11,748.00 4.00 8.00 24.00 1.00 5,140.00 0.00 $5,140.00 2.00 6.00 20.00 20.00 8.00 6,608.00 0.00 $6,608.00 ., s^ . $15,535.00 6.00 18.00 32.00 8.00 7,176.00 0.00 $7,176.00 0.00 8,359.00 8,359.00 $8,359.00 4.00- 0.00 $2,144.00 --r-- 16.00 2,144.00 r� ,:• ;,510.00 - 2.00 8.00 1,344.00 1,210.00 1,210.00 52,554.00 -----__ 0.00 --- 8,736.00 8,736.00 $8,736.00 -----_- 0.00 --- 936.00 936.00 $936.00 -----_- 0.00 --- 7,486.00 7,486.00 $7,486.00 ------_- 0.00 - 2,726.00 2,726.00 $2,726.00 ---_----__ 0.00 3,000.00 3,000.00 $3,000.00 2.00 8.00---_-, 1,072.00 0.00 $1,072.00 a , $13,977.00 10.00 20.00 4,080... 9,897.00 9,897.00 $13,977.00 -------_ 0.00 -_- 0.00 $0.00 00 --------_- 0.11 -- 16,672.00 16,672.00 $16,672.00 2.00 8.00 8.00 2,152.00 -_-- 0.00 $2,152.00 2.00 8.00 8.00 2,152.00 0.00 52,152.00 --------_- 0.00 --_- 0.00 $0.00 125,764.00 8.00 20.00 20.00 70.00 180.00 10.00 30,830.00 --_-$$30,830.00 0.00 6.00 16.00 30.00 _ 70.00 - 190.00 10.00 32,074.00 ---- 0.00 $32,074.00 6.00 10.00 22.00 - 70.00 - 190.00 10.00 30,154.00 0.00 $30,154.00 6.00 10.00 36.00 70.00 198.00 10.00 32,706.00 0.00 $32,706.00 $0.00 -----_- 0.00 0.00 $0.00 -----_ 500.00 500.00 ---- $500.00 ---_ 1,500.00 1,500.00 _-- 250.00 250.00 51,750.00 - -- 1,066.90 1,066.90 _- $1,066.90 misrr-,._. 992.01 leei rs .,-.: ' ., 0.00 ,rra 190.00 144.00 132.00 110.00 101.00 93.00 88.00 88 00 60.00 $ 6,080.00 $ 13,248.00 $ 29,040.00 $ - $ 37,572.00 $ - $ 68,112.00 $ 3,520.00 $ 60.00 $ 3,066.90 $ 160,698.90 $ 9,897.00 $ 8,359.00 $ 16,672.00 $ 24,344 00 $ 59,272.00 $219,970.90 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: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data AntoCadd I Tpinadahle File ( au f) Digital Terrain Model (T)TM) T.andXMI. B. Roadway Design Files C',ivi1 D C. Computer Aided Drafting Files AutoCadd D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency See scope of work for deliverables F. Specify What Agency Furnished Services and Information Is to Be Provided See scope of work for agency provided materials II. Any Other Electronic Files to Be Provided DOT Form 140-089 EF Exhibit C Revised 10/2013 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 10/2013 Exhibit D-3 Payment (Negotiated Hourly Rate) 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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates, shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. 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 Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with 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. 3. 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. ' DOT Form 140-089 EF Exhibit D-3 Revised 3/09 4. 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. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S 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. 6. 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. 7. 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 D-4 Payment (Provisional Hourly Rate) 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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done based upon the provisional hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMNT. The actual hourly rates will be determined by an audit of the CONSULTANT'S last completed fiscal year and/or their current projected fiscal year. The provisional and/or audited rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. In the event re -negotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the re -negotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. 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 Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with 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. DOT Form 140-089 EF Exhibit D-4 Revised 6/08 d. All above charges must be necessary for the services provided under this AGREEMENT. 3. 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."4. 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. 4. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "E" including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the naives, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 5. 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. 6. 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 reci ipt 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 Ei-2 Sheet 1 of 2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule HDJ Design Group, PLLC Personnel Billing Rate Engineer - Principal $190.00 Engineer - Associate Principal $175.00 Engineer - Manager VI $144.00 Engineer - Project V $132.00 Engineer IV $121.00 Engineer 111 $110.00 Engineer 11 $101.00 Engineer 1 $93.00 Design Technician - IV $112.00 Design Technician - III $108.00 Design Technician - II $100.00 Design Technician -1 $88.00 Traffic Engineer - Manager VI $152.00 Traffic Engineer - Project V $126.00 Traffic Technician $115.00 Traffic Counter $68.00 Geotechnical Engineering $144.00 Geohydrologist $144.00 Geophysicist $144.00 Surveyor- Principal $142.00 Surveyor - Manager $133.00 Surveyor - PLS $115.00 Surveyor - LSIT $93.00 Survey Technician -1 $85.00 Surveyor Assistant $68.00 Crew Chiel - 3 person $189.00 Crew Chief - 2 Person $145.00 Crew Chief - Person W/Robotic Equipment $122.00 Landscape - Manager VI $134.00 Landscape - Project V $118.00 Landscape IV $101.00 Landscape -III $88.00 Landscape II $82.00 Landscape 1 $77 00 Planning - Manager V $126.00 Planner- Project IV $112.00 Planner - III $94.00 Planner - II $82.00 Planner - I $77 00 Construction - Sr Manager VI $140.00 Construction - Manager V $126.00 Construction Inspector - III $106.00 Construction Inspector - 11 $88.00 Construction Inspector - I $76.00 CADD - Manager $115.00 CADD Drafter - 111 $88.00 CADD Drafter - II $79.00 CADD Drafter - I $68.00 Graphic Specialist $88.00 Administrative $60.00 Direct Non -Salary Expenses Cost+10% Direct non -salary expenses are identifiable charges for travel, long distance telephone, postage, drafting supplies not normally kept on hand, printing and binding, film processing, etc. $165.00 OT $140.00 OT $114.00 OT $110.00 OT The above hourly rates are based on a WSDOT conditional provisional indirect cost rate and will be applicable until a new WSDOT audited rate is available and shall be subject to negotiation for the following 12 month period. HDJ 2014-04-07-Rates-GPJEdits xlsCostSum BILLING RATES Personnel/Class. Exhibit E-2 Sheet 2 of 2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule HDJ Design Group, PLLC Rates Overhead (OH)= Max Pav Rate* + 150 00% OH*PR Engineer - Principal $80.00 $120 00 Engineer - Associate Principal $65.00 $97 50 Engineer - Manager VI $57.00 $85.50 Engineer - Project V $48.00 $72.00 Engineer IV $44 00 $66.00 Engineer III $40.00 $60 00 Engineer II $37 00 $55.50 Engineer I $34 00 $51 00 Design Technician - IV $43.00 $64 50 Design Technician - III $40.00 $60.00 Design Technician= II $37 00 $55.50 Design Technician - I $32.00 $48 00 Traffic Engineer - Manager VI $57.00 $85.50 Traffic Engineer - Project V $46.00 $69.00 Traffic Technician $42.00 $63.00 Traffic Counter $25 00 $37.50 Geotechnical Engineering $57 00 $85.50 Geohydrologist $57 00 $85.50 Geophysicist $57 00 $85.50 Surveyor - Principal $65 00 $97.50 Surveyor - Manager $55 00 $82.50 Surveyor - PLS $42.00 $63.00 Surveyor - LSIT $34.00 $51.00 Survey Technician - 1 $31 00 $46.50 Surveyor Assistant $25 00 $37 50 Crew Chiel - 3 person $69.00 $103.50 Crew Chief - 2 Person $53.00 $79 50 Crew Chief - Person W/Robotic Equipment $47.00 $70.50 Landscape - Manager VI $49 00 $73.50 Landscape - Project V $43.00 $64 50 Landscape IV $37 00 $55.50 Landscape -III $32.00 $48 00 Landscape II $30.00 $45.00 Landscape I $28.00 $42.00 Planning - Manager V $46.00 $69.00 Planner - Project IV $41 00 $61.50 Planner - III $35.00 $52.50 Planner - II $30 00 $45.00 Planner - 1 $28.00 $42.00 Construction - Sr Manager VI $51 00 $76 50 Construction - Manager V $46.00 $69 00 Construction Inspector - III $40 00 $60 00 Construction Inspector - II $33 00 $49 50 Construction Inspector - I $28.00 $42.00 CADD - Manager $42.00 $63.00 CADD Drafter - III $34 00 $51 00 CADD Drafter - II $29 00 $43.50 CADD Drafter - I $25 00 $37.50 Graphic Specialist $32.00 $48.00 Administrative $23.00 $34 50 0 $0.00 *Max pay rate and billing rates shown. Agency will b HDJ 2014-04-07-Rates-GPJEdits.AsRate-Travel Profit(P)= 25% + P*PR invoiced at rates shown on sheet 1 of 2. $20.00 $16.25 $14.25 $12.00 $11 00 $10 00 $9.25 $8.50 $10 75 $10.00 $9.25 $8.00 $14.25 $11.50 $10.50 $6.25 $14.25 $14.25 $14.25 $16.25 $13 75 $10 50 $8.50 $7 75 $6.25 $17.25 $13.25 $11 75 $12.25 $10 75 $9.25 $8.00 $7.50 $7 00 $11.50 $10.25 $8 75 $7.50 $7.00 $12.75 $11.50 $10 00 $8.25 $7.00 $10.50 $8.50 $7.25 $6.25 $8.00 $5 75 $0.00 Max Billing Rate* $220.00 $178.75 $156 75 $132.00 $121.00 $110.00 $101 75 $93.50 $118.25 $110.00 $101 75 $88.00 $156.75 $126.50 $115.50 $68 75 $156 75 $156.75 $156.75 $178.75 $151.25 $115.50 $93.50 $85.25 $68 75 $189 75 $145 75 $129.25 $134 75 $118.25 $101 75 $88.00 $82.50 $77.00 $126.50 $112.75 $96.25 $82.50 $77.00 $140.25 $126.50 $110 00 $90 75 $77.00 $115.50 $93.50 $79 75 $68.75 $88.00 $63.25 $0.00 Exhibit F Breakdown of Overhead Cost Hash, Kenneth F. From: Sent: To: Subject: Hi Greg, Kelsey, Stacie <KelseyS@wsdot.wa.gov> Monday, April 07, 2014 9:52 AM Jellison, Gregory P.; Hash, Kenneth F. Conditional Rate I have been in contact with Martha Roach i establish something mutually acceptable— am offering a conditional provisional indi office will complete a desk review through egarding the indirect cost rate discussion/review. I am hopeful we can so we can move this engagement forward. Here is what I have in mind: ect cost rate of 150%, and fixed fee of 25%, with the understanding that your WSDOT's Internal Audit Office prior to June 30, 2014. Upon successful completion of a desk review you will be able to renegotiate to implement the new approve indirect cost rate. The new indirect cost rate would be applied from the point of approval forward, on current and future contracts. We hope this offer enables everyone to move forward in a mutually beneficial way, quickly! Please feel free to contact me with any questions or concerns. Best Regards, Stacie Kelsey Stacie Kelsey Local Programs Standards & Procedures Engineer Monday -Thursday 6:00-3:30 & Friday 6:00 - 10:00 (360) 705-7383 office (360) 239-5362 cell "Motivation is what gets you started Habit is what keep you going." 1 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Geotechnical exploration and pavement design Fnvironmental permitting, SFPA and NFPA dncumentation Traffic planning and Engineering services Right of way permits and certification DOT Form 140-089 EF Exhibit G Revised 6/05 19T-rEL`Bc)oiCiATE T R A Ni S P O R T A T I O N E N G 1 N E E R 1 N G/ F Consultant Exhibit G-2 Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Job Title Senior Principal Julia Kuhn Principal Engineer / Planner Associate Engineer / Planner Matt Hughart Senior Engineer / Planner Engineer/ Planner Transportation Analyst Associate Technician Senior Technician Technician II Technician I Office Support Hourly Overhead @ Profit @ Billing Rate Rate* 211.76% 25% Per Hour $ 63.89 $ 59.56 $ 45.04 $ 39.55 $ 34.26 $ 30.23 $ 39.24 $ 35.85 $ 29.49 $ 20.73 $ 9.79 $ 135.30 $ 126.12 $ 95.38 $ 83.76 $ 72.56 $ 64.02 $ 83.09 $ 75.93 $ 62.46 $ 43.89 $ 20.72 $ 15.97 $ 14.89 $ 11.26 $ 9.89 $ 8.57 $ 7.56 $ 9.81 $ 8.96 $ 7.37 $ 5.18 $ 2.45 $ 215.16 $ 200.57 $ 151.68 $ 133.20 $ 115.39 $ 101.81 $ 132.14 $ 120.74 $ 99.32 $ 69.80 $ 32.95 * Above rates are actual wage rates for key personnel and average billing rates for classifications without key personnel specifically identified. All classifications include a 3% escalation as roles & responsibility pay increases will occur July 1, 2014. EXHIBIT G-2 SUBCONSULTANT FEE DETERMINATION - SUMMARY SHEET (Specific Rates of Pay) Fee Schedule Project: North 1st Street Subconsultant: Hart Crowser Task: Geotechnical Investigation Job Title Hourly Rate Overhead @ 203.19% Profit @ 30.00% Rate per Hour Senior Principal $77.99 $158.47 $23.40 $ 259.85 Principal $70.82 $143.90 $21.25 $ 235.97 Senior Associate $55.44 $112.65 $16.63 $ 184.72 Associate $46.26 $94.00 $13.88 $ 154.13 Senior Project $35.50 $72.13 $10.65 $ 118 28 Project $31.16 $63.31 $9.35 $ 103.82 Senior Staff $28.63 $58.17 $8.59 $ 95.39 Staff $24.43 $49.64 $7.33 $ 81.40 Drafter $27.16 $5519 $8.15 $ 90.49 Technician $22.25 $45.21 $6 68 $ 74 13 Project Assistant $23.95 $48.66 $7.19 $ 79.80 4/4/2014 Page 1 of 1 Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule DIRECT LABOR COSTS Classification (Examples) Direct Salary Rate Overhead Fee Billing Rate 48.09% 30.00% Miniumum Maximum Miniumum Maximum Minimum Maximum Minimum Maximum Regional Manager $50.00 $60.00 $24 05 $28.85 $15.00 $18.00 $89.05 $106.85 Project Manager $40.00 $48.00 $19.24 $23.08 $12.00 $14 40 $71.24 $85.48 Right of Way Agent $26.00 $32.00 $12.50 $15.39 $7.80 $9.60 $46.30 $56.99 Sr R/W Agent $30.06 $38.00 $14 43 $18.27 $9.00 $11 40 $53.43 $67.67 Sr Title Specialist $22.00 $28.00 $10.58 $13.47 $6.60 $8.40 $39.18 $49.87 Sr Admin Assistant $14.00 $20.00 $6.73 $9.62 $4.20 $6.00 $24.93 $35.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 i Bill Rates are based on current 2011 rates. Note: All travel will be billed per WSDOT Travel Regulations; All sub -consultant costs and direct reimbursables will be at cost with no mark-ups; and The max. rates include 5% escalation. 4/4/2014 Chapter 31 Appendix 31.99 Using Consultants Local Agency Standard Consultant Agreement Exhibit G-2 Subconsultant Fee Determination Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant DGK Inc. DBA Widener & Associates Discipline or Job Title Hourly Rate Overhead @ 110 % Profit @ so % Rate Per Hour Environmental Project Mngr. 64 70.40 19.20 153.60 Biologist 31 34.10 9.30 74.40 Archaeologist 50 55 15 120.00 DOT 140-089 EF Exhibit E-2 8/07 WSDOT Local Agency Guidelines M 36-63.04 October 2008 Page 31-77 ® 1 Washington State Department of Ttransportation Lynn Peterson Secretary of Transportation August 26, 2013 Janette Lennon, Controller Kittelson & Associates 610 SW Alder St. Suite 700 Portland, OR 97205-3608 RE: _ Kittelson & Associates, Indirect Cost Rate Schedule Fiscal Year End December 31, 2012 Dear Ms. Lennon: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdoiwa.gov We accept the audit Work performed by Deemer, Dana & Froehle related to the Indirect Cost Rate schedule for the above referenced fiscal year for Kittelson_ & Associates. Our office did riot review the work performed by Deemer, Dana & Froehle. The schedule was audited by the Deemer, Dana & Froehle for compliance with Part 31 of the Federal Acquisition Regulations. Deemer, Dana & Froehle accepted an Indirect Cost Rate for the year ended December 31, 2012, at 211.76% of,direct labor. Based on the work performed by the CPA, we are issuing this letter establishing Kittelson & Associates Indirect Cost Rate for the fiscal year ending December 31, 2012, at 211.76% (rate includes Facilities Cost of Capital of 0.21%) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representatives of Kittelson & Associates, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360) 705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:It Enclosure cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File DEEMER DANA & FROEHLE LLP Certified Public Accountants INDEPENDENT AUDITOR'S REPORT ON 'THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD Board of Directors Kitteison & Associates, Inc. Report on the Statement We have audited the accompanying Statement of Direct Labor, Fringe Benefits, and General Overhead (hereinafter referred to as "overhead statement" or "the Statement") of Kittelson & Associates, Inc. (the "Company") for the year ended December 31, 2012 and the related notes to the Statement. Management's Responsibility for the Statement Management is responsible for the preparation and fair presentation of this Statement in accordance with the basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation ("FAR") and certain other Federal and State regulations; this includes the design, Implementation, and maintenance of intemal control relevant to the preparation and fair presentation ofa Statement that is free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on the Statement based on aur audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in the Government Auditing Standards, Issued by the Comptroller General of the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Statement is free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the Statement. The procedures selected depend on the auditor's judgment, Including the assessment of the risks of material misstatement of the Statement, whether due to fraud or error. In making those risk assessments, the auditor considers intemal control relevant to the entity's preparation and fair presentation of the Statement in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion an the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as welt as evaluating the overall presentation of the Statement. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In aur opinion, the overhead statement referred to above presents fairly, in all material respects, the direct labor, fringe benefits, and general overhead of the Company for the year ended December 31, 2012 on the basis of accounting described in Note 2. 118 Park of Commerce Drive ' Savannah, GA 31405 • PO Box 9706 (31412) 2905 Premiere Parkway, Suite 100 • Duluth, GA 30097 TF 877.238.1008 P 912-238-1001 r 912.238.1701 TE 1300-852-6075 P 770-498.1400 r 770-498-1419 Kittelson & Associates, inc. Page Two Basis of Accounting We draw attention to Note 2 of the Statement, which describes the basis of accounting. The accompanying overhead statement was prepared an a basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation ("FAR") and certain other Federal and State regulations, which is a basis of accounting other than accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matter In accordance with the Government Auditing Standards, we have also issued our report dated Apn126, 2013 on our consideration of the Company's internal control over financial reporting as It relates to the Statement and on our tests of its compliance with certain provisions of laws, regulations and contracts, inciuding provisions of the applicable sections of Part 31 of the Federal Acquisition Regulation. The purpose of that report Is to describe the scope of our testing of Internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit Duluth, Georgia April26, 2013 Lift - Deemer Dana & Froehle LLP, Certified Public Accountants K1TTELSON 8 ASSOCIATES, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD December 31, 2012 Description DIRECT LABOR FRINGE BENEFITS: Paid time off Payroll taxes Workers compensation Retirement plan expense Bonuses Employee group Insurance Total Fringe Benefits GENERAL OVERHEAD: Indirect tabor Computer expense Conferences/seminars/training Depreciation and amortization Generoi/p roressionei liability insurance Professional service costs Professionairegistrallonsldues/ subscripUons Taxes and licenses Office supplies Payroll processing Postage/shipping/delivery PrIntinglrep roduction Recruitment expense Leases Rent/utilities Repairs and maintenance Tetephonelcomm untcalions Travel/transportation/lodging Vehicle expense Advertising Relocation Bad debt expense Bank service charges Contributions Company sponsored activities Employee welfare Interest expense Gifts Meats and entertainment Officer's lite insurance Management fee State income faxes Total General Overhead TOTAL INDIRECT COSTS Facilities Capital Cosi of Money See accompanying notes. General Ledger Unallowable FAR % of Balance Costs Reference Audited Direct Labor S 6.477.004 5 S 6,477.004 5 1,257,392 5 849,687 68,147 1,755,995 881,708 121,610 • 5.034,740 S 1,257,392 949,687 68,147 1,755,995 881,708 121,810 5.034,740 77.73% 4,384,726 408,984 (1) 31.205-1 3,975,742 (13) 31205-6 661,245 93,817 319,013 226,967 - 525,142 114,010 (14) 31.205-27 (1) 31.205-1 661,245 93,817 319,013 226,967 411,132 69,861 9,227 (9) 31.205-22 60,634 82,832 6,417 (6) 31.205-15 76,515 107,297 13,310 (1) 31.205-1 93,987 15,629 - 16,629 54,448 2,326 (1) 31.205-1 52,122 71,307 44,713 (i) 31.205.1 26,594 14,177 300 (1) 31.205-1 13,877 24,000 24,000 1,548,688 10,018 (14) 31.205-27 1,538,670 82,192 82,192 400,759 - 400,759 525,096 70,720 (1) 31.285-1 454,375 (10) 31,205-46 80,732 7,766 (1) 31.205-1 72,966 263 263 (1) 31.205-1 - 39,143 - 39,143 90,000 90,000 (2) 31.205-3 - 19,952 157 (2) 31.205-3 18,765 58,086 58,086 (3) 31.205.8 - 66,616 68,616 (5) 31.205-14 54,585 54,505 (4) 31.205-13 67,545 67,545 (8) 31.205-20 (6) 31.205-15 8,100 8,100 (1) 31.205-1 - 180,537 74,586 (5) 31.205-14 105,951 (1) 31.205-1 (10) 31.205-46 (12) 31.201-2(d) 19,786 19,785 (7) 31.205-19 - (105,782) (105,782) 29,536 22,322 (11) 31.205-41 7.214 9,819,395 1,151 667 $ 14.854.135 S 1,151,667 Deemer Dana & Froehle LLP, Certified Public Accountants 8,667 528 133.82% 5 13,702,268 211.55% S 13.420 0.21% 3 KITTELSON & ASSOCIATES, INC. DESCRIPTION OF FAR REFERENCES AND OTHER AUDiT ADJUSTMENTS December 31, 2012 (1) 31.205-1 Public relations and advertising costs are unallowable. (2) 31.205-3 Bad debts expense and associated legal costs are unallowable. (3) 31.205-8 Contributions and donations are unallowable. (4) 31.205-13 Employee morale costs are unallowable. (5) 31.205-14 Costs of amusement, diversions, social activities, and any directly associated costsare unallowable. Penalties and fines are unallowable. (6) (7) (8) (9) (10) (11) (12) (13) (14) 31.205-15 31.205-19 31.205-20 31,205-22 31.205-46 31.205-41 31.201-2(d) 31.205-6 31.205-27 Key Man Life insurance premiums are unallowable. Interest on borrowings and other financlai costs are unallowable. Lobbying and political costs are unallowable. Travel costs In excess of the Federal Travel Regulations are unallowable. State and local taxes paid are allowable. Expenses not supported by proper documentation are unallowable. Compensation in excess of allowable limits Is unallowable. All expenditures in connection with planning or executing the organization or reorganization of the corporate structure of a business, Including mergers and acquisitions, or raising capital are unallowable. Deemer Dana & Froehle LLP, Certified Public Accountants 4 KITTELSON & ASSOCIATES, INC. NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD December 31, 2012 NOTE 1. DESCRIPTION OF THE COMPANY AND ITS ACCOUNTING POLICIES Kittelson & Associates, inc. (the "Company') was organized in 1985 under Oregon law and made an election under Subchapter S of the Internal Revenue Code, wherein all Income and expense items are passed through to stockholders and reported on their respective individual income tax returns. The Company pays any state composite tax due and any built In gains lax related to an acquisition. The Company's principal business activities are transportation planning, engineering, and research services for clients in both the public and private sector. The Company maintains its accounting records on the accrual basis for financial reporting, while using the cash method of accounting for income tax purposes. The audited Statement of Direct Labor, Fringe Benefits, and General Overhead has been prepared on the accrual basis. The Company has offices In eight states. The audited overhead rate Is a unitary rate for all offices and disciplines. Direct project costs are included in project cost records. The Company maintains a job -order cost accounting system for the recording and accumulation of costs incurred under its contracts. If applicable, direct costs incurred in providing services billed to clients on the basis of a published fee schedule are charged by functional accounts and accumulated as a single project or grouping to allow segregation of such costs from other direct costs. Each project Is assigned a job number so that costs may be segregated and accumulated in the Company's job -order cost accounting system. The allocation basis for indirect costs is direct labor. In-house costs such as computers, equipment, and cornputer software programs are included in the firm's overhead rate. The Company has separate expense accounts for sub -consultants and reproduction costs that are project related. Other Direct Costs ("ODCs") are consistently charged to projects, regardless of whether the ODCs are billable under the contracts. ODCs that are charged to projects include but are not limited to sub -consultants, travel, and postage. The Company's method of estimating costs for pricing purposes during the proposal process is consistent with the accumulation and reporting of costs under its job order cost accounting system. NOTE 2. BASIS OF ACCOUNTING The Company's statement was prepared on the basis of accounting practices prescribed In Part 31 of the Federal Acquisition Regulation ("FAR"). Accordingly, the Statement of Direct Labor, Fringe Benefits, and General Overhead is not intended to present the results of operations of the Company in conformity with generally accepted accounting principles. NOTE 3. LABOR RELATED COSTS The Company distributes labor costs to direct projects for all employee classifications. Overtime premium costs are included In indirect costs. The Company did not pay certain salaried employees for time worked in excess of 40 hours per week. The time in excess of 40 hours