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Home My WebLink AboutR-1994-098 Huibregtse Louman Associates, Inc.,RESOLUTION NO. R-94-98 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Huibregtse Louman Associates Inc., a civil engineering firm, for the design of improvements to Fair Avenue, from Spruce Street to Pacific Avenue WHEREAS, the City of Yakima Contemplates the design of improvements to Fair Avenue and partial reimbursement for the cost of such design may be forthcoming from the Intermodal Surface Transportation Act of 1991 as administered by the State of Washington, Department of Transportation and WHEREAS, the Yakima City Council deems it to be in the best interest of the city that the attached agreement document be executed by the City of Yakima, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Huibregtse Louman Associates Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 19 th day of July, 1994 ATTEST: City Clerk July 8, 1994 Mayor STANDARD CONSULTANT AGREEMENT CONSULTANT/ADDRESS/TELEPHONE Huibregtse, Louman Associates, Inc. 3800 Summitview, Suite 100 Yakima , WA 98902 (509)966-7000 AGREEMENT NUMBER FEDERAL AID NO. STPUS-4611 (001 ) PROJECT TITLE AND WORK DESCRIPTION Fair Avenue Improvement Project Spruce Street to Pacific Street Street Improvements including R,/W eval- uati on , Design Report, PS&E for wi den- ing, curbs, sidewalks, drainage, illum- ination and watermain improvements. A G LUMP SUM LUMP SUM AMOUNT $ R E XE COST PLUS FIXED FEE ts E OVERHEAD PROGRESS PAYMENT RATE 150.77 % N T OVERHEAD COST METHOD DBE PARTICIPATION YES X NO °% WBE PARTICIPATION T1 ACTUAL COST NOT TO EXCEED % n YES [ X NO Y P [i�� FIXED RATE 150.77 % FEDERAL ID NO. OR S.S. NO. Do you require a 1099 for IRS? E FIXED FEE $ C H 91-1237188 YES X NO COMPLETION DATE February 28, 1995 MAXIMUM AMOUNT PAYABLE $ 122,921.80 E SPECIFIC RATES OF PAY K NEGOTIATED HOURLY RATE PROVISIONAL HOURLY RATE 0 E COST PER UNIT OF WORK THIS AGREEMENT, made and entered into this day of , 1994 , between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY docs not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: Local Agency Guidelines Page 1 of 32 May 1994 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 project level of effort for this proj- ect is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. 111 GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREE- MENT, with outside agencies, groups or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Fed- eral, Community, State, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient no- tice prior to meetings requiring CONSULTANT participa- tion. The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSUL- TANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of perfor- mance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be retumed. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are prop- erty of the AGENCY. Reuse by thc AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under thc 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 be- cause of any delays attributable to thc CONSULTANT, but may be extended by the AGENCY, in thc event of a delay attributable to the AGENCY, or because of unavoid- able delays caused by an act of GOD or governmental ac- tions or other conditions beyond the control of thc CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend thc established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREE- MENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such pay- ment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work". The CON- SULTANT shall conform with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, attached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maxi- mum amount payable unless a prior written approval has been issued by the AGENCY. Page 2 of 32 Local Agency Guidelines May 1994 All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the subconsultant shall be sub- stantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the perfor- mance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not em- ployed or retained any company or person, other than a bona fide employee working solely for the CONSUL- TANT, 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 CONSUL- TANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or result- ing 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 con- sideration 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 or might arise under any Workmen's compensation Act on behalf of said employ- ees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, the STATE, or the AGENCY, except regularly retired em- ployees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, mar- ital status, sex, age or handicap except for a bona fide oc- cupational qualification with regard to, but not limited to the following: employment upgrading, demotion or trans- fer, recruitment or any recruitment advertising,a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CON- SULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory practices have termi- nated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CON- SULTANT, for itself, its assignees and successors in inter- est agrees as follows: A. B. COMPLIANCE WITH REGULATIONS: The CON- SULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in Fed- eral -assisted programs of the Department of Transpor- tation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinaf- ter referred to as the Regulations), which are herein in- corporated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection and retention of sub - consultants, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimi- nation prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regu- lations. Local Agency Guidelines Page 3 of 32 May 1994 C. SOLICITATIONS FOR SUBCONSULTANTS, IN- CLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations either by com- petitive bidding or negotiation made by the CONSUL- TANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREE- MENT and the Regulations relative to nondiscrimina- tion on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSUL- TANT shall provide all information and reports re- quired by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regula- tions or directives. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREE- MENT, the AGENCY shall impose such sanctions as it or thc Federal Highway Administration may deter- mine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSUL- TANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CON- SULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including pro- curements of materials and leases of equipment, un- less excmpt by thc Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subconsultant or procure- ment as the AGENCY or the Federal Highway Ad- ministration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSUL- TANTbecomes involved in, oris threatened with, liti- gation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the in- terests of the AGENCY, and in addition, thc CON- SULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CON- SULTANT shall comply with RCW 49.60.180 and Executive Order number E.O. 77-13 of the Governor of the State of Washington which prohibits unfair em- ployment practices. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CON- SULTANT, a final payment shall be made to the CON- SULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be madc for any work complctcd after tcn days following receipt by the CONSULTANT of the Notice to terminate. If the accumulated payment made to thc CONSULTANT prior to Notice of Termination ex- ceeds thc total amount that would be due computed as sct forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse thc AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSUL- TANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work origi- nally required which was satisfactorily complctcd to date of termination, whether that work is in a form or a type which is usable to the AGENCY at thc time of termina- tion; the cost to thc AGENCY of employing another firm to complete thc work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of ter- mination. Under no circumstances shall payment made Page 4 of 32 Local Agency Guidelines May 1994 under this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the pro- vision of this AGREEMENT. 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 other corporation, or disaffiliation of the prin- cipally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renego- tiation of the AGREEMENT between the surviving mem- bers 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, de- sire 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 re- quired of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of en- titlement 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 revi- sions in the complete work of this AGREEMENT as nec- essary 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, thc 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 de- cision, that decision shall be subject to de novo judicial re- view. 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 obliga- tion 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 the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in ac- cordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdic- tion of the Superior court of the State of Washington, situ- ated in the county in which the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employ- ees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity aris- ing in whole or in part from the CONSULTANT's negli- gence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless thc AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and thc STATE, their agents, Local Agency Guidelines Page 5 of 32 May 1994 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 employ- ees and (b) the AGENCY and the STATE, their agents, of- ficers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employ- ees. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liabil- ity for actions brought by the CONSULTANT's own em- ployees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recog- nizes that this waiver was specifically entered into pursu- ant to the provisions of RCW 4.25.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of con- struction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no re- sponsibility 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 RCW 48. Insurance Coverage A. Worker's compensation and employer's liability in- surance as required by the STATE. B. Regular public liability and property damage insur- ance in an amount not less than a single limit. of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per oc- currence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSUL- TANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall fumish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete. certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance com- pany authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insur- ance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY shall be limited to the amount payable undcr this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Sec- tion 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 them under other provisions of this AGREE- MENT, or otherwise in law. XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. C. If any such change causes an increase or decrease in the estimated cost of, or the time required for, perfor- mance of any part of the work undcr this AGREE- MENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall makc an equita- ble adjustment in the (1) maximum amount payable: (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREE- MENT accordingly. The CONSULTANT must submit its "request for eq- uitable adjustment" (hereafter referred to as claim) Page 6 of 32 Local Agency Guidelines May 1994 under this clause within 30 days from the date of re- ceipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may re- ceive and act upon a claim submitted before final pay- ment 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 pro- ceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition of para- graphs (a) and (b) above, the maximum amount pay- able for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certifica- tion regarding debarment, suspension and other responsi- bility matters - primary covered transactions, Exhibit "A- 3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has au- thority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agree- ment not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless re- duced to writing and signed by the parties as an amend- ment 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 CONSUL- TANT does hereby ratify and adopt all statements, repre- sentations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and con- ditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. Consultant By CITY CONTRACT !O. (1_44-5 Huibregtse, Louman Associates Agency Inc. William L. Huibregtse, President City of Yakima Richard A. Zais, Jr. City Manager Attest: City Clerk Local Agency Guidelines Page 7 of 32 May 1994 EXHIBIT A-1 CERTIFICATION OF CONSULTANT Project No. STPI IS -4611(001 ) Local Agency Yakima I hereby certify that I am Pres i dent and duly authorized representative of the firm of Huibregtse, Louman Associates, Inc. whose address is 3800 Summ i tv i ew , Suite 100, Yakima, WA 98902 and that neither l nor the above Finn 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 this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely tier me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm 1 hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. 