Is credited to the Indirect cost pool. 5 Deemer Dana & Froehle LLP, Certified Public Accountants Certification of Final indirect Costs Firm Name: Kittelson & Associates, inc. Indirect Cost Rate Proposal: 211.55t Date of Proposal Preparation (mmiddiyyyy): 4/27/2013 Fiscal Period Covered tnm/ddiyyyy to tnmidd/yyyy): 1/1/12-12/31/12 1, the undersigned, cerilfy that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as opacified above And to the best of my knowledge and bellef 1.) All costs included In this proposal to establish final Indirect cost rates am allowable In accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) Thisproposal does not include any costs which are expresslyunallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occunad affecting the Erin's ownership, organization end indirect cost rates have been disclosed Signature: Name of Certifying Official' (Print): is e ce A. Van Dyke Titre: Chief Financial officer Date of Certification (mmiddlyyyy): 6/7/13 *The "Certifying Official' must be an individual executive or financial officer of the firm et a level no lower than a Vice President or Chief Financial Officer, or equivalent, who hes the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 447,0.1A available on line at: htto://www.thwa.dotgovilsosreosidirectives/orders/447010.htm O/H Certification; Nov 2010 Exhibit IG -3 Breakdown of Subconsuttants Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave \Q�� Commission/Bonus/Pension � ,`/ Total Fringe Benefits ' . General Overhead: —e JQj State B&O Taxes Insurance �� \ Administration & Time Not Assignable 'NO ,, Printing, Stationery & Supplies a .6r\ Professional Services „,C.) � r21 ,c Travel Not Assignable 40 Telephone & Tel -0 =% ah Ise, ssignable Fees, Dues & Profe nal Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) 203.19% DOT Form 140-089 EF Exhibit G-3 Revised 8107 Page 22 AIMk Washington State I'71 Department of Transportation February 10, 2014 TO: FROM: SUBJECT: Erik Jonson, WSDOT Contracts Administrator MS 47323 Memorandum Martha Roach, Agreement Compliance Audit Manager Hart Crowser, Inc. Indirect Cost Rate for fiscal year end June 30, 2013 We accept the audit work performed by T. Wayne Owens & Associates, PC related to Hart Crowser's Indirect Cost Rate for the above referenced fiscal year. T. Wayne Owens Associates audited Hart Crowser's indirect costs for compliance with Federal Acquisition Regulations (FAR), Subpart 31; ow office did not review their audit work: Based on our acceptance of the CPA's audit, we are issuing this memo establishing Hart Crowser's Indirect Cost Rate for fiscal year ending June 30, 2013 at 203.19% of direct labor (rate includes 0.22% Facilities Cost of Capital). Costs billed to agreements will still be subject -to audit of actual costs, based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions, feel free to call me at (360) 705-7006 or via email at roachina@wsdot.wa.gov MR:ds Attachment cc: Steve McKerney File DOT Form 700-008 EF Revised 5/99 HART CROWSER, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED JUNE 30, 2013 Description Direct Labor INDIRECT COSTS Fringe Benefits: Vacation, sick, holiday Incentive Compensation Retirement plan contributions Employee group insurance Payroll taxes Worker's compensation Other employee benefits Financial Strnt Unallowable Expense Costs $ 4,207,908 $ % of Direct FAR Ref Total Proposed Labor $ 915,556 678,166 274,334 839,554 646,731 27,838 20,410 (14,811) Total Fringe Benefits $ 3,402,589 $ General Overhead: Indirect labor Bad debt Bank Charges and Processing Fees Bids and proposals Accounting Fees Advertising Automobile expense Contributions Depreciation and amortization Dues and professional licenses Entertainment/employee morale Fines and penalities Insurance Interest Leased equipment Meals expense Office supplies and postage Professional services Recruitment expense Rent Repairs and maintenance Seminars and professional education Supplies Taxes and licenses Telecommunications Travel Recovery accounts $ 1,641,058 50,000 6,816 1,513,817 17,896 10,464 100,063 3,040 301,162 33,874 63,322 39 132,946 14,980 13,023 70,070 110,870 99,717 47,555 914,488 39,453 100,429 65,070 809,110 241,954 76,813 (403,463) (14,811) (1) $ (3,250) (2) (50,000) (16) (288,218) (3)(4)(5)(6)(7)(8)(9) (10,464) (3)(4) (787) (10) (3,040) (6) (45,000) (11) (6,629) (5)(8)(12) (42,280) (5)(7) (39) (17) (14,980) (13) (17,851) (3)(5)(9)(14) (23) (4) (11) (13) (1,632) (418,188) (19,239) Total General Overhead $ 6,074,566 $ (921,631) Total Indirect Costs $ 9,477,155 $ (936,442) Facilities Capital Cost of Money (FCCM) See accompanying independent auditors' report and notes. 3 $ 4,207,908 $ 915,556 678,166 274,334 839,554 631,920 27,838 20,410 $ 3,387,778 80.51% $ 1,637,808 6,816 1,225,599 17,896 99,276 256,162 27,245 21,042 132,946 13,023 52,219 110,870 99,717 47,532 914,477 39,453 98,797 65,070 390,922 241,954 57,574 (403,463) $ 5,152,935 122.46%, $ 8,540,713 202.97% 9,462 0.22% HART CROWSER, INC. DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMENTS FOR THE YEAR ENDED JUNE 30, 2013 (1) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable. (2) 31.205-6(m)(2) - Compensation for Personal Sertices - The portion of the cost of a company-fumished automobile that related to personal use is unallowable. (3) 31.205-1 (I) Public relations and advertising costs - Public relationsand advertising costs designed to call fawrable attention to the contractor and its activities is unallowable. (4) 31.205-46 (a) 2 Travel costs — Costs that exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations are unallowable. (5) 31.205-14 - Entertainment costs - Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. (6) 31.205-8 Contributions or donations recipient, are unallowable. - Contributions or donations, including cash, property and services, regardless of (7) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable. (8) 31.205-22 (a) (1) Lobbying and political activity costs - Costs associated with attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activities are unallowable. (9) 31.201-2(d) Determining allowability - Costs not supported with documentation are unallowable. (10) 31.202 (a) Direct costs - Direct costs of the contract shall be charged directly to the contract. All costs specifically identified with other final cost objectives of the contractor are direct costs of those cost objectives and are not to be charged to the contract directly or indirectly. (11) 31.205-49 Goodwill - Any costs for amortization, expensing, write-off, or write down of goodwill (however represented) are unallowable. (12) 31.201-2 (d) - Determining allowability - Accounting for costs for another period are unallowable. (13) 31.205-20 - Interest and other financial costs - Interest on borrowings (however represented) are unallowable. (14) 31.205-51 Costs of alcoholic beverages - Costs of alcoholic beverages are unallowable. (15) 31.205-41 (b) (1) Taxes - Federal income and excess profits taxes are unallowable. (16) 31.205-3 Bad debts - Bad debts, inc uding actual or estimated losses arising from uncollectible accounts receivable due from customers and other claims, and any directly associated costs such as collection costs, and legal costs are unallowable. (17) 31.205-15 Fine, penalties, and mischarging costs - Costs of fines and penalties are unallowable. 4 APR. 4. 2014 5:00PM UNIVERSAL FIELD SVCS NO. 4068 P. 2 Universal Field Services, Inc, Statement of Direct Labor, Fringe Benefits and General Overhead For the Year Ended October 31, 2013 Total Costs Direct Disallowed Costs Costs Allowable Costs % of Direct Labor Dkeet Labor Fringe Benefits Paid time aff Payroll taxes Insurance 401(k) matching contributions Bonuses Total fringe benefits General Overhead Indirect labor Advertising and public relations Automotive expenses Conferences and meetings C0utributions Depreciation Dues and subscriptions Meals and entertainment Insurance Interest Licenses and certifications Mileage Printing and reproduction expense Professional fees Rental expense Repairs and maintenance Shipping and postage Spbcontractors Supplies and miscellaneous Faxes Telephone Air travel Other travel Tuition and professional education Utilities Total general overhead Total indirect cost $ 26,562,984 $ S 26,562,984 S 1,999,918 $ 2,973,674 1,867,777 170,909 513,124 7,525,402 $ $ 1,999,918 2,973,674 20,696 (1) 1,847,081 170,909 513,124 20,696 7,504,706 2,932,232 38,647 53,808 39,874 15,866 127,558 20,361 2,716,044 125,589 5,702 27,794 3,345,766 141,765 908,536 1,610,631 129,132 194,928 2,441,525 769,356 239,261 • 219,591 96,261 7,151,386 28,802 405,384 23,785,799 S 31,311,201 • 48,673 (2) ▪ 38,647 (3) 27,504 - 1,451 15,866 (4) 9,648 (5) 1,113 (6) 2,618,974 97,070 (7) 1,895 5,702 (8) 9,269 3,268,072 139,759 221,346 1,127,555 39,438 150,058 2,441,525 522,785 57,246 107,163 124,166 - 36,079 7,036,763 135 259,556 2,883,559 26,304 38,423 117,910 19,248 123,694 18,525 71,694 2,006 - 687,190 88,574 (9) 394,502 89,694 44,870 246,571 (10) 74,852 95,425 - 60,182 19,719 (11) 94,904 28,667 145,828 18,083,576 $ 18,083,576 432,175 $ 452,871 . The accompanying notes are an integral part of this financial statement. -5= . 