7-12-94 'i .'.. Date Signature William L. Huibregtse, President CERTIFICATION OF AGENCY OFFICIAL 1 hereby certify that I am the AGENCY Official of the Local Agency of Ya ki ma Washington and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any fine or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Richard A. Zais, Jr. Yakima City Manager Page 8 of 32 Local Agency Guidelines May 1994 EXHIBIT A-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Arc not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) I-iavc 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) Arc not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, orlocal) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Huibregtse, Louman Associates, Inc. 7/12/94 (Date) President or Authorized Official of Consultant (Signature) William L. Huibregtse, President Local Agency Guidelines Page 9 of 32 May 1994 EXHIBIT A-3 CERTIFICATION REGARDING THE RESTRICTIONS OF THE USE OF FEDERAL FUNDS FOR LOBBYING The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Huibregtse, Louman Associates, Inc. 7/12/94 (Date) Rilie President or Authorized Official of Consultant (Signature) William L. Huibregtse, President Page 10 of 32 Local Agency Guidelines May 1994 EXHIBIT A-4 CERTIFICATE OF CURRENT COST OR PRICING DATA This is to cenify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of STPUS-4611( 001) * are accurate, complete, and current as of 7/ 12/94 **. 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 Huibregtse, Louman Associates, Inc. Name William L. Huibregtse Title President Date of Execution*** 7/12/94 * 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. Local Agency Guidelines May 1994 Page 11 of32 YAKIMA FAIR AVENUE EXHIBIT B-1 SCOPE OF WORK Project No. STPUS-4611(001) See Attached Scope of Work DOCUMENTS TO BE FURNISHED BY THE CONSULTANT 1 Set of reproducible right-of-way plan maps 6 copies of Design Report for Stage 1 Project 1 set of reproducible plans and specifications for Stage 1 Street Improvements and Watermain additions 1 copy of Engineers Estimate of Final Design 1 copy of Survey Field Notes 1 copy of Engineering Calculations Pagol2 of 32 Local Agency Guidelines May 1994 City of Yakima Fair Avenue Improvement Project Spruce Street to Pacific Street STPUS - 4611(001) EXHIBIT B-1 SCOPE OF WORK PROJECT DESCRIPTION AND ASSUMPTIONS The project outlined by this Agreement and Scope of Work is generally described as the Fair Avenue Street Improvement Project and includes roadway and utility improvements to Fair Avenue from Spruce Street to Pacific Street. The following general assumptions have been made during the preparation of the scope and fee estimates for this project. More specific assumptions relative to individual tasks are described under the various task descriptions. A. The City of Yakima has funding for preliminary design services including right of way plans, design report, and preparation of the plans, specifica- tions, and estimate (PS&E). B. Upon submittal of the completed and approved PS&E documents to the City of Yakima Engineering Division, the City will take over responsibility for the original documents and print, bind, and advertise for bids. C. The City of Yakima is continuing to seek funding for construction of the improvements described in this Scope of Work. This Scope of Work does not provide for assistance by Huibregtse, Louman Associates, Inc. (HLA), in seeking construction funding. D. Services during construction have not been described at this time, but may be added to the Engineering Contract by amendment, subject to mutual agreement by the City of Yakima and HLA regarding the Scope of Work and related fees for those services. E. The 1994 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and the APWA Division One Supplement, and the current edition of the Local Agency Guidelines (LAG Manual) shall be used for this project. F. The City of Yakima contemplates construction of a 3 -lane roadway for Fair Avenue as the "Stage 1 Project" using the existing west curb line as the westerly edge of the new street. It is the desire of the City to construct a 5 to 7 foot sidewalk adjacent to the west curb. The easterly edge of the YKJ1-19 new street may be constructed as a temporary asphalt or extruded concrete curb to allow for future widening of Fair Avenue to 5 lanes referred to as the "Ultimate Project." G. The City wishes to review the existing right of way along Fair Avenue with regard to construction of the Stage 1, 3 -lane roadway and the Ultimate, 5 - lane roadway. Minimal right of way acquisition is planned for the Stage 1 Project. TASK 1 - ENVIRONMENTAL ASSESSMENTICHECKLIST A. The City of Yakima has included the environmental review of this project in the NEPA and SEPA reviews of the Yakima Gateway Project which includes the construction of the Fair Avenue extension north from Spruce Street to the Lincoln and B Street couplet and improvements to the Yakima Avenue and 1-82 Interchange. B. No services by HLA concerning environmental review have been included in this Scope of Work. TASK 2 - RIGHT OF WAY (STAGE 1 PROJECT AND ULTIMATE PROJECT) A. Preliminary commitments for title reports have been obtained for all parcels within the project limits as part of the Yakima Gateway Project. HLA will review the title reports for ownership, encumbrances, existing right of way, and legal description information. Supplemental title reports will be ordered and included as direct expenses only for parcels for which the City of Yakima desires to pursue right of way acquisition. B. HLA will examine the existing right of way along the project and prepare right of way plans which will show right of way acquisition required for the Stage 1 Project and the Ultimate Project. 1. HLA will calculate before and after areas of parcels for which right of way would be required for the Stage 1 and Ultimate Project width. 2. Prepare right of way plan maps for the Stage 1 and Ultimate Project showing existing and proposed right of way limits. Show parcel numbers, ownerships, and areas of right of way parcels. 3. Any right of way acquisition services such as preparation of True Cost Estimates, Cost to Cure bids, Legal Descriptions, Relocation Assistance Plans, Appraisals, Negotiations, and closing assistance will be performed by others or as directed by the City of Yakima as Additional Services. YKJ1-19 TASK 3 - DESIGN REPORT (STAGE 1 PROJECT) A. Evaluate existing physical features and conditions of Fair Avenue for the Stage 1 Project including the following: 1. Existing topography and improvements. 2. Existing roadway. 3. Existing traffic control facilities and channelization. 4. Existing illumination. 5. Existing drainage facilities. 6. Existing public and private utilities. 7. Existing property ingress and egress. 8. Existing pedestrian and parking facilities. 9. Existing irrigation system along the east side of Fair. B. Perform geotechnical investigation of project area including analysis of existing pavements, soils, groundwater, and percolation rates. C. Evaluate proposed new facilities for the Stage 1 Project including: 1. Design decisions made to date by Staff and Council. 2. Horizontal and vertical alignment. 3. Typical roadway sections (refer to VE study of Gateway Project). 4. Pavement design criteria. 5. Proposed traffic control facilities and channelization. 6. Proposed drainage facilities. 7. Proposed illumination. 8. Public and private utility relocations, additions, and adjustments. 9. Proposed pedestrian facilities. 10. Transit requirements. 11. No landscaping other than lawn restoration as required is planned for this project. 12. Proposed minimum adjustments to existing irrigation system along the east side of Fair Avenue. D. Prepare Design Report and preliminary project cost estimate for the Stage 1 Project including: 1. Construction of new roadway facilities. 2. Traffic control facilities. 3. Storm drainage facilities. 4. Illumination 5. Utility relocations, additions, and adjustments. 6. Transit requirements. YKJ1-19 TASK 4 - PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) -STAGE 1 STREET IMPROVEMENTS A. Perform field topographic surveying including profiles and cross-sections as required to show all physical features along the project route to enable design of the Stage 1 Project. B. Perform preliminary and final horizontal and vertical roadway design and draft onto plan and profile sheets at a scale of 1"=20' horizontal and 1"=5' vertical. C. Perform design for illumination, pavement marking, and permanent signing facilities and draft onto plan and profile sheets or supplemental sheets as necessary. D. Perform design for public and private utility relocations and adjustments and draft onto plan and profile sheets for roadway or supplemental sheets as required. E. Perform design for storm drainage facilities and draft onto project plan and profile sheets and supplemental sheets as necessary. F. Schedule and hold one public meeting with adjacent property owners to advise them of the project scope. G. Plans and specifications to be prepared in accordance with City of Yakima standards, the current edition of the LAG Manual, and the 1994 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and the APWA Division One Supplement. H. Prepare bidding and contract documents to City of Yakima requirements and furnish one set of reproducible plans and contract documents. I. Incorporate into the construction contract documents all appropriate local, state, federal, and City equal employment opportunity and labor standards. J. Prepare pre-bid construction cost estimate. TASK 5 - PLANS, SPECIFICATION AND ESTIMATE (PS&E) - CITY WATER MAIN ADDITIONS AND IMPROVEMENTS A. HLA will meet with the City Water Division to determine the extent of improvements to be constructed such as size, fire hydrants, service improvements, and cross -street main interties for future main extensions. B. Perform design of new domestic water main in Fair Avenue from Spruce to Maple and from Race to Pacific. YKJ 1-1'9 C. Prepare plan and profile sheets and specifications in accordance with City of Yakima Standards and the 1994 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and the APWA Division One Amendments. D. Prepare pre-bid construction cost estimate. TASK 6 - PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) - CITY SEWER MAIN ADDITIONS AND IMPROVEMENTS A. The City of Yakima Wastewater Division may wish to construct improve- ments and/or additions to the sanitary sewer collection system in the project area. B. Scope of Work and fees to be determined upon authorization to proceed with this Task. TASK 7 - SERVICES DURING CONSTRUCTION A. Scope of Work and fees to be determined upon authorization to proceed with this Task. TASK 8 - ADDITIONAL SERVICES A. Perform, at the City's option and direction, any other engineering, field surveying, services during construction, and easement or right of way services required in addition to that provided above. B. Prepare documents for alternate bids requested by the City for improve- ments which are not constructed. C. Redesign the project in the event the final cost estimates or the lowest responsive bid exceeds the funds available. TASK 9 - ITEMS TO BE FURNISHED AND RESPONSIBILITY OF THE CITY A. Provide full information as to City requirements of the Project. B. Provide all project funding. C. Provide all available information pertinent to the site of the project including previous reports, drawings, plats, surveys, utility records, and any other data relative to the design and construction of the project. YKJ1-19 D. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by HLA and render in writing decisions pertaining thereto within a reasonable time so as to not delay the work. E. Print and publish all final plans, specifications, and contract documents required by prospective bidders, suppliers, contractors, and plan centers. F. Advertise and attend the public meeting and bid opening, open the proposals at the appointed time and place, and pay for all costs incidental thereto. G. Obtain approval of all governmental authorities having jurisdiction over the project and such approvals as may be necessary for completion of the project. End of Scope of Work YKJ1-19 EXHIBIT C-2 PAYMENT (COST PLUS FIXED FEE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they arc productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs arc those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment. Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONS ULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Local Agency Guidelines May 1994 Page 17of32 3. DirectNonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man -months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee eamed but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable 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 $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for cach item Page 18 of 32 Local Agency Guidelines May 1994 including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROTECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be famished 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 that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to thc validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and thc United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Local Agency Guidelines Page 19 of 32 May 1994 PROJECT: EXHIBIT D-1 CONSULTANT FEE DETERMINATION —SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue STP DIRECT SALARY COST (DSC): CIassifiication Mart Hours Principal Engineer 20 Licensed Engineer 40 Project Engineer 60 Licensed Land Surveyor 120 Two Man Survey Crew CAD Technician 100 Engineering Technician Word Technician 10 TASK: 2, RIGHT OF WAY x Rate = Cost x 35.00 S 700.00 x 22.00 880.00 x x 15.00 900.00 x 20.00 2,400.00 x 26.00 x 12.00 1,200.00 x 11.00 15.00 150.00 TOTALDSC = S 6,230.00 OVERHEAD (OH COST—including Salary Additives): OH Rate x DSC FIXED FEE (FF): of 150.77 %xS 6,230.00 = 9,392.97 FFRatcxDSC or 35 %xS 6,230.00_ 5 2,180.50 REIMBURSAB LES: Itcmizcd Supplemental Title Reports $1,000.00 1,500.00 Reproduction 500.00 = 5 $1,500.00 SUBCONSULTANT COSTS (See Exhibit G): = 5 0.00 GRAND TOTAL = $ 19,303.47 PREPARED BY: Dennis J. Whitcher DATE: 6/15/94 Local Agency Guidelines May 1994 Page 25ofJ2 PROJECT: EXHIBIT D-1 CONSULTANT FEE DETERMINATION-- SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNTT OF WORK) CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue STP DIRECT SALARY COST (DSC): Classification Man Hours Principal Engineer 10 Licensed Engineer 80 Project Engineer 40 Licensed Land Surveyor Two Man Survey Crew 10 CAD Technician 20 Engineering Technician 20 Word Technician 40 x Rate x 35.00 x 22.00 x x 15.00 x 20.00 x 26.00 x 12.00 x 11.00 15.00 TOTAL DSC OVERHEAD (OH COST— including Salary Additives): = S TASK: 3. DESIGN REPORT Cost 350.00 1,760.00 600.00 260.00 240.00 220.00 600.00 a.030.QO OH Ratc x DSC of 150.77 `k x S 4,030.00= FIXED FEE (FF): FF Rate x DSC REIMB URSAB LES: Itcmizcd or 35 S 6,076.03 % xS 4,030.00 1,410.50 Reproduction $500.00 SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL PREPARED BY: Dennis J. Whitcher S 500.00 S 0.00 5 12,016.53 DATE: 6/15/94 Local Agency Guidelines May 1994 Page 25 cf 32 PROJECT: EXHIBIT D -I CONSULTANT FEE DETERMINATION -- SUMMARY SKEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue STP DIRECT SALARY COST (DSC): Classification Man Hours Principal Engineer Licensed Engineer Project Engineer Licensed Land Surveyor Two Man Survey Crew CAD Technician Engineering Technician Word Technician 100 300 260 80 160 360 40 40 Rate 35.00 22.00 15.00 20.00 26.00 12.00 11.00 15.00 TOTAL DSC OVERHEAD (OH COST —Including Salary Additives): OHRate xDSC FIXED FEE (IT): FF Rate x DSC REIMBURSABLES: TASK: 4. PLANS, SPECIFICATIONS & ESTIMATE Cost —3,500.00 6,600.00 3,900.00 1,600.00 4,160.00 4,320.00 440.00 600.00 5 25,120.00 of 150.77 %xS 25,120.00_ 37,873.42 or 35 %xS 25,120.00 8,792.00 Itcmizcd Reproduction $1,500.00 Photographs 100.00= S 1,600.00 $1,600.00 S'UBCONSULTANT COSTS (See Exhibit G):$7 ,500 Electrical/ = S 7,500.00 GRAND TOTAL I11 umi nation = $ 80,88b.42 PREPARED BY: Dennis J . Whitcher DATE: 6/15/94 Local Agency Guidelines May 1994 Page 25 of 32 PROJECT: EXHIBIT D -I CONSULTANT FEE DETERMINATION — SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNTT OF WORK) CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue STP DIRECT SALARY COST (DSC): CIassiiication Man Hours Principal Engineer 10 Licensed Engineer 60 Project Engineer 40 Licensed Land Surveyor Two Man Survey Crew CAD Technician 80 Engineering Technician 20 Word Technician 20 TASK: 5. WATER MAIN IMPROVEMENTS x Rate = Cost x 35.00 S 350.00 x 22.00 1,320.00 x x 15.00 600.00 x 20.00 x x 26.00 x 12.00 960.00 x 11.00 220.00 15.00 300.00 TOTAL DSC = S 3,750.00 OVERHEAD (OH COST—including Salary Additives): OH Rate x DSC of 150.77 % x S 3,750.00 = S 5,653.88 FIXED FEE (FF): FF Rate x DSC REIMBURSABLES: Itcmircd or 35 % xS 3,750.00 = S 1,312.50 SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL PREPARED BY: Dennis J. Whitcher S 0.00 S 0.00 $ 10,716.38 DATE: 6/15/94 Local Agency Guidelines May 7994 Page 2So( 2 EXHIBIT E BREAKDOWN OF OVERHEAD COST (Sample Only - Actual line item and cost categories and percentages for your firm should be submitted) Salary Overhead Indirect Labor 64.28% FICA 11.54% Other Payroll Taxes 3.27% insurance 5.76% Subtotal Salary Overhead 84.85% General Overhead Other Misc. Taxes 7.64% Insurance 7.04% Expenses 8.98% Equipment Maintenance 203% Office Supplies 7.20% Field Supplies 1.48% Vehicle Maintenance 1.25% Vehicle Fuel 2.47% Office Rent 5.86% Telephone 3.08% Utilities 2.00% Outside Hire 2.68% Dues & Professional Fees 1.59% Publications & Documents 0.70% Legal Fees 0.11% Accounting Fees 0.55°0 Miscellaneous 3.12% Depreciation 8.14% Subtotal General Overhead 65.92% Total Overhead 150.77% GR5-5 25. EXHIBIT F PAYMENT UPON TERMINATION OF AGREEMENT BY THE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the 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. Page 28 of 32 Local Agency Guidelines May 1994 EXHIBIT G SUBCONTRACTED WORK The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Electrical Engineering for Illumination Conley Engineering, Inc. Local Agency Guidelines Page 29 of 32 May 1994 EXHIBIT H The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ 500,000.00 The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ 500,000.00 • Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Page 32 of 32 Local Agency Guldefloes May 1994 CITY OF YAKIMA DEPARTMENT OF ENGINEERING & UTILITIES (509) 575-6111 SCAN 278-6111 FAX 575-6105 129 NORTH SECOND STREET YAKIMA, WASHINGTON 98901 August 4, 1994 Huibregtse, Louman Associates, Inc. 3800 Summitview Avenue, Suite 100 Yakima, WA. 98908 Attn: William L. Huibregtse, P.E. Re: Fair Avenue Improvements - Stage 1 City Project No.1526 Consultant Agreement Dear Bill: We are pleased to inform you that the Consultant Agreement for the referenced project has been authorized and executed by the City, a copy of which is attached for your records. The Notice to Proceed date is July 19, 1994. Please contact us if you have any questions or are in need of any additional information at this time. Attachment cc: Dennis Covell, P.E. Dick Sommer City Clerk, w/ attach. File 1526, w/ attach RESOLUTION NO. R-94- 98 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Huibregtse Louman Associates Inc., a civil engineering firm, for the design of improvements to Fair Avenue, from Spruce Street to Pacific Avenue WHEREAS, the City of Yakima Contemplates the design of improvements to Fair Avenue and partial reimbursement for the cost of such design may be forthcoming from the Intermodal Surface Transportation Act of 1991 as administered by the State of Washington, Department of Transportation and WHEREAS, the Yakima City Council deems it to be in the best interest of the city that the attached agreement document be executed by the City of Yakima, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Huibregtse Louman Associates Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 19 t h day of July, 1994 ATTEST: is/ KAREN S. ROBERTS, CMC City Clerk July 8, 1994 PATRICIA k BERNDT Mayor CITY OF YAKIMA CITY CLERK'S OFFICE DATE: July 27, 1994 TO: Fred French, City Engineer FROM Melynn Skovald, Deputy City Clerk RE: Notification of Yakima City Council Action Taken on a resolution authorizing the execution of a consultant agreement with Huibregtse, Louman Associates, Inc. for Fair Avenue Stage 1 Improvement (Resolution No. R- 94-98) The Yakima City Council, at its July 19, 1994 meeting, has considered the above mentioned topic of which the following is provided: [ ] Three original copies of the document (city Contract No. 94- 57) are attached for processing with WSDOT. After that is completed and any needed copies of this agreement are made, please return one fully executed original to: Deputy City Clerk City of Yakima 129 North 2nd Street Yakima, WA 98901 Project No. Agency Name of Project Agreement No. Gentlemen: SUPPLEMENTAL AGREEMENT - AMENDMENT NO. 1 STPUS - 4611 (001) City of Yakima Fair Avenue Improvement Project 94 - 57 (R-94-98) The Local Agency of City of Yakima desires to supplement the agreement entered into with Huibregtse, Louman Assoc., Inc.. and executed on July 20, 1994 and identified as Agreement No. 94-57 (R-94-98) All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read See attached Exhibit B-1, Supplemental 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read Ma 1, 1996 111 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. The maximum amount payable under this agreeement as supplemented inclusive of all fees and other costs is now $ 159,687.21 If you concur in 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. 6/1:,6C Sincerely, Rants Signature DOT,,404063 William L. Huibregtse, President REV10W94 %go1of2 Huibregtse, Louman Assoc., Inc. Approving Authority City of Yakima Direct Salary Cost Exhibit "A" Summary of Payments (Amendment No. 1) Basic (Items 1A, 1B, 1C) Agreement Supplement #1 Total 39,130.00 9,716.00 48,846.00 Overhead 58,996.30 14,648.81 73,645.11 (including Payroll Additives) Direct Non -Salary Costs Fixed Fee Sub Consultant Total DOT 140-063 REV 10/94 Page 2 of 2 3,600.00 13,695.50 7,500.00 122,921.80 0.00 3,600.00 3,400.60 17,096.10 9,000.00 16,500.00 36,765.41 159,687.21 EXHIBIT D-1 - AMENDMENT NO. 1 CONSULTANT FEE DETERMINATION — SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): TASK: Amendment No. 1 Item 1A, Sewer Study Classification Man Hours x Rate = os Principal Engineer 16 x 37.00 $ 592.00 Licensed Engineer 72 x 24.00 1,728.00 Licensed Land Surveyor 8 x 21.00 168.00 Two Man Survey Crew 32 x 28.00 896.00 CAD Technician 60 13.00 780.00 x Word Technician 40 16.00 640.00 TOTALDSC _ $ 4,804.00 OVERHEAD (OH COST including Salary Additives): OHRatexDSC of 150.77 %x$ 4,804.00 = $ 7,242.99 FIXED FEE (I FO: FFRatexDSC or 35 %x$ 4,804.00 = $ 1,681.40 REIMBURSABLES: Itemized SUBCONSULTANT COSTS (See Exhibit G): Electrical Engineer = GRAND TOTAL $ 0.00 $ 1,000.00 _ $ 14,728.39 PREPARED BY: Dennis J. Whitcher DATE: Page 26 of 34 Local Agency Guidelines September 1995 EXHIBIT D-1 - AMENDMENT NO. 1 CONSULTANT FEE DETERMINATION -- SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): TASK: Item No. 1B Traffic Signal at Fair and Pacific Classification Manikins x B1ag = os Principal Engineer 8 x 37.00 $ 296.00 Licensed Engineer 40 x 24.00 960.00 Project Engineer 20 x 16.00 320.00 Licensed Land Surveyor 8 x 21.00 168.00 Two Man Survey Crew x 28.00 CAD Technician 80 x 13.00 1,040.00 Engineering Technician x 12.00 Word Technician 10 16.00 160.00 x TOTAL DSC = $ 2,944.00 OVERHEAD (OH COST -- including Salary Additives): OHRatexDSC of 150.77 %x$ 2,944.00 = $ 4,438.67 FIXED FEE (FF): FF Rate x DSC or 35 %x$ 2,944.00 $ 1,030.40 REIMBURSABLES: Itemized SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL _ $ 0.00 $ 8,000.00 $ 16,413.07 PREPARED BY: Dennis J. Whitcher DATE: Page 26 of 34 Local Agency Guidelines September 1995 EXHIBIT D-1 - AMENDMENT NO. 1 CONSULTANT FEE DETERMINATION — SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 1C FAIR AVENUE IMPROVEMENT PROJECT True Cost Estimate Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): Classification Man Hours x Rate = Principal Engineer 4 x 37.00 $ 148.00 Right of Way Specialist 40 x 32.00 1,280.00 Licensed Engineer 8 x 24.00 192.00 CAD Technician 12 x 13.00 156.00 Word Technician 12 x 16.00 192.00 x x x x TOTALDSC = $ 1,968.00 OVERHEAD (OH COST -- including Salary Additives): OHRatexDSC of 150.77 %x$ 1,968.00 = $ 2,967.15 FIXED FEE (Hi): FFRatexDSC or %x$ 1.968.00 = $ 688.80 RE1 BURSABLES: Itemized SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL = $ = $ = $ 5,623.95 0.00 0.00 PREPARED BY: Dennis J. Whitcher DATE: Page 26 of 34 Local Agency Guidelines September 1995 EXHIBIT G SUBCONTRACTED WORK Amendment No. 1 The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: 1. Conley Engineering, electrical evaluation of sewer lift station. 