5,270,048 3 12,774,734, 48.09%; Washington State Departrnent of Transportation Lynn Peterson Secretary of Transportation February 27, 2014 Jeanette Widener, President DGK Inc. 10108 32nd Avenue W, Suite D Everett, WA 98204-1302 Re: DGK (dba Widener Dear Ms. Widener: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov & Associates) Safe Harbor Indirect Cost Rate Washington State is one of ten states who have received approval from Federal Highway Headquarters to participate in the Test and Evaluation Program (TE -045) for use of a "safe harbor" indirect cost rate on engineering and design related service contracts, as well as for Local Public Agency projects. We have completed our risk assessment for DGK. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, your firm is eligible to use the Safe Harbor rate for the City of Bellingham West Horton Road Project. We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor for DGK. The Safe Harbor rate is effective on February 27, 2014. DGK has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in future accordance to Federal cost principles (48 CFR FAR). The WSDOT Internal Audit Office has provided guidance and information related to FARsand the AASHTO Audit Guide. The Safe Harbor Rate will not be subject to audit. Please coordinate with WSDOT Consultant Services (CSO) or your WSDOT Local Programs Manager if you have questions about when to apply the Safe Harbor rate to your agreement. Page 2 DGK February 27, 2014 If you or any representatives of DGK. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File CERTIFICATION OF FINAL Firm Name: INDIRECT COSTS — FOR A SAFE HARBOR INDIRECT COST RATE n (, K s t% c. M,4 w i Oeweit t: Assx. Project Number/Name: 1 the'under signed, cerci i? that 1 have reviewed the proposal to establish the Safe Harbor rate. Thefirm is electing to use the S4FE H4RBOR INDIRECT COST RATE of 110%. To the best of my knowledge and belief rr) The firm has not had a FAR compliant indirect cost rale previously accepted by any other state agency. b) The firth will provide reports as required by the SAFE HARBOR RATE program on their progress toward compliance with the cost principles of the Federal Acquisition Regulations (FARJ oftitle 48, Code of Federal Regulations (CFR), part 31. All known material transactions or events that have occurred affeclingthe firm's ownership, ongani_ation and prior cr current indirect cost rates have:been disclosed. The firm agrees to follow. the 'Path to Compliance ". Steps noted below: The Pathway must -include: • A tinnekeepirigsplem_irlucli„includes the Internal Controls- described in chaplet 6 ofAAS11TO • An accounting system which separates indirect costs and' direct costs • An acconntirig.system which separates allowable and unallowable cosi. • 4, eoiinphanl job cost sjsrepn which is general ledger driren • Training for.accountingpersoniiel and key inainagement on Part 31 of the Federal. 4cquisition Regitlalions, Contras! Cost Principles and Procedures • A strong written internal control policy with a policy and procedures manual *Signature; *Name of Certi mg Official (Print): t q r't t F1 e. [r k);d 1.M ,e - *Title: Date of Certification (mm/dd/yyyy): p.a J z *Note: This form is to be compileted. by an individual executive or -.financial officer of the consultant at a level no lower than a Vice President or"Chief.Financial Of icer;.or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the agreement) Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. 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. 3. 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. 5. 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 6. 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 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus 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! Revised 6/05 Alleged Exhibit J 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 • Summation of hours • Any correspondence utline the following: y classification for each firm that is included in the claim; hat 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 perforin 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 fmal 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 Gregory P. Jellison Project No. Local Agency representative of the firm of HDJ Design Group, PLLC and duly authorized whose address is 314 W. 15th Street, Vancouver, WA 98660 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 services of any firm or person in ondition for obtaining this contract, to employ or retain the onnection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firn?, 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 Federa°'d highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ///e>/e/ DOT Form 140-089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Yakima Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, 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 Transport connection with this AGREEMENT involving participation of Fede .1 -aid highway subject to applicable State and Federal laws, both criminal and civi Datet �t� DOT Form 140-089 EF Exhibit M -1(b) Revised 6/05 .-'on, in nds, and i Signature Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): HDJ Design Group, PLLC 4/3a//471 /y (bate) DOT Form 140-089 EF Exhibit M-2 Revised 6/05 (Signature) icial of Consultant Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): HDJ Design Group, PLLC (Date) (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of North 1st Street Revitalization are accurate, complete, and current as of c.//3c,/jc,/ **. This certification includes the cost or pricing data supporting any advance agreements( and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm FIDJ Design Group, PLLC Name Gregory P. Jellison Title Member/Principal Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement' was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 5/6/2014 ITEM TITLE: SUBMITTED BY: Resolution authorizing a Professional Services Contract with HDJ Design Group for preparation of plans and specifications of the North First Street Revitalization Project, Phase 1. Brett Sheffield, Chief Engineer Joan Davenport, Strategic Project Manager SUMMARY EXPLANATION: The Yakima City,Council has established that the revitalization of the North First Street Corridor is an "Economic Development" and "Improving the Built Environment" priority. The City received a Federal Surface Transportation Program (STP) grant to fund the design, construction plans and specifications for Phase 1 of the North First Street improvement project. The city followed the procedures established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm to prepare the engineering plans and specifications for the construction bid process. HDJ Design Group submitted a Contractor Qualification Statement, was interviewed, and recommended by a 6 -person Selection Committee consisting of stakeholders and professional staff and determined to be the preferred firm to prepare the engineering plans out of the three firms that submitted a proposal. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $225,000 Funding Source/Fiscal Grant from Federal Surface Transportation Impact: Program (STP) Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: r City Manager Review the information and approve the resolution that authorizes the City Manager to approve the contract. ATTACHMENTS: Description Upload Date Type D Resolution Authorizing HDJ Contract 4/25/2014 Resolution D HDJ Contract 4/25/2014 Contract #1111t Washington State V4. Department of Transportation Supplemental Agreement pp g Number 1 Organization and Address HDJ, a Division of PBS Engineering and Environ., Inc. 314 W. 15th Street Vancouver, WA 98660-2927 Phone: 360-695-3488 Original Agreement Number TA -4804 Project Number STPUS-4579(011) Execution Date 12/16/2016 Completion Date 12/31/2019 Project Title North 1st Street Revitalization, Phase 1 New Maximum Amount Payable $ 240,970.90 Description of Work The consultant will update the NEPA and update the plans, specifications and estimate at the time of bid. The Local Agency of the City of Yakima desires to supplement the agreement entered into with HDJ Design Group, now HDJ, a division of PBS Eng. and executed on 05/07/2014 and identified as Agreement No. TA -4804 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows. Section 1, SCOPE OF WORK, is hereby changed to read. See attached Exhibit A-1 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read• Werk will he completed hy December 31, 70.1 111 Section V, PAYMENT, shall be amended as follows. The amount of the payment will he increased hy S16,000 as shown in attached exhihit R-1 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. ,A (1 0E -l3 S gy �� 1 fv Y A.vo tZ o calci VIA0.i4A& C ��j�n eLs'i nJC f DOT Form 140-063 EF Revised 9/2005 osnultnt ;ature, oving Authority Signature >,�) (6l / Cm CONTRACT NO:P"'/ Date 9' o 8 (O RESOLUTION NO: g -,20/q- P6 3 EXHIBIT A-1 SUPPLEMENT 01 AMENDED SCOPE OF WORK Pre -Construction Services North 1SY Street Revitalization Project City of Yakima, WA General Description: City of Yakima (CITY) has asked HDJ a Division of PBS Engineering and Environmental, Inc (CONSULTANT) to perform the pre -construction services for the North 1st Street Revitalization Project (PROJECT) CONSULTANT is proposing the additional scope items below to accommodate this extra work The additional work will involve, but not be limited to the following key tasks and deliverables • Submittal of Monthly Invoices to CITY for Services Performed • NEPA Update • Update the plans, specifications and estimate Assumptions: The following assumptions are specific to the additional work involved with the PROJECT: 1) None Sub -Task 9.1 — NEPA Update CONSULTANT will perform pre -construction services to include the following. 1) Prepare and update the project NEPA documents to current standards. Task 9.1 — Deliverables 1) NEPA documentation Sub -Task 9.2 — PS&E Update CONSULTANT shall provide Pre -Construction Services to include the following 1) CONSULTANT will update the plans to current standards 2) CONSULTANT will update the specifications to reflect the current WSDOT Standard Specification book. 3) CONSULTANT will update the engineer's estimate to reflect current unit bid pricing. Task 9.2 — Deliverables Supplement 01 12/15/2016 Page 1 of 2 1) Updated plans, specification and estimate that is advertisement ready in paper and pdf formats Exclusions: 1) Additional design work associated with inclusion or avoidance of the planned 48" stormwater bypass pipe 2) Creation of the proposal form and other assembled "front end" bid package elements Supplement 01 12/15/2016 Page 2 of 2 North 1st Street Revitalization Project Supplement 01 Task and Description TASK 1- PROJECT ADMINISTRATION Sub -task 1.1 Contract Administration, Invoicing, and Progress Reports Sub -task 1.2 Meetings TASK 2 -DATA COLLECTION Sub -task 2.1 Surveying and Base Map Sub -task 2.2 Geotechnical Investigation TASK 3 - PERMITTING Sub -task 3.1 Application and Permits TASK 4- ENVIRONMENTAL Sub -task 4.1 Design Assistance and Early Agency Coordination Sub -task 4.2 Section 106 Consultation Sub -task 4.3 Biological Assessment Sub -task 4.4 Environmental Justice Survey Sub -task 4.5 Hazardous Materials Memo Sub -task 4.6 NEPA Documentation and Approval Sub -task 4.7 SEPA Documentation and Approval TASK 5 - MEDIAN PLACEMENT CONCEPT DEVELOPMENT AND EVALUATION Sub -task 5.1 Median Placement Concept Development and Evaluation TASK 6 - RIGHT OF WAY SERVICES Sub -task 6.1 Temporary Construction Permits (TCP) TASK 7 - UTIUTY COORDINATION Subtask 7.1- Utility Coordination Subtask 7.2 - Utility MeetingS TASK 8 - DESIGN Sub -task 8.1- 30% Plan Preparation Sub -task 8.2 - 60% Submittal Sub -task 8.3 - 90% Submittal Sub -task 8.4 - Final Submittal TASK 9 - PRE -CONSTRUCTION SERVICES Sub-task9.1 NEPA update Sub -task 9.2 PS&E Update Sub -task 9.3 Sub -task 9.4 Sub -task 9.5 Reimbursable Expenses Copies Travel B&O Tax 1.8% TOTAL HOURS HOURLY RATES TOTAL DOLLARS EXHIBIT B-1 HDJ Design Group PLLC (Engineering/Management) HDJ BCONSULTAI\ SUB TOTAL BUDGET AMOUNT Supp 01 BUDGET AMOUNT New BUDGET AMOUNT Environmental ENG-Prncpl ENG-Mngr VI ENG -Il ADMIN Expense TOTAL Widener 0.00 0.00 11,748.00 $0.00 $11,748.00 5,140.00 $0.00 $5,140.00 0.00 0.00 6,608.00 $0.00 56,608.00 15,535.00 $0.00 $15,535.00 0.00 0.00 0.00 7,176.00 $0.00 $7,176.00 0.00 8,359.00 $0.00 $8,359.00 2,144.00 $0.00 $ 2,144.00 0.00 0.00 2,144.00 $0.00 $ 2,144.00 1 26,510.00 $0.00 526,510.00 0.00 0.00 2,554.00 $0.00 $2,554.00 0.00 0.00 8,736.00 $0.00 58,736.00 0.00 0.00 936.00 $0.00 5936.00 0.00 0.00 7,486.00 $0.00 $7,486.00 0.00 0.00 2,726.00 $0.00 $2,726.00 0.00 0.00 3,000.00 $0.00 $3,000.00 0.00 0.00 1,072.00 $0.00 $1,072.00 13,977.00 $0.00 513,977.00 0.00 0.00 0.00 0.00 13,977.00 0.00 $0.00 50.00 $0.00 $13,977.00 $0.00 JL 1 20,976.00 $20,976.00 { 1 0.00 0.00 0.00 0.00 16,672.00 0.00 50.00 $16,672.00 1 $0.00 $0.00 0.00 0.00 2,152.00 $0.00 $2,152.00 0.00 0.00 2,152.00 $0.00 $2,152.00 0.00 0.00 0.00 $0.00 $0.00 - 125,764.00 $0.00 $125,764.00 0.00 0.00 30,830.00 $0.00 $30,830.00 0.00 0.00 32,074.00 $0.00 $32,074.00 0.00 0.00 30,154.00 $0.00 $30,154.00 0.00 0.00 32,706.00 $0.00 $32,706.00 0.00 $15,177.25 $15,177.25 4.00 8.00 1,912.00 5,073.25 5,073.25 0.00 $6,985.25 $6,985.25 12.00 64.00 8,192.00 0.00, 0.00 $8,192.00 $8,192.00 0.00 0.00 0.00 $0.00 50.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 I� 3,316.90 $91.32 $3,408.21 0.00 0.00 500.00 $0.00 $500.00 _ 0.00 0.00 0.00 1,750.00 $0.00 51,750.00 91.32 91.32 1,066.90 $91.32 $1,158.21 4.00 20.00 64.00 0.00 190.00 144.00 101.00 60.0 u $ 760.00 $ 2,880.00 $ 6,464.00 $ - $ 91.32 $ 10,195.32 $ 5,073.25 $ 5,073.25 $ 219,970.90 $15,268.57 $235,239.46 Washington State 17S Department of Transportation September 25, 2018 Mr. Brett Sheffield Chief Engineer City of Yakima 129 North Second Street Yakima, Washington 98901 Transportation Building 310 Maple Park Avenue S.E. PO Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY -1-800-833-6388 www wsdot.wa.gov City of Yakima North 1st Street Revitalization STPUS-4579(011) FUND AUTHORIZATION DearjShe lei d. We have received FHWA fund authorization, effective September 24, 2018, for this project as follows: PHASE TOTAL Construction $3,372,000 FEDERAL SHARE $2,718,000 The following are required to ensure compliance with federal and state requirements: • Advertisement of the project within six weeks of construction authorization • Submit the Award Data to the Region Local Programs Engineer prior to construction start. • Show continuous project progress through monthly billings, until the project is complete. Failure to show continuous progress may result in the project becoming inactive per 23 CFR 630 106(a) (5) and subject to de -obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Supplement Number 2 to Local Agency Agreement LA -7763 between WSDOT and your agency All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any costs incurred after the Project Agreement End Date shown on the supplement are not eligible for federal reimbursement. In addition, all eligible costs incurred prior to the End Date must be billed within ninety (90) days of the End Date or they are ineligible for federal reimbursement. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincere! Stephanie li'ax Manager, Program Management Local Programs ST:jg:ml F‘ L Enclosure 1SAb1-"t— cc: Bill Preston, South Central Region Local Programs Engineer Y�� Washington State V% Department of Transportation iirj7;11''x1/ 1 Local Agency Agreement Supplement Agency +M GL City of Yakian+ Supplement Number 2 Federal Aid Project Number STPUS-4579(01 1) Agreement Number LA -7763 CFDA No 20.205 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on August 22, 2012 All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows. Project Description Name North 1st Street Revitalization Termini 'N' Street to SR 12 Description of Work ✓ No Change Reason for Supplement Obligate construction funds Are you claiming indirect cost rate? Yes ✓ No Does this change require additional Right of Way or Easements? Length 0.42 miles Project Agreement End Date 12-31-2021 Yes ✓ No Advertisement Date November 1, 2018 Type of Work Estimate of Funding (1) Previous Agreement/Suppl. 