2. CH2M-Hill, design of Fair Avenue and Pacific Avenue traffic signal. Page 30 of 34 Local Agency Guidelines September 1995 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street City Hall, Yakima, Washington 98901 Fax (509) 575-6105 Glenn J. Valenzuela, Director memo Date: May 15, 1996 City Project No: 1526 To: HLA Attn: Bill/Dennis From: Fred French, PE Ian( "Deen44.444-or- Re: Fair Avenue Improvement Project F.A.Project No. STPUS-4611(011) City Contract No 94-57 (R-94-98) Executed Contract Amendment No. 2 Authorization to Proceed Note: Attached is a fully executed Supplemental Agreement -- Amendment No. 2 for your records. You may proceed with the work. Thank you for your assistance in this matter. Attachment: Supplemental Agreement -- Amendment No. 2 Copy: City Clerk Dick S. File Cable T V 575-6092 • Code Administration 575-6121 • Engineering 575-6111 • Neighborhood Development 575-6101 • Planning 575-6113 Yakima M-aminaa 1994 Project No. Agency Name of Project Agreement No. Gentlemen: SUPPLEMENTAL AGREEMENT - AMENDMENT NO. 2 STPUS - 4611 (001) City of YA ktma Fair AvaniiP ro fmDyem nt Prna 94-57 (R-94-98) 'ect The Local Agency of City of Yakima desires to supplement the agreement entered into with Huibregtse. Lotman Assoc., July 20, 1994 and identified as Agreement No. 94-57 (R-94-98) Inc. and executed on All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read See attached Exhibit B-1, Supplemental 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read 0ctnhPr 31, 1996 111 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. The maximum amount payable under this agreeement as supplemented inclusive of all fees and other costs is now $ 202,569.93 If you concur in 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. e/%11:2( DOT 140-063 REV 1g91 Page 1 of 2 ConrAtanfa Signature William L. Huibregtse, President Huibregtse,-Louman Assoc., Inc. Sincerely, ��oaw Aumonry R. A. Zais, Jr. City Manager City of Yakima ATTEST Karen S. Roberts City Clerk Direct Salary Cost Overhead (including Payroll Additives) Direct Non -Salary Costs Fixed Fee Sub Consultant Total DOT t4O MNt of 1.0.o.2or2 Exhibit "A" Summary of Payments (Amendment No. 2) Basle (Item 2A) Agreement supplement +Amendment No.1 -- 48,846.00 Total 10,100.00 58,946.00 73,645.11 15,227.77 88,872.88 3,600.00 1,020.00 17,096.10 3,535.00 16,500.00 13,000.00 159,687.21 4,520.00 20,631.10 29,500.00 42,882.77 202,569.98 City of Yakima Fair Avenue Improvement Project Spruce Street to Pacific Avenue CONTRACT AMENDMENT NO. 2 EXHIBIT B-1 (SUPPLEMENTAL) SCOPE OF WORK Item No. 2A - Right of Way Acquisition Services In accordance with Chapter 25.5 of the latest edition of the LAG Manual, we will perform the following acquisition services. Appraisals will be performed by local, experienced, and qualified appraisers currently on the City's approved list and meeting the requirements of Chapter 25.5.51. Appraisal review will be performed by a WSDOT Review Appraiser. Negotiation will be performed by Mr. Tom Truax, who is a licensed real estate broker in the State of Washington and has worked on the previous Gateway Interchange right of way work, and Mr. Robert H. Sweesy, an experienced right of way negotiator, who has previously provided these type of services for City of Yakima projects. Relocation assistance would be performed by the City of Yakima Housing Office, if necessary, although we do not anticipate any relocation to be required for the Stage 1 project. We will perform the following services for right of way acquisition: PR7-68 1. Appraisal (where just compensation exceeds $2,500 - estimated to be four parcels). Comply with requirements of Chapter 25.5.51. Administrative offers will be prepared for thirteen parcels based on the estimated amounts in the True Cost Estimate. 2 Appraisal Review for the four parcels to be appraised. Using WSDOT Review Appraisers, comply with Chapter 25.5.52. WSDOT appraisal review costs to be paid directly by the City of Yakima. 3. Preparation of legal descriptions for right of way to be acquired. Obtain supplemental title reports, where necessary 4. Negotiations. Comply with Chapter 25.5.54 of the LAG Manual. Comply with Chapter 25.5.56, Administrative Settlements, where applicable, and Chapter 25.5.55, Donated Property, where possible. The following negotiation package shall be prepared for each parcel with responsibilities as outlined below: • Administrative Offer Summary (AOS) - Will be prepared by HLA and submitted to the city for approval. • Administrative Offer Letter - Will be prepared and executed by the City and provided to HLA. • Instrument of Conveyance - Will be prepared by the City and provided to HLA. Hulbregtse, Louman Associates, Inc. 1 of 2 PR7-68 5. Assist closing agency in clearing title in accordance with Chapter 25.5.53. Closing agency, such as a title company or law office, to take the lead in closing all transactions. All dosing costs and services and legal services to be paid directly by the City of Yakima. The following settlement package shall be provided to the City by HLA: Specific correspondence regarding the parcel. • Offer letter. Executed conveyance documents • Negotiations diary. 6 Documents Turn over all right of way acquisition documentation to the City of Yakima in compliance with Chapter 25 6 7 If agreement cannot be reached with the property owner(s), HLA will submit to the City a condemnation report which includes all of the above referenced documents related to a specific parcel It is understood that no condemnation actions will be taken by the City or HLA until negotiations have begun and the offer is made to the property owner(s). Hulbregtse, Louman Associates, Inc. 2 of 2 EXHIBIT D-1 AMENDMENT NO. 2 CONSULTANT I i E DETERMINATION — SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): Classification Man Hours x Rate = Cost Principal Engineer 8 x 37.00 $ 296.00 Licensed Engineer 16 x 24.00 384.00 Licensed Land Surveyor 60 x 21.00 1,260.00 Two Man Survey Crew 40 x 28.00 1,120.00 Word Technician 40 x 16.00 640.00 R/W Specialist 200 x 32.00 6,400.00 Task: Amendment No. 2 Item 2A, Right of Way Acquisition Services x x x TOTALDSC OVERHEAD (OH COST — including Salary Additives): OH Rate x DSC of 150.77 %x$ 10,100 00 = FIXED FEE (I1'): FFRatexDSC or 35 %x$ 10.100.00 = REIMBURSABLES: Itemized Supplemental Title Reports - 17 @ $60 = SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL $ 10,100.00 $ 15,227.77 $ 3,535.00 $ 1,020.00 $ 13,000.00 $ 42,882.77 PREPARED BY: William L. Hui bregtsP, PE DATE: May 1, 1996 Page 26 of 34 Local Agency Guidelines September 1995 EXHIBIT G SUBCONTRAt; IJiD WORK The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: 1. Haney Appraisals - 4 Parcels for a total S7,Om_nn Robert H. Sweesey - 10 Parcels @ $600/Parcel = $6,000.00. Page 30 of 34 Local Agency Guidelines September 1995 .q7-,3 Huibregtse, Lo an Associates, Inc. CIVIL ENGINEERING • LAND SURVEYING • PLANNING March 21, 1997 City of Yakima Engineering Division 129 North Second Street Yakima, WA 98901 Attn: Fred French, PE City Engineer Re: City of Yakima - Fair Avenue Improvement Project Federal Aid No. STPUS-4611(001) City Contract No. 94-57 (R-94-98) Proposed Contract Amendment No. 4 HLA Project No. 94076 Dear Fred: William L Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J.Whitcher, PE Donald H.Wilton,PLS HUIBREGTSE, LOUMAN ASSOCIATES, INC. (HLA), is pleased to submit the following proposed Contract Amendment per your request for the above referenced project. This Contract Amendment addresses Services During Construction. Please refer to the attached Exhibit B-1 for the proposed Scope of Services for this Amendment. We have also enclosed completed Supplemental Agreement forms from the LAG Manual in order to expedite this process. We will be glad to meet with you after you have had a chance to review this information Please -�- editior;a! f n We prepared to call if you have any questions or I. we may provide ai:+ui�iviiai information s,a ; are prepared �� begin immediately upon authorization to proceed. Thank you for the opportunity to provide these services to the City of Yakima. Very truly yours, William L. Huibregtse, PE WLH/jc PR8-79 Enclosure 3800 Summitview, Suite 100 Yakima,WA 98902 ❖ (509) 966-7000 •i• FAX (509) 965-3800 Project No. Agency Name of Project Agreement No. Gentlemen: SUPPLEMENTAL AGREEMENT - AMENDMENT NO. 4 Task 7 - Services During Construction STPUS - 4611 (001) City of Yakima Fair Avenue Improvement Project 94-57 (R-94-98) The Local Agency of City of Yakima desires to supplement the agreement entered into with Hu ibregtse, Louman Associates, inc. , and executed on July 20, 1994 and identified as Agreement No. 94-57 (R94-98) All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read See attached Exhibit B-1, SupplPmenta1 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read December 31, 1997. 111 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. The maximum amount payable under this agreeement as supplemented inclusive of all fees and other costs is now $ 274,686.28 If you concur in 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. DOT 140063 REV 10/94 Page 1 of 2 Sincerely, Consultant's Signature William L. Huibregtse, President Huibregtse, Louman Associates, Inc. Approving Author ty R. A. Zai s , Jr. , City Manager City of Yakima Direct Salary Cost Overhead (including Payroll Activities) Direct Non -Salary Costs Fixed Fee Sub -Consultant Total PRS -79 EXHIBIT "A" Summary of Payments Basic Agreement +Amendment No. 1 +Amendment No 2 +Amendment No. 3 68,174.00 102,785.94 4,620.00 23, 860.90 32,700.00 232,140.84 (Amendment No. 4) (Task 7, Services During Construction) Supplement Total +Amendment No 4 14,888.00 22, 446.64 0.00 5,210.80 0.00 83,062.00 125,232.58 4,620.00 29, 071.70 32, 700.00 42, 545.44 274, 686.28 EXHIBIT D-1 - AMENDMENT NO. 4 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA FAIR AVENUE IMPROVEMENT PROJECT Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): Classification Principal Engineer Licensed Engineer Licensed Land Surveyor Two Man Survey Crew Three Man Survey Crew CAD Technician TASK: Amendment No. 4 Task 7, Services During Construction Man Hours Rate Cost 24 x 37.00 = $888.00 60 x 24.00 = 1,440.00 40 x 21.00 = 840.00 220 x 28.00 = 6,160.00 120 x 42.00 = 5,040.00 40 x 13.00 = 520.00 TOTAL DSC = $ 14,888.00 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 14,888.00 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 14,888.00 REIMBURSABLE: Itemized = $ 22,446.64 = $ 5,210.80 = $ 0.00 SUBCONSULTANT COSTS (See Exhibit G): _ $ 0.00 GRAND TOTAL = $ 42,545.44 PREPARED BY: Dennis J. Whitcher DATE: March 21, 1997 PR8-79 City of Yakima Fair Avenue Improvement Project Spruce Street to Pacific Avenue CONTRACT AMENDMENT NO. 4 TASK 7, SERVICES DURING CONSTRUCTION EXHIBIT B-1 Services During Construction Task 7 of Exhibit B-1, Scope of Work, of the Original Agreement dated July 20, 1994, provided for Services During Construction with the final scope of that work and fee to be determined. The consultant will establish the line and grade of proposed construction by offset stakes and "blue top" hubs as outlined below. The consultant will perform all surveying necessary for horizontal and vertical control of the work. 1. Perform field construction staking for domestic water main improvements, including fire hydrants and side street crossing locations via an offset line of hubs and lath. 2. Perform field construction staking for storm drain connection in Spruce Street from Fair Avenue east to existing storm drain system via an offset line of hubs and lath. 3. Perform field construction staking for roadway construction as follows: A. Offset stakes will be provided one time only for back of curb alignment/top of curb grade on each side of the roadway at fifty (50) foot intervals and at all curb returns. B. Provide stakes for catch basins and storm drain infiltration systems with offset hubs and lath. C. Provide slope staking in areas of significant sloping and establish centerline for minor structures, and establish bench marks at convenient locations for use by the Contractor. D. Provide subgrade stakes for rough subgrade excavation one time only at fifty (50) foot intervals at roadway centerline. E. Provide "blue top" hubs one time only at fifty (50) foot intervals at centerline for final subgrade excavation. F. Provide "blue tops" one time only at fifty (50) foot intervals at centerline for first lift of Class "E" paving. PR8-79 G. Provide "blue tops" one time only at fifty (50) foot intervals at centerline and at curb and gutter at each side of the roadway for second lift of Class "E" paving. H. Provide "blue tops" one time only at fifty (50) foot intervals at centerline for third lift of Class "E" paving. I. Provide staking for location of signal poles at the intersection of Fair Avenue and Pacific Avenue with offset hubs and lath. J. Provide staking for detector loops for signalization system at Fair Avenue and Pacific Avenue. 