40,000 00 (2) Supplement (3) Estimated Total Project Funds 40,000.00 (4) Estimated Agency Funds 5,400.00 (5) Estimated Federal Funds 34,600.00 PE 00 a. Agency 86.5 b. Other Consultant 248,017.00 248,017.00 33,482.00 214,535 00 Federal Aid c. Other Non -participating 9,637.00 9,637.00 9,637.00 Participation Ratio for PE d. State 1,000 00 1,000 00 135.00 865.00 e. Total PE Cost Estimate (a+b+c+d) 298,654.00 0.00 298,654.00 48,654.00 250,000.00 Right of Wa0y0 f. Age y 0 00 g. Other 0.00 Federal Aid h. Other 0.00 Participation Ratio for RW i. State 0.00 j. Total R/W Cost Estimate (f+g+h+i) 0.00 0.00 0 00 0.00 0.00 Construction nstructio k. Contract 2,857,124.00 2,857,124.00 385,712.00 2,471,412 00 % 86.5 I. Other Construct Engineering 280,073.00 280,073.00 37,810.00 242,263 00 m. Other Funds 229,803.00 229,803.00 229,803 00 Federal Aid n. Other 0.00 Participation Ratio for CN 0. Agency 0.00 p. State 5,000 00 5,000.00 675.00 4,325 00 q. Total CN Cost Estimate (k+14m+n+o-o) 0.00 3,372,000.00 3,372,000 00 654,000.00 2,718,000.00 r. Total Project Cost Estimate eL+i+a) 298,654 00 3,372,000.00 3,670,654.00 702,654.00 2,968,000 00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures and as a condition to payment of the Federal funds obligated, it accepts and will comply with to applicable rovisions Agency Official Washingto,f tat Departmen /of Transportation By AkJ \ By Title City Ma g Director, Local rogram ea �6'� Date Executed PITY PANTRACT NO: AV.:, St? Z SEP 2 0 2018 fi€5OLUT10N NOrS�2.Gz -3 DOT Form 140-041 Revised 05/2015 Page 1 Agency City of Yakiam Supplement Number 2 Federal Aid Project Number STPUS-4579(01 I) Agreement Number LA -7763 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200 The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States, WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and FHWA, and 2 CFR Part 200 501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e g , State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200 309) Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200 501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200 501 Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e , Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA) DOT Form 140-041 Page 2 Revised 05/2015 V79; Washington State �I/ Department of Transportation Supplement .AgreemErit Number % • 1 Organization and Address PBS Engineering and Environmental Inc. 415 W. 6th Street, Suite 601 Vancouver, WA 98660 Phone: 360-695-3488 Original Agreement Number TA -4804 Project Number STPUS-4579(011) Execution Date 12/14/2018 Completion Date 12/31/2019 Project Title North 1st Street Revitalization New Maximum Amount Payable $ 285,866.90 Description of Work This project will revitalize North 1st Street from 'N' Street to SR 12, by rehabilitating the pavement and lane markings, enhancing street and pedestrian lighting, constructing median islands, and installing various pedestrian and decorative elements. The Local Agency of the City of Yakima desires to supplement the agreement entered in to with PBS Engineering and Environmental, Inc. and executed on 05/07/2014 and identified as Agreement No TA -4804 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A-2. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read. Work will be completed by December 31, 2019 111 Section V, PAYMENT, shall be amended as follows: The amount of the payment will be increased by $44,896 as shown in attached exhibit B. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By DOT Form 140-063 Revised 09/2005 ult. t ;f' ature %4,2,401,2 CITY CONTRACT NO::, � 15 Y (04 RESOLUTION NO: IL 3 D1 y_ f'Ip3 Approving Authority Signature Date Exhibit A-2 SCOPE OF WORK Construction Support Services North 1st Street Revitalization Project City of Yakima, Washington GENERAL DESCRIPTION The City of Yakima (City) has asked PBS to perform construction support / engineer of record services for the North 1st Street Revitalization Project. The project is currently being advertised for construction and is expected to start construction in Spring 2019. PBS is proposing the scope items below to accommodate this work. In general, the construction support phase will involve, but not be limited to, the following key components and deliverables: • Preparation and submittal of monthly invoices to City for services performed • Support during bidding including preparation of addenda, if needed • Construction engineering and administration • Attendance at preconstruction conference • Review of material submittals • Review of contractor proposals for alternate "or equal" materials • Responses to RFI's • Preparation of change orders • Attendance at phase kick-off meetings • Construction engineering support ASSUMPTIONS The following assumptions are specific to the work involved with construction engineering and inspection: 1. Construction will be completed by December 2019, within an assumed 12 months. 2. Construction staking will be performed by the Contractor. 3. Probable start of construction: Spring 2019. 4. The City will be responsible for bid opening, award recommendation, and contract execution for the proposed project. 5. PBS will provide recommendations of construction related paperwork items. City staff will have final approval authority on the construction project. December 4, 2018 North 1st Street Revitilization Project PBS Engineering and Environmental Inc. I Scope of Work EEx SCOPE OF WORK Task 10: Construction Project Administration Sub -Task 10.1: Contract Administration, Invoicing, and Progress Reports PBS will perform project administration services to include the following: 1. Prepare and submit monthly invoices. Each invoice will include: date period covered by invoice, number of hours worked during the billing period with billing rates shown, expenses and associated mark-ups, total cost for labor and expenses for the billing period, and a total amount summarizing labor and expenses. No additional markup will be included in the billing by PBS. 2. Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will list each invoice as well as current invoice with an itemized summary of invoice numbers, dates, and amounts billed for labor and expenses. The Contract Summary Report will also list the total amount billed to date, total amount remaining under contract, and contract expiration date. 3. Maintain contract -required documentation. Provide copies of project files and records to the City for audits and public information requests. Final documents shall be provided in electronic format as requested. Sub -Task 10.1: Deliverables • Monthly invoices, and Contract Summary Reports • Project documentation Task 11: Construction Support Sub -Task 11.1: Advertisement assistance 1. During the advertisement period PBS will work with the City staff to answer questions from bidders and to prepare addenda as necessary. Sub -Task 11.1: Deliverables • A log of bidder questions and answers • Addenda as necessary. Sub -Task 11.2: Pre -construction and kick-off meetings 2. PBS will attend and participate with the City in the preconstruction conference. 3. PBS will attend and participate in pre -pave meetings and other project kick-off meetings Sub -Task 11.2: Deliverables • Preconstruction conference meeting and other kick-off meeting and notes provided to the City. Sub -Task 11.3: Material Submittals PBS will receive and review material submittals (Manufacturer's Certificates of Compliance, Certificates of December 4, 2018 North 1st Street Revitili7ation Project PBS Engineering and Environmental Inc. 1 Scope of Work 2 Material Origin, cut sheets, Qualified Product List sheets, etc.), construction sequence schedules, shop drawings, and other items required from the Contractor to ensure compliance with contract requirements. PBS will review the following submittals, including but not limited to: material -specific submittals, HMA and concrete mix designs, illumination materials, landscape items, and others required by construction contract specifications. PBS' scope includes the following: 1. PBS will receive, review, and maintain material submittals. Upon completion of review, PBS will provide approved submittals to the City of appropriate approval requirements for material submittals. PBS will transmit the approvals to the Contractor. Sub -Task 11.3: Deliverables • Copies of material and other submittals and PBS recommendations. • Copies of written communications with the Contractor. Sub -Task 11.4: Construction Engineering PBS' Engineer will coordinate with the City staff throughout the duration of the project, keep a record of decisions made. PBS will review the following submittals, including but not limited to: traffic control plans, staging plans, erosion and pollution control plans, quality control plan, construction schedules, and others required by construction contract specifications. Approvals will be by the City staff. PBS duties will include the following: 1. PBS will receive and review the traffic control and staging plans and provide City staff a recommendation. 2. PBS will receive and review the SPCC Plan and provide the City with a recommendation. 3. PBS will receive, review, and determine the acceptability of schedules provided by the contractor. These may include the Progress Schedules, and Schedule of Submittals. Sub -Task 11.4: Deliverables • Copies of plans and reports provided by the Contractor with approval • Copies of written communications • Record of field decisions • Copies of schedules provided by the Contractor Sub -Task 11.5: Response to Questions and Change Orders PBS will assist the City in response to requests for information (RFI) and response for clarifications (RFC) by the Contractor and provide supplemental information as needed to maintain the progress of the work. If field adjustments are required, as a result of a change in conditions or a desired change by the City, PBS will prepare necessary change order documents and plan revisions for approval by City staff. PBS will provide the City with draft change order documents for review, approval, and issuance to the Contractor. PBS' duties will include the following: 1. PBS will assist the City with addressing construction questions and draft RFIs from the Contractor. 2. PBS will assist the City with processing RFCs from the Contractor. December 4, 2018 North 1st Street Revitilization Project PBS Engineering and Environmental Inc. I Scope of Work 3 3. PBS will assist the City with preparing change orders as needed and provide these to the City for approval and issuance to the Contractor. 4. PBS will prepare design changes associated with change orders (including exhibits) during the construction process. Exclusions: Approval of change order paperwork to Contractor. Sub -Task 11.5: Deliverables • Copies of RFIs to the City staff • Copies of RFCs to the City staff • Draft Change Orders to the City for approval and issuance to the Contractor • Design changes Sub -Task 11.6: Project Monitoring and Reporting Project monitoring will include the coordination of design and construction services team members and project scheduling. PBS duties will include the following: 1. Project Coordination: General coordination with client, other consultants, and stakeholders on construction -related items. Sub -Task 11.6: Deliverables • Copies of written communications. REIMBURSABLE EXPENSES PBS has included reimbursable expenses for: 1. Vehicle mileage 2. Printing, copying, or binding services December 4, 2018 North 1st Street Revitilization Project PBS Engineering and Environmental Inc. 1 Scope of Work 4 Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 Basic Agreement Supplement #1 Total Direct Salary Cost 86,386.43 16,253.09 102,639.52 Overhead (Including Payroll Additives) 129,579.64 24,379.64 153,959.29 Direct Non -Salary Costs 3,408.21 200.00 3,608.21 Fixed Fee 21,596.62 4,063.27 25,659.88 Total 240,970.90 44,896.00 285,866.90 DOT Form 140-063 Revised 09/2005 North 1st Street Revitalization Project Supplement 02 OJE ADIVIIINIS'tIi Sub -task 10.1 Contract Administration, Invoicing, and Progress Reports CONST UCTIONSUPPOff ,Sub -task 11.1 Advertisement Assistance Sub -task 11.2 Pre-constuction and kick-off meetings EXHIBIT B 1ASIC1G CON 7 AC ION 1°l 3,050.00'. 0.00 Sub -task 11.3 Material Submittals Sub -task 11.4 Construction Engineering Sub -task 11.5 Resonse to Questions and change orders Sub -task 11.6 Project Monitoring and reporting 4_001 24.00 4.00Yr 20,00 10.00 20.00' 200.00. 2,980.00 7,136.00 8,300,0 12,620.00 010,00 4,500.00 0.00 Copies Travel 0,00 0.00' 0.00 TOTAL HOURS HOURLY RATES 2 TOTAL DOLLARS 7"" Washington State ® Department of Transportation Mr. Bob Desgrosellier, PE Senior Engineer City of Yakima 129 North 2nd Street Yakima, Washington 98901 Dear Mes rosellier: April 30, 2019 Transportation Building 310 Maple Park Avenue S.E. PO Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY• 1-800-833-6388 www wsdot.wa.gov City of Yakima North 1s1 Street Revitalization STPUS-4579(011) FUND AUTHORIZATION Enclosed for your information and file is a copy of Supplement Number 3 to Local Agency Agreement LA -7763 for the above project between WSDOT and your agency. This supplement modifies the funding for this project to the amounts shown below: PHASE Construction TOTAL $4,879,032 FEDERAL SHARE $2,718,000 All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any costs incurred after the Project Agreement End Date shown on the supplement are not eligible for federal reimbursement. In addition, all eligible costs incurred prior to the End Date must be billed within sixty (60) days of the End Date or they are ineligible for federal reimbursement. As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de -obligation of all federal funds and agreement closure. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephanie ax Manager, Program Management Local Programs ST:tm:ml Enclosure cc: Bill Preston, South Central Local Programs Engineer 4411114,.. AGENCY Washington : State �, Department of Transportation Local Agency Agreement Supplement Agency- City of Yakima Supplement Number 3 Federal Aid Project Number STPUS-4579(011) Agreement Number LA -7763 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on August 22, 2012 All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows Project Description Name North 1st Street Revitalization Termini 'N' Street to SR 12 Description of Work ✓ No Change Reason for Supplement Remove federal funding from Construction Engineering Are you claiming indirect cost rate? Yes ,/ No Does this change require additional Right of Way or Easements? Length 0 42 miles Project Agreement End Date 12-31-2021 Yes No Advertisement Date 11-20-2018 Type of Work Estimate of Funding Previous AgreementlSuppl. 40,000 00 Supplement Estimated Estima ed Total Project Funds 40,000 00 Estimated) Agency Funds 5,400 00 Estimated) Federal Funds 34,600 00 PE a. Agency 86.5 % b. Other Consultant 248,017 00 248,017 00 33,482.00 214,535 00 Federal Aid c. OtherNon participating 9,637 00 9,637.00 9,637 00 Participation Ratio for PE d. State 1,000 00 1,000 00 135 00 865 00 e. Total PE Cost Estimate (a+b+c+d) 298,654.00 0 00 298,654 00 48,654 00 250,000.00 Right of Way, f. Agency 0.00 g. Other 0 00 Federal Aid h. Other 0 00 Participation Ratio for RW i. State 0 00 j. Total R/W Cost Estimate (f+g+h+i) 0.00 0.00 0 00 0 00 0 00 Construction k. Contract 2,857,124 00 280,073 00 3,137,197 00 423,522.00 2,713,675 00 86.5 I. Other 280,073 00 -280,073 00 0 00 m. Other Non participating 229,803 00 935,953 00 1,165,756.00 1,165,756 00 Federal Aid n. Other Non -participating CE 571,079 00 571,079 00 571,079.00 Participation Ratio for CN o. Agency 0.00 p. State 5,000 00 5,000 00 675 00 4,325 00 q. Total CN Cost Estimate (k+i+m+n+o+p) 3,372,000 00 1,507,032.00 4,879,032 00 2,161,032.00 2,718,000 00 r. Total Project Cost Estimate (e+j+q) 3,670,654 00 1,507,032.00 5,177,686 00 2,209,686 00 2,968,000 00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with th- applicable pr9Visions Agency Official Washington St.te 'epartment of Transportation By Title ity M nager CITY CONTRACT NQ: DOT Form 140-041 Revised 05/2015 ' LI -�v5(suf.s�3. I_ RESOLUTION NO: I (p3 By Director, Local P .gram Date Executed APR 2 5 2019 Page 1 Agency City of Yakima Supplement Number 3 Federal Aid Project Number STPUS-4579(01 1) Agreement Number LA -7763 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200 The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States, WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and FHWA, and 2 CFR Part 200 501 - Audit Requirements If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e g , State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200 309) Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200 501 Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i e , Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041 Page 2 Revised 05/2015