4. Provide copies of survey construction staking notes and cut sheets to the City Inspector. PR8-79 Huibregtse, Lowman Associates, Inc. CIVIL ENGINEERING • LAND SURVEYING • PLANNING RAMSK Phone: 509-966-7000 / FAX: 509-965-3800 Date: February 11, 1999 Project No.: 98113 To: City of Yakima, Eng. Div Attention: Fred French From: Dennis Whitcher Re: Yakima Avenue/I-82 Gateway Project Revision to Subtask 1 b - Wetlands Work jj,,�� l.r,r� (app 9'11-,57 We are sending you attached the following items: (1) Copy of Agreement for Amendment No. 8 dated September 18, 1998 (1) Transmittal Letter of January 29, 1999 (1) Revised Subtask 1b (to Amendment No. 8 dated September 18, 1998) (1) CH2M HILL Attachment A describing subconsultant services (1) CH2M HILL Budget Summary by Task Comments: Fred: Please review the enclosed information. If the amended Subtask lb to include CH2M HILL as a subconsulant for the wetlands assessment is acceptable, please sign the January 29, 1999, letter and gaive us a call so we may pick it up and notify CH2M HILL. If you have any questions, please give me a call. Thank you. Copy to: Signed: TRANSMIT Huibregtse, Lowman Associates, Inc. CIVIL ENGINEERING • LAND SURVEYING • PLANNING January 29, 1999 City of Yakima Engineering Division 129 North Second Street Yakima, WA 98901 Attn: Fred French, PE City Engineer Re: Yakima Avenue/I-82 Gateway Project City Agreement No. 94-57(R94-98) - Amendment No. 8 Revision to Subtask 1 b Dear Fred: William L. Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J.Whitcher, PE Francis J. Jaeger, PE Eric T. Herzog, PLS Heidi C. Herzog, PE Michael T. Battle, PE Enclosed is a revised Exhibit D-1 for Subtask 1 b of our current agreement for completion of the above referenced project. This Exhibit D-1 has been revised to show a subconsultant amount of $5,995.00 for wetlands assessment work to be performed by CH2M HILL. As discussed in our previous letter to you dated January 15, 1999, the subconsultant work is required to assess the impact of the TAR Ramp construction on the existing vetlan ds. CH2M-HILL has prepared a scope of services for this assessment work which we have submitted with this letter. We have reevaluated our involvement in Subtask 1 b and have adjusted our estimated time based upon CH2M HILL's scope of services for the assessment work. The revised total amount of Subtask 1 b ($23,070.50) does not exceed the original total amount ($23,107.25). Depending upon the results of the assessment work element of this project, the scope and fee for design and preparation of plans and specifications for any required wetlands mitigation construction may have to be revised, which will require another revision to this Subtask. Ykl 0-42 3800 Summitview, Suite 100 • Yakima,WA 98902 :• (509) 966-7000 FAX (509) 965-3800 City of Yakima January 29, 1999 Page 2. CH2M HILL is ready to proceed upon your authorization of this subtask revision. We will inform you of any meetings with the WDOE and other agencies so that you may attend if your schedule permits. Thank you for your consideration. V ; truly yours, Dennis J. DJW/lw Ykl 0-42 Enclosure her, PE Revised Subtask lb, Exhibit D-1 APPROVED: Fred French, PE, City Engineer Yk1 0-42 //- /999 Date Huibregtse, Lowman Associates, Inc. EXHIBIT D-1 - AMENDMENT NO. 8 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 8 FAIR AVENUE IMPROVEMENT PROJECT Subtask 1b, Wetlands Mitigation - Spruce Street to Pacific Avenue REVISED Mitigation Work DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 6 x 37 00 = $222.00 Licensed Engineer 70 x 25.00 = 1,750.00 Project Engineer 20 x 19.00 = 380.00 Licensed Land Surveyor 40 x 20.00 = 800.00 Two Man Survey Crew 40 x 33.40 = 1,336.00 CAD Technician 60 x 16.00 = 960.00 Word Processing Technician 19 x 16.70 = 317.30 TOTAL DSC = $ 5,765.30 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 5,765.30 = $ 8,692.34 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 5,765.30 $ 2,017.86 REIMBURSABLE: Itemized = $ 600.00 SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL PREPARED BY: William L. Huibregtse PROJ10-5.wpd _ $ 5,995.00 = $ 23,070.50 DATE: January 25, 1999 Huibregtse, Lowman Associates, Inc. YAKIMA GATEWAY Wetlands Mitigation ATTACHMENT A Initial Contract SCOPE OF WORK PRELIMINARY ENGINEERING AND SUBCONSULTANT SERVICES Yakima Gateway Wetlands Mitigation Section 1 PROJECT DESCRIPTION The work of this AGREEMENT consists of providing preliminary engineering for the project titled "City of Yakima 1-82 Wetlands Mitigation Project". The major feature of the project is the replacement and mitigation of 1.46 acres of wetlands associated with the Yakima. Avenue/I.82 Project. Section 2 TASK DESCRIPTIONS Work Element 1 PROJECT MANAGEMENT A detailed schedule for the CONSULTANT work elements will be jointly developed with HLA. The schedule will be updated periodically to reflect the current status of the project. This work element will also prepare the monthly progress reports and monthly invoices. Progress reports will discuss the work in the previous month, the status of individual work elements, meetings attended, and outstanding information. This work element provides for the preparation, attendance, follow-up, and documentation of meetings over the course of the project. These meetings will be the forum for the agencies to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. Periodic monitoring of the consultants design budget will occur over the course of the project. Current status as well as projections to complete will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for budget increases or scope modifications or reductions. This work element also provides for the implementation of quality control program. 029199 1.1:I4AM A 7 YAKIMA GATEWAY Wetlands Mitigation Work Element 2 MISCELLANEOUS SERVICES Data Collection The CONSULTANT will provide HLA with hard copy half sized (1 1x17) design drawings of 1-82 TAR Ramp construction plans. Remaining Wetland Mitigation Work Memorandum The CONSULTANT will prepare a memorandum that lists observations and opinions of remaining wetland mitigation work. A visit to the wetland site will be made to evaluate the effect of the TAR Ramp construction on the wetlands, and a visit to the proposed wetland replacement site will be made to evaluate if the proposed site remains a viable replacement site following potential effects of construction. Summary Meeting A meeting with HLA will occur to discuss evaluations and opinions of the wetland mitigation site and to reach consensus on further work elements. Washington Department of Ecology Coordination The CONSULTANT will meet with HLA and the WDOE to determine and clarify WDOE requirements. The CONSULTANT will prepare a narrative for submittal to WDOE addressing the approach to meet these conditions of WDOE. Work Element 3 WETLAND MITIGATION PS&E Wetland Mitigation PS&E will follow Work Element 2 as Work Element 3. However, the scope for Work Element 3 cannot be determined until the results of Work Element 2 are established. Therefore Work Element 3 has been removed from this document and will be submitted as a separate document. 1/29199 11:14AM EXHIBIT D-1 City of Yakima Yakima Gateway Wetlands Mitigation January 28, 1999 Budget Summary by task T t I Labor li'i•."*"-DVeralt" ThtaLs 1 Project Management 2 Miscellaneous Services TOTALS $0 $384 $384 $1,130 $4,865 $5,995 Gateway Wetland Fee Estimate 2.xls Page 4 of 4 Gateway Wetland Fee Estimate 2.xls Project No. Agency Name of Project Agreement No. Gentlemen: The Local Agency of entered into with July 20, 1994, SUPPLEMENTAL AGREEMEN1 STPUS - 4611 (001) City of Yakima Fair Avenue Improvement Project 94-57 (R-94-98) the City of Yakima Huibregtse, Louman Associates, Inc. and identified as Agreement No. AMENDMENT NO. 8 Task 8 -Additional Services Completion of State 1A, 1B, and 1C of 1-82/ Yakima Avenue Project ‘7 4070 Vielff desires to supplement the agreement and executed on 94-57 (R-94-98) All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 RECEIVED Section 1, SCOPE OF WORK, is hereby changed to read H 1998 See attached Exhibit B-1, Supplemental. 11 Nuifarc;t:e Lotman Associates, Inc Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read June 30, 1999. 111 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $ 419,045.90 . If you concur in 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. August 21, 1998 Sincerely, September 18, 1998 Date Date . C a Consultants Signature William L. Huibregtse, President Huibregtse, Louman Associates, Inc. PROJ9-90.wpd Approving A iT rity R. A. Zais, Jr., City Manager City of Yakima City Contract No. 98-1 Resolution No. R-98-13 ATTEST ity Clerk Huibregtse, Lowman Associates, Inc. EXHIBIT "A" Summary of Payments (Amendment No. 8) (Task 8, Additional Services for Completion of State 1A, 1B, and 1C of I-82Nakima Avenue Project.) Basic Agreement Supplement Total +Amendment No. 1 +Amendment No. 2 +Amendment No. 3 +Amendment No. 4 +Amendment No. 5 +Amendment No. 6 +Amendment No. 7 Direct Salary Cost 97,923.60 +Amendment No 8 29,565.60 127,489.20 Overhead 147, 639.42 44, 576.06 192, 215.48 (including Payroll Activities) Direct Non -Salary Costs 4,820.00 2,200.00 7,020.00 Fixed Fee 34,273.26 10,347.96 44,621.22 Sub -Consultant 32,700.00 15,000.00 47,700.00 Total 317,356.28 101,689.62 419,045.90 PROJ9-90.wpd Huibregtse, Lowman Associates, Inc. City of Yakima Yakima Avenue - 1/82 Phase 1C CONTRACT AMENDMENT NO. 8 CITY PROJECT NO. 1847 EXHIBIT B-1 Scope of Services General Project Description: The work covered by this Supplemental Agreement consists of the completion of design and construction of project elements of Stage 1C and certain work items not completed under Stage 1B of the Yakima Avenue - 1/82 Project 1. Wetlands mitigation 2. Completion of the Lincoln/B street couplet 3. Landscaping These items are project elements which were included in a previous consultant contract between the City of Yakima and CH2M HILL. Each of the project elements was completed to a different stage depending upon the project funding limitations at that time. It is our understanding that the City of Yakima has received funding for completion of these project elements. Huibregtse, Louman Associates, Inc. (HLA), is preparing this Scope of Services as requested by the City of Yakima and, therefore, assumes the previous contractual relationship between the City and CH2M HILL has been terminated and all previous studies, reports, designs, and information related to these items are available to HLA. The City of Yakima will advertise the construction phases of the project elements for bid, and print and distribute the plans and specifications to prospective bidders, conduct the bid opening(s), and prepare the contracts for signature and award. The City will also perform construction administration and observation, project close out, progress payments, and funding requests and reports. PROJ9-90.wpd Huibregtse, Louman Associates, Inc. Task 1a - Wetlands Mitigation - Current Status Research The current status of the previous wetlands mitigation work of Boise Cascade property is uncertain and should be verified. Task 1 a - Current Status Research is intended to discover the status of the previous work and to obtain a more clear need and direction of additional tasks necessary to complete the wetlands mitigation. A scope of potential additional tasks has been separately outlined under Task 1 b - Mitigation Work. 1 a.1 Contact CH2M HILL and the City of Yakima to obtain copies of all documents relating to the Boise Cascade wetlands mitigation issue. 1a.2 Review all documents received to determine if there is any outstanding mitigation work to be completed. 1 a.3 Review the status of project funding allocations for wetlands mitigation. 1a.4 Prepare a technical memorandum summarizing the status of the wetlands mitigation issue, as determined from information obtained in Tasks 1.1 through 1.3. 1a.5 Prepare estimate of costs of remaining mitigation work. PROJ9-90.wpd Huibregtse, Lowman Associates, Inc. Task 1 b - Wetlands Mitigation - Mitigation Work Depending upon the information obtained in Task la, additional tasks may be necessary to complete the wetlands mitigation project element. Subtask lb will be authorized by the City of Yakima, if necessary, after completion of Task 1 a - Current Status Research. Some of the following tasks may not be necessary, while other tasks not identified below may be required: 1 b.1 Contact Boise Cascade, the Corps of Engineers, the Department of Ecology, WSDOT, and the Yakima Greenway, as required, to proceed with additional wetlands mitigation work. 1 b.2 Determine wetlands mitigation site(s). 1 b.3 Perform field surveying and area calculations of mitigation site(s). 1 b 4 Prepare legal descriptions and maps. lb.5 Provide the City Legal Department with the legal descriptions and maps for their preparation of necessary agreements. lb.6 File surveys and legal descriptions with the Yakima County Auditor's Office, as required. 1 b.7 Perform field surveying to permit final design of required mitigation work. 1 b.8 Prepare final PS&E for wetlands mitigation construction. 1 b.9 Submit final PS&E to the City of Yakima Engineering Division for review and approval with follow-up as required. 1b.10 Deliver original plans and specifications to the City of Yakima Engineering Division for printing, advertising and bidding. lb.11 Provide services during bidding to answer questions from bidders and prepare addenda for distribution by the City. 1b.12 Attend the bid opening and assist the City in evaluation of the bids. PROJ9-90.wpd Huibregtse, Louman Associates, Inc. Task 2 - Completion of the Lincoln/B Street Couplet Previous contract work completed construction of the Lincoln Avenue portion of the Lincoln/B Street couplet. The B Street portion of the couplet was not constructed. 2.1 Contact CH2M HILL and the City of Yakima to ascertain the status of the right of way acquisition and PS&E for the completion of the Lincoln/B Street couplet. 2.2 Prepare legal descriptions for any outstanding parcels to be acquired on Stage 1C. 2.3 Transmit legal descriptions to the City Legal Department for acquisition and recording of any outstanding parcels on Stage 1C. 2.4 Contact CH2M HILL and the City of Yakima to obtain alignment and design information. 2.5 Perform additional field surveying to permit final detailed design of the couplet. 2.6 Prepare PS&E for construction of the B Street portion of the couplet. 2.7 Perform field surveying to permit final design of the sidewalks. 2.8 Prepare final PS&E for new sidewalk construction as a separate Schedule. 2.9 Submit final PS&E to the City of Yakima Engineering Division for review and approval, with follow-up as required. 2.10 Deliver original plans and specifications to the City of Yakima Engineering Division for printing, advertising, and bidding. 2.11 Provide services during bidding to answer questions from bidders and prepare addenda for distribution by the City. 2.12 Attend the bid opening and assist the City in evaluation of the bids. PROJ9-90.wpd Huibregtse, Louman Associates, Inc. Task 3 - Landscaping Previous consultant work by CH2M HILL provided for the conceptual design of landscaping improvements to the Fair Avenue area from the Lincoln/B Street couplet to the Terrace Heights undercrossing Due to funding limitations, landscaping was not constructed as part of Stage 1A or Stage 1B construction phases. This outline of tasks covers landscaping design from the Fair Avenue undercrossing ramp to Yakima Avenue to the TAR Ramp, east of Fair Avenue to the existing right of way fence, and the triangular area between the Lincoln Street and B Street couplet to Fair Avenue. No irrigation is to be designed for any landscaping. 3.1 Obtain available design information from CH2M HILL, including a copy of Landscaping and Erosion Control Report, I-82/Yakima Avenue Interchange and Fair Avenue Project (CH2M HILL), the City of Yakima, and the WSDOT. 3.2 Prepare PS&E for landscaping withing current City funding limitations. 3.3 Review plans with the Yakima Arboretum, the City of Yakima. 3.4 Revise plans as required per comments from reviewing organizations. 3.5 Submit final PS&E to the Yakima Arboretum and the City of Yakima Engineering Division for review and approval, with follow-up as required. 3.6 Deliver original plans and specifications to the City of Yakima Engineering Division for printing, advertising, and bidding. 3.7 Provide services during bidding to answer questions from bidders and prepare addenda for distribution by the City. 3.8 Attend the bid opening and assist the City in evaluation of the bids. PROJ9-90.wpd Huibregtse, Louman Associates, Inc. EXHIBIT D-1 - AMENDMENT NO. 8 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 8 FAIR AVENUE IMPROVEMENT PROJECT Subtask 1a, Wetlands Mitigation - Spruce Street to Pacific Avenue Current Status Research DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 16 x 37.00 = $592.00 Licensed Engineer 40 x 25.00 = 1,000.00 Word Processing Technician 8 x 16.70 = 133.60 TOTAL DSC = $ 1,725.60 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 1,725.60 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 1,725.60 = $ 2,601.69 $ 603.96 REIMBURSABLE: Itemized = $ 200.00 SUBCONSULTANT COSTS (See Exhibit G): = $ 0.00 GRAND TOTAL = $ 5,131.25 PREPARED BY: William L. Huibregtse DATE: August 21, 1998 PROJ9-90.wpd Huibregtse, Lowman Associates, Inc. EXHIBIT D-1 - AMENDMENT NO. 8 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 8 FAIR AVENUE IMPROVEMENT PROJECT Subtask 1b, Wetlands Mitigation - Spruce Street to Pacific Avenue Mitigation Work DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 16 x 37.00 = $592.00 Licensed Engineer 100 x 25.00 = 2,500.00 Project Engineer 20 x 19.00 = 380.00 Licensed Land Surveyor . 40 x 20.00 = 800.00 Two Man Survey Crew 40 x 33.40 = 1,336.00 CAD Technician 100 x 16.00 = 1,600.00 Word Processing Technician 40 x 16.70 = 668.00 TOTAL DSC = $ 7,876.00 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 7,876.00 = $ 11,874.65 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 7,876.00 = $ 2,756.60 REIMBURSABLE: Itemized = $ 600.00 SUBCONSULTANT COSTS (See Exhibit G): = $ 0.00 GRAND TOTAL = $ 23,107.25 PREPARED BY: William L. Huibregtse DATE: August 21, 1998 PROJ9-90.wpd Huibregtse, Louman Associates, Inc. EXHIBIT D-1 - AMENDMENT NO. 8 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 8 FAIR AVENUE IMPROVEMENT PROJECT Subtask 2, Lincoln/B Street Spruce Street to Pacific Avenue Couplet DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 60 x 37.00 = $2,220.00 Licensed Engineer 200 x 25.00 = 5,000.00 Project Engineer 60 x 19.00 = 1,140.00 Licensed Land Surveyor . 40 x 20.00 = 800.00 Two Man Survey Crew 60 x 33.40 = 2,004.00 CAD Technician 260 x 16.00 = 4,160.00 Word Processing Technician 80 x 16.70 = 1,336.00 TOTAL DSC = $ 16,660.00 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 16,660.00 = $ 25,118.28 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 16,660.00 = $ 5,831.00 REIMBURSABLE: Itemized = $ 1,000.00 SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL PREPARED BY: William L. Huibregtse PROJ9-90.wpd = $ 5,000.00 = $ 53,609.28 DATE: August 21, 1998 Huibregtse, Lotman Associates, Inc. EXHIBIT D-1 - AMENDMENT NO. 8 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK: Amendment No. 8 FAIR AVENUE IMPROVEMENT PROJECT Subtask 3, Landscaping Spruce Street to Pacific Avenue DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 8 x 37.00 = $296.00 Licensed Engineer 40 x 25.00 = 1,000.00 Project Engineer 20 x 19.00 = 380.00 CAD Technician 60 x 16.00 = 960.00 Word Processing Technician 40 x 16.70 = 668.00 TOTAL DSC = $ 3,304.00 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 3,304.00 = $ 4,981.44 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 3,304.00 = $ 1,156.40 REIMBURSABLE: Itemized = $ 400.00 SUBCONSULTANT COSTS (See Exhibit G): GRAND TOTAL PREPARED BY: William L. Huibregtse PROJ9-90.wpd = $ 10, 000.00 = $ 19,841.84 DATE: August 21, 1998 Huibregtse, Louman Associates, Inc. Huibregtse, Lotman Associates, Inc, • May 16, 2000 CML ENGINEERING • LAND SURVEYING • PLANNING City of Yakima Engineering Division 129 North Second Street Yakima, WA 98901 Attn: Mr. K. Wendell Adams, PE City Engineer Re: Yakima Avenue/I-82 Gateway City Agreement No. 94-57(R94-98) - mendment No. TO Revision to Subtask 1 b - Wetlands Mitiga ion esig Dear Wendell: William L Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J.Whitcher, PE Francis J Jaeger, PE Eric T. Herzog, PLS Heidi C. Herzog, PE Michael T. Battle, PE Huibregtse, Louman Associates, Inc. (HLA), is under contract with the City of Yakima to provide engineering services for the completion of Stage 1C and certain items not completed under Stage 1B of the Yakima Gateway Project. One of the remaining items is the completion of required wetlands mitigation work. Please refer to the attached June 24, 1999, letter from HLA giving a brief history of this item. The Department of Ecology issued a letter (March 3, 2000, copy attached) which indicates that the City of Yakima is required to design and develop a wetlands mitigation area north of the flood control levee which was constructed by the City in 1999. Task 1 b of our agreement with the City, referred to earlier, is the design and preparation of plans and specifications for the wetlands mitigation area. At the time the agreement with the City was executed, the extent of the design effort was not known. In fact, the status of the wetlands issue had to be determined and was a separate task of the agreement (Task 1 a). Now that the status of the wetlands has been determined, a more accurate cost for the design and preparation of plans and specifications can be made. The original agreement with the City estimated a cost of $23,107.25 for the wetlands design and preparation of plans and specifications. No subconsultant fees were included. G:\JanislYakima11-JK\yk11-33 MAY 1 7 ;: f;e y. 801 North 39th Avenue :+ Yakima,WA 98902 + (509) 966-7000 •'s FAX (509) 9fiattil,' „� . City of Yakima May 16, 2000 Page 2. Enclosed is a revised Exhibit 0-1 for Subtask lb of our current agreement with the City. This exhibit D-1 has been revised to reflect the fee in the amount of $46,823.21 for the design and preparation of plans and specifications for the identified wetlands mitigation area. This amount includes a subconsuitant amount of $34,434.00 for work to be performed by CH2M HILL. We are prepared to proceed upon your authorization of this subtask revision. Bob Desgrosellier is working with Yakima County regarding the status of the land to be developed as the replacement wetlands. We have included some time in the revised fee for Subtask 1 b for the preparation of a legal description of the property. If you would like to meet to review this proposed revision, please feel free to call. Thank you. Very truly yours, Dennis J. W DJWJjk Enclosure er, PE Revised Subtask lb, Exhibit D-1 APPROVED: K. Wendell Adams, PE, City Engineer G:\JanislYakima11-JMyk11-33 Date Hu bregtse, Immix' Associates, Inc. Project No Agency Name of Project Agreement No. Gentlemen. The Local Agency of entered into with July 20, 1994, SUPPLEMENTAL AGREEMENT - AMENDMENT NO. 10 Task 8 -Additional Services Completion of State 1A, 13, and 10 of 1-82/ Yakima Avenue Project STPUS - 4611 (001) City of Yakima Fair Avenue Improvement Project 94-57 (R-94-98) the City of Yakima desires to supplement the agreement Huibreatse, Louman Associates. Inc. and executed on and identified as Agreement No 94-57 (R-94-98) 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 B-1, Supplemental. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read September 30, 2000. ill Section V, PAYMENT, shall be amended as follows. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $ 473.661.96 . If you concur in 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 May 16, 2000 Date Sincerely, 3 0 -ILA 3 „20OO Date Consultant's Signature Approvingu1 t ority R. A. Zais, Jr., City Manager City of Yakima William L. Huibregtse, President Huibregtse, Louman Associates, Inc. G:1P ro2-J K\p rik2-42.wpd Contract No. 2000-59 Resolution No. R-2000-85 EXHIBIT "A" Summary of Payments (Amendment No. 10) (Task 1b, Additional Services for Completion of Stage 10 of l-82/Yakima Avenue Project.) Basic Agreement Supplement Total +Amendment No. 1 +Amendment No. 2 +Amendment No 3 +Amendment No 4 +Amendment No. 5 +Amendment No 6 +Amendment No. 7 +Amendment No 8 +Amendment No 9 +Amendment No. 10 Direct Salary Cost 130,041,20 4,230.40 Overhead 196, 063.13 6,378.17 (including Payroll Activities) Direct Non -Salary Costs 7,520.00 Fixed Fee 45,514.42 Sub -Consultant 47 700.00 Total 426, 838.75 G.1Pro2-J nprjk2-42.wod 134,271 60 202,441.30 300.00 7,820.00 1.480.64 46.995.06 34,434.00 82,134.00 46, 823.21 473.661.96 EXHIBIT D-1 - AMENDMENT NO 10 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (LUMP SUM, COST PLUS FIXED FEE, COST PER UNIT OF WORK) PROJECT: CITY OF YAKIMA TASK. Amendment No 10 FAIR AVENUE IMPROVEMENT PROJECT Subtask la, Wetlands Mitigation - Spruce Street to Pacific Avenue Mitigation Work DIRECT SALARY COST (DSC): Classification Man Hours Rate Cost Principal Engineer 4 x 37.00 = $148.00 Licensed Engineer 80 x 25.00 = 2,000 00 Project Engineer 0 x 19 00 = 0.00 Licensed Land Surveyor 12 x 20 00 = 240 00 Two Man Survey Crew 24 x 33.40 = 801 60 CAD Technician 40 x 16.00 = 640.00 Word Processing Technician 24 x 16.70 = 400.80 TOTAL DSC = $ 4,230.40 OVERHEAD (OH COST - including Salary Additives): OH Rate x DSC or 150.77 % x $ 4,230.40 = $ 6.378.17 FIXED FEE (FF): FF Rate x DSC or 35 % x $ 4,230.40 = $ 1,480.64 REIMBURSABLE. Itemized Reproduction $300.00 = $ 300.00 SUBCONSULTANT COSTS (See Exhibit G). GRAND TOTAL PREPARED BY: William L. Huibregtse G: \Pro2-1 K1pr'k2-42.wpd = $ 34.434.00 = $ 46,823.21 DATE. May 16, 2000 NOTICE OF CLAIM AGAINST BOND AND NOTICE OF CLAIM AGAINST RETAINED PERCENTAGE FUND (RCW 39.08.030 and RCW 60.28.010) TO: CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 NOTICE IS HEREBY GIVEN that the undersigned, Construction Pacific Coast, Inc., 711 Scenic Bluff, Yakima, Washington 98908, has a claim in the principal sum of Sixty Two Thousand Two Hundred Ninety Eight and 87/100 Dollars ($62,298.87), which amount may be amended and which claim may include attorney's fees and costs, together with interest at the rate of 12% per annum, against the Bond taken from Superior Paving Co., as principal, and American Home Assurnace Compnay, as surety, Bond number 17-36-42, and against the statutory retained percentage withheld by the City of Yakima for the labor and/or materials or equipment supplied for the project known as the Fair Avenue Improvement Project (City of Yakima Project no.s 1526 and 1525), located in Yakima, Washington. Dated: October 17, 1997 CONSTRUCTION PACIFIC COAST, INC., Claimant , Its Attorney To: And To: And To: And To: NOTICE OF CLAIM AGAINST PERFORMANCE BOND Jerry Foy Director of Public Works City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Construction Pacific Coast, Inc. 711 Scenic Bluff Yakima, WA 98908 Superior Asphalt & Concrete Company 2000 E. Beech St. Yakima, WA 98901 American Home Assurance Co. c/o Raleigh, Schwartz & Powell Attn: Paula McCoy P.O. Box 2437 Seattle, WA 98124 Y` 7 :C8 NOTICE IS HEREBY GIVEN pursuant to RCW 39.08.030 that GK Mechanical & Construction, Inc., has a claim in the sum of $18,400.00 plus interest at the rate of 1.5% per month from the date such sums were due plus attorneys fees and costs, against the performance bond (Number 17-36-42) taken from American Home Assurance Company, Bond Number (c/o Raleigh, Schwartz & Powell, P.O. Box 2437, Seattle, Washington 98124), by Superior Asphalt & Concrete Company. The bond covers the work done by GK Mechanical & Construction, Inc., on the Fair Avenue Improvement Project Spruce St. to Pacific Avenue (Yakima City Project No. 1545 and 1526) contracted for by the City of Yakima and under which Superior Asphalt & Concrete Company was the general contractor and under which Construction Pacific Coast, Inc., was the a sub -contractor. The general nature of the work which GK Mechanical and Construction, Inc., performed was the installation of approximately 3200 lineal feet of piping, tapping for water service connections and the connections for the water service GK MEC ^'r AN P"TRUCTION, INC. I _.......„„„„40 By: It. Attorney f: \ clients \rwb\gk\bondclm. not 9/22/97 8:39 am To: And To: And To: And To: Ln NOTICE OF LIEN ON RETAINAGE BOND r SEP 22 �,, 9 Jerry Foy Director of Public Works City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Construction Pacific Coast, Inc. 711 Scenic Bluff Yakima, WA 98908 Superior Asphalt & Concrete Company 2000 E. Beech St. Yakima, WA 98901 American Home Assurance Co. c/o Raleigh, Schwartz & Powell Attn: Paula McCoy P.O. Box 2437 Seattle, WA 98124 s Notice is hereby given pursuant to RCW 60.28.015 that the undersigned GK Mechanical and Construction, Inc. has a lien against the retainage bond (Bond Number 17-36-43) in the sum of $18,400.00 plus interest on such sums at the rate of 1.5% percent per month from the date said sums were due plus attorneys fees and costs, which retainage bond was taken out by Superior Asphalt & Concrete Company from American Home Assurance Company (c/o Raleigh, Schwartz & Powell P.O. Box 2437, Seattle, Washington 98124,) on account of work contracted for by the City of Yakima (specifically the Fair Avenue Improvement Project Spruce St. to Pacific Avenue, City Project Numbers 1545 and 1526) and under which Superior Asphalt and Concrete Company was the general contractor and under which Construction Pacific Coast, Inc. was a sub -contractor. The general nature of the work which GK Mechanical and Construction, Inc., performed was the installation of approximately 3200 lineal feet of piping, tapping for water service connections and the connections for the water service. GK ► -10 NI _ _ `_►__I ! STRUCTION, INC. By: It Attor ey f: \clients\rwb\gk\retain, not 9/18/97 10:31 am AMENDED AND RE -FILED NOTICE OF CLAIM AGAINST BOND AND NOTICE OF CLAIM AGAINST RETAINED PERCENTAGE FUND (RCW 39.08.030 and RCW 60.28.010) TO: CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 NOTICE IS HEREBY GIVEN that the undersigned, Construction Pacific Coast, Inc., 711 Scenic Rli,ff, Yakima, Washington 98908, has a claim in the principal sum of Ninety Eight Thousand Eight Hundred Twenty Seven and 61/100 Dollars ($98,827.61), which amount may be amended and which claim may include attorney's fees and costs, together with interest at the rate of 12% per annum, against the Bond taken from Superior Paving Co., as principal, and American Home Assurance Company, as surety, Bond number 17-36-42, and against the statutory retained percentage withheld by the City of Yakima for the labor and/or materials or equipment supplied for the project known as the Fair Avenue Improvement Project (City of Yakima Project no.s 1526 and 1525), located in Yakima, Washington. Dated: February 11, 1998 CONSTRUCTION PACIFIC COAST, INC., Claimant By: Ala I-dn.aldson, Its Attorney �•v AMENDED AND RE -FILED NOTICE OF CLAIM AGAINST BOND AND NOTICE OF CLAIM AGAINST RETAINED PERCENTAGE FUND (RCW 39.08.030 and RCW 60.28.010) TO: CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 NOTICE IS HEREBY GIVEN that the undersigned, Construction Pacific Coast, Inc., 711 Scenic Bluff, Yakima, Washington 98908, has a claim in the principal sum of Ninety Eight Thousand Eight Hundred Twenty Seven and 61/100 Dollars ($98,827.61), which amount may be amended and which claim may include attorney's fees and costs, together with interest at the rate of 12%- per annum, against the Bond taken from Superior Paving Co., as principal, and American Home Assurance Company, as surety, Bond number 17-36-42, and against the statutory retained percentage withheld by the City of Yakima for the labor and/or materials or equipment supplied for the project known as the Fair Avenue Improvement Project (City of Yakima Project no.s 1526 and 1525), located in Yakima, Washington. Dated: June 12, 1998 CONSTRUCTION PACIFIC COAST, INC., Claimant aIdson, Its Attorney SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is made and entered into by and between Construction Pacific Coast, Inc. ("CPC"), Superior Paving Co. ("Superior") and the City of Yakima (the "City"). RECITALS WHEREAS, CPC was a subcontractor to Superior pursuant to a subcontract agreement dated April 29, 1997 (the "Subcontract") in connection with the Fair Avenue Improvement Project, City Project No. 1525 and 1526, in Yakima (the "Project"), and Superior was in turn the general contractor to the City, as owner; and, WHEREAS, CPC and Superior have asserted claims against one another arising out of the Subcontract and the Project in the pending arbitration action commenced with the American Arbitration Association entitled Construction Pacific Coast, Inc. v. Superior Paving Co. / City of Yakima, Number 75 110 00365 98 (the "Arbitration"); and, WHEREAS, CPC has, pursuant to a pass-through agreement with Superior, asserted claims in the Arbitration against the City of Yakima arising out of the Project; and, WHEREAS, the parties desire to settle all of their respective claims pertaining to the Project and the Arbitration; NOW, THEREFORE, for and in consideration of the foregoing recitals, the below promises, and good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto, intending to be bound, agree as follows: AGREEMENT 1. The parties hereby fully compromise and settle their respective claims and disputes concerning the Subcontract, the Project and the Arbitration as hereinafter provided. 2. The City shall pay to CPC upon the execution of this Agreement the amount of Thirty Five Thousand Dollars ($35,000.00) in the form of a check made payable to: "Construction Pacific Coast, Inc.". CPC's Tax Identification Number is 91-1344365. 3. (a) CPC and mutually release each officers, shareholders present claims, causes the City and their successors and assigns, other, their sureties, attorneys, agents, and employees from any and all known past or of action, demands, damages and liabilities, Settlement Agreement and Mutual Release - 1 whether liquidated or unliquidated, contingent or non -contingent, which either have been asserted or which could have been asserted, arising out of or related to the Subcontract, the Project and the Arbitration to the greatest extent allowed by law. The City specifically reserves its right to assert claims for latent defects. (b) Nothing herein shall operate as a release by the City of any claims against Superior pertaining to the Project, for warranty items or otherwise, and nothing herein shall operate as a release by Superior of any claims that it may have against the City. 4. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the state of Washington. If any provision of this Agreement is deemed by law to be void, invalid or inoperative for any reason, or any phrase or clause within such provision is deemed by law to be void, invalid or inoperative, that phrase, clause or provision shall be deemed modified to the extent necessary to make it valid and operative or, if it cannot be so modified, then such phrase, clause or provision shall be deemed severed from this Agreement, with the remaining phrases, clauses, and provisions continuing in full force and effect as if the Agreement had been signed with the void, invalid or inoperative portion so modified or eliminated. 5. This Agreement states the entire agreement between the parties hereto and merges all prior negotiations, agreements and understandings, if any, and states in full the representations and warranties which have induced the Agreement. 6. (a) Venue and jurisdiction for any cause of action between CPC and Superior arising out of this Agreement shall lie in binding arbitration with the American Arbitration Association and before the arbitrator selected by the parties for the pending arbitration action, Kim De Rubertis. The party determined to be the substantially prevailing party in such arbitration or other litigation arising out of this Agreement shall recover its costs and attorneys fees actually incurred, including for appeals. (b) To the extent that CPC or Superior shall have any standing to assert any claim against the City arising out of this Agreement, then the venue and jurisdiction for such claim shall be as peLutitted by the main contract or at law. 7. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement, and the signature of any party in counterpart shall be deemed as a signature to and may be appended to any other counterpart. Settlement Agreement and Mutual Release - 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written below. CONSTRUCTION PACIFIC COAST, INC. By: . %} J &?6Lzr— Its: Date: IJG alt- h� o70D0 SUI -0 AVING CO. By: 1 Its: j;f. ch J7L Date: &/911 THE CITY OF YAKIMA By: Its: �� y,�•3N Date: ATTEST: City Clerk Settlement Agreement and Mutual Release - 3 12-21-2000 12:44P r-7ROM DaAALDSOH TO 15093650599 P.k3 CONDITIONAL RELEASE, WAIVER OF LIEN & CLAIMS AND CERTIFICATION To Construction Pacific Coast, Inc. ("CPC") Re Fair Avenue Improvement Project, Yakima, Washington (the "Project") RELEASE AND WAIVER 1. The undersigned, for and in consideration of Four Thousand One Hundred Twenty Two and 81/100 Dollars ($4,122.81) hereby releases waives and surrenders, for itself, its employees, its subcontractors, materialmen, successors and assigns, any and all mechanics lien rights, stop notices and/or other rights in relation to the project construction or permanent financing, rights to claim against public works retention monies, rights to claim against s,irety bonds on which Superior Paving Co. or other contractors working on the project are principals, and any and all other rights to payment or security for payment for any and all work performed on or in relation to the project, and all materials, supplies, equipment, labor, services, supervision, general conditions, overhead and pr,Dfit used or consumed, installed or constructed, on or in relation to the project. 2. If payment is made by check, this release and waiver is conditioned upon payment of the check by the bank upon which. it is drawn. 3, The undersigned further releases and waives any and all claims fOr breach of contractual or non -contractual duty and claims for extra work, change order entitlement, changed or differing conditions entitlement, time extension, delay or acceleration, inefficiency, ripple affects or other impacts, in relation to the project. CERTIFICATION 4. The undersigned certifies that it has fully paid its subcontractors, labor, materialmen, suppliers and all sales, withholding, social security, Labor & Industries and other taxes, and all those providing services or utilities to the project who the undersigned is obligated to pay under its contract with respect to the project Conditional Release, Waiver and Certification - 1 02-21-2002 12:45PM PROM DONALDSON TO 15099650599 P.04 5. ' The undersigned further certifies its continuing obligation to treat the monetary consideration received by it in connect:eon with the project as trust funds, to be used, prior and paramounit to any other use, to pay those persons or firms providing work, labor, equipment, services, supplies and taxing authorities. DATED this ,;?1.-2 day of STATE 01--7 WASHINGTON ) ! ) COUNTY 6,F Pvt. kl ) 55 , 2000. i I certify that 1 know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person Whose signature appears on this document_ , On t hi s 7 day of -/---6-41--W.-— , 2000, before me ----e personally appeared ee. L ' ,'‘,-,,.. tc me known t� be the p g c,-.5- , -j-77 of GK MECHANICAL & CONSTRUdTION, INC., the organization or individual that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization or individual, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNES my hand and official seal affixed the day and year first above written. ' 777-77-7 NOTARY PUBLIC for the State,o Washington, residing at ...e‘a My commission expires: 972 Conditional Release, Waiver and Certification - 2 TOTAL P.04 02-21-2000 12:48PM FROM DONALDSON TO 15094533344 P.03 CONDITIONAL RELEASE, WAIVER OF LIEN & CLAIMS AND CERTIFICATION To: Construction Pacific Coast, Inc. ("CPC") Re: Fair Avenue Improvement Project, Yakima, Washington (the "Project") RELEASE AND WAIVER 1. The undersigned, for and in consideration of One Thousand Pour Hundred Ninety Five and 50/100 Dollars ($1,495.50) hereby releases, waives and surrenders, for itself, its employees, its subcontractors, materialmen, successors and assigns, any and all mechanics lien rights, stop notices and/or other rights in relation to the project construction or permanent financing, rights to claim against public works retention monies, rights to claim against surety bonds on which Superior Paving Co. or other contractors working on the project are principals, and any and all other rights to payment or security for payment for any and all work performed on or in relation to the project, and all materials, supplies, equipment, labor, services, supervision, general conditions, overhead and profit used or consumed, installed or constructed, on or in relation to the project. 2. If payment is made by check, this release and waiver is conditioned upon payment of the check by the bank upon which it is drawn. 3. The undersigned further releases and waives any and all claims for breach of contractual or non -contractual duty and claims for extra work, change order entitlement, changed or differing conditions entitlement, time extension, delay or acceleration, inefficiency, ripple affects or other impacts, in relation to the project. CERTIFICATION 4. The undersigned certifies that it has fully paid its subcontractors, labor, materialmen, suppliers and all sales, withholding, social security, Labor & Industries and other taxes, and all those providing services or utilities to the project who the undersigned -is obligated to pay under its contract with respect to the Project Conditional Release, Waiver and Certification - 1 02-21-2000 12:48PM FROM DONALDSON TO 15094533344 P.04 5. The undersigned further certifies its continuing obligation to treat the monetary consideration received by it in connection with the project as trust funds, to be used, prior and paramount to any other use, to pay those persons or firms providing work, labor, equipment, services, supplies and taxing authorities. DATED this 02I 4f day of Ai -L_ tri STATE OF WASHINGTON ) ss. COUNTY OF id ICC ) , 2000. 1 certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose signature appears on this document. On this .,Z/5% day of , 2000, before me personally appeared #. ,"."Li to me known to be the (221t elcae:p-Afe.2e of CENTRAL PRE -MIX CONCRETE CO., the organization o within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization or individual, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. individual that executed the WITNESS my hand and official seal affixed the day and year firist above written. •a. r ti TAM D. C neMOTAR. E NOTARY PUELIC for the State of Washington, residing at 014f My commission expires: io Conditional Release, Waiver and Certification - 2 TOTAL P.04 02-21-2000 12:54PM FROM DONALDSON TO 15092489452 P.03 CONDITIONAL RELEASE, WAIVER OF LIEN & CLAIMS AND CERTIFICATION To: Construction Pacific Coast, Inc. ("CPC") Re: Fair Avenue Improvement Project, Yakima, Washington (the "Project") RELEASE AND WAIVER 1. The undersigned/ of Three Thousand,Three Hundred Fo rty Five and 05/100 Dollars ($3,345.05) rlie' releases, waives and surrenders, for itself, its employees, its subcOntractors, materialmen, successors and assigns, any and all mechanics lien rights, stop notices and/or other rights in relatiolvto the project construction or permanent financing, rights to claim against public works retention monies, rights to claim against surety bonds on which Superior Paving Co. or other contractors working on the project are principals, and any and all other rights to payment or security for payment for any and all work performed on or in relation to the project, and all materials, supplies, equipment, labor, services, supervision, general conditions, overhead and profit used or consumed, installed or constructed, on or in relation to the project. 2. If payment is made by check, this release and waiver is conditioned upon payment of the check by the bank upon which it is drawn. 3. ' The undersigned further releases and waives any and all claims for breach of contractual or non -contractual duty and claims for extra work, change order entitlement, changed or differing conditions entitlement, time extension, delay or acceleration, inefficiency, ripple affects or other impacts, in relation to the project. CERTIFICATION 4. The undersigned certifies that it has fully paid its subcontractors, labor, materialmen, suppliers and all sales, withholding, social security, Labor & Industries and other taxes, and all those providing services or utilities to the project who the undersigned is obligated to pay under its contract with respect to the project Conditional Release, Waiver and Certification - 1 02-21-2000 12:54PM FROM DONALDSON TO 1:2ATJ4bJ4Z>4 r.u4 5. The undersigned further certifies its continuing obligation to treat the monetary consideration received by it in connection with the project as trust funds, to be used, prior and paramount to any other use, to pay those persons or firms providing work, labor, equipment, services, supplies and taxing authorities. DATED this a-&-pday of -1-(?_--1(2,0-(1--61-1 , 20 o o STATE OF WASHINGTON ) ss. COUNTY O Vadanto ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose signature appears on this document. On this ;PL day of k:..a , 2000, before me personally appeared to me known tobe the ,...4144. of YAKIMA PRE -CAST, INC., the organization individual that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization or individual, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal affixed the day and year first above written. NOTARY PUBLIC for the State of Washington, residing at 014A— My commission expires: Conditional Release, Waiver and Certification - 2 TOTAL P.04 0:x•-21-2000 12:01PM FROM DONALDSON TO 425745 4UU r.e CONDITIONAL RELEASE, WAIVER OF LIEN & CLAIMS AND CERTIFICATION To: Construction Pacific Coast, Inc. ("CPC") Re: Fair Avenue Improvement Project, Yakima, Washington (the "Project") RELEASE AND WAIVER 1. The undersigned, for and in consideration of Six Thousand Five Hundred Four and 01/100 Dollars ($6,504.01) hereby releases, waives and surrenders, for itself, its employees, its subcontractors,lmaterialmen, successors and assigns, any and all mechanics lien rights, stop notices and/or other rights in relation to the project construction or permanent financing, rights to claim against public works retention monies, rights to claim against surety bonds on, which Superior Paving Co. or other contractors working on the project are principals, and any and all other rights to payment or security for payment for any and all work performed on or in relation to the project, and all materials, supplies, equipment, labor, services, supervision, general conditions, overhead and profit used or consumed, installed or constructed, on or in relation to the project. 2. If payment is made by check, this release and waiver is conditioned upon payment of the check by the bank upon which it is drawn. 3. The undersigned further releases and waives any and all claims for breach of contractual or non -contractual duty and claims for extra work,; change order entitlement, changed or differing conditions entitlement, time extension, delay or acceleration, inefficiency, ripple affects or other impacts, in relation to the project. CERTIFICATION 4. The undersigned certifies that it has fully paid its subcontractors, labor, materialmen, suppliers and all sales, withholding, social security, Labor & Industries and other taxes, and all those providing services or utilities to the project who the undersigned is obligated to pay under its contract with respect to the project Conditional Release, Waiver and Certification - 1 02-21-2000 12:01PM FROM DONALDSON TO 4257468400 P.04 5. The undersigned further certifies its continuing obligation to treat the monetary consideration received by it in connection with the project as trust funds, to be used, prior and paramount to any other use, to pay those persons or firms providing work, labor, equipment, services, supplies and taxing authorities. DATED this STATE OF, WASHINGTON ) ss. COUNTY OF , 2000. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose signature appears on th.s document. On this , day of i)�.1 ;, 2000, before me personally appeared +6r ' P 1 to me known to; be the <<.z,,, — lr,r; ; / of H.D. FOWLER COMPANY, the organization or individ al that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization or individual, for, the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal affixed the day and year first above written. t.FRED' fi ��s N s0 %% �, , 8,.01 ;,%.%S i�17€ ,�,1,6N Of W 404 NOT'4'Y PUBLIC for the State of Wash ngton, residing atx �3 My commission expires: Conditional Release, Waiver and Certification - 2 TOTAL P.04