HomeMy WebLinkAboutR-2023-004 Resolution authorizing an agreement with Perteet Inc for professional services on the E. Nob Hill Boulevard and S. FairA RESOLUTION
RESOLUTION NO. R-2023-004
authorizing an agreement with Perteet Inc to provide engineering services
for the East Nob Hill Boulevard and South Fair Avenue Intersection
Improvements Project 2143 (Project).
WHEREAS, the City desires to improve the Nob Hill and Fair Avenue intersection by
adding left turn channelization on Nob Hill, including a new signal, sidewalks, lighting and other
work, and
WHEREAS, the City does not have capacity to complete the design and Plans,
Specifications, and Estimate (PS&E) required for contract advertisement with City staff; and
WHEREAS, the City of Yakima used the procedure established by the State of
Washington and FHWA to select and recommend Perteet Inc. to perform the Scope of Work; and
WHEREAS, Perteet, Inc. has provided a Scope of Work included in the Professional
Services Agreement that meets the needs and requirements of the City of Yakima for the
Project; and,
WHEREAS, the Project is funded with federal Surface Transportation Program (STP)
funding with a 13.5% match from the City of Yakima; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to entering into the Professional Services Agreement with Perteet Inc. for the Nob
Hill and Fair Avenue intersection Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Local Agency Agreement with
Perteet Inc, attached hereto and incorporated herein by this reference, not to exceed Two
Hundred Eighty One Thousand and Nine Hundred Twenty Four Dollars ($281,924.00) to
provide the Professional Services associated with the improvements to the intersection at East
Nob Hill Boulevard and South Fair Avenue as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 3rd day of January, 2023.
Janice Deccio, Mayor
ATTEST:
S. y: Claar Tee, City Cler
Local
Cost Plus
ency rofessional
ixed Fee Consultant
e ices
ree ent
Agreement Number: 2143
Firm/Organization Legal Name (do not use dba's):
Perteet, Inc.
Address
2707 Colby Avenue, Suite 900, Everett, WA 98201
UBI Number
601-288-065
Federal Aid Number
STPUS-4566(007)
Federal TIN or SSN Number
91-1505037
Execution Date
Completion Date
December 31, 2023
1099 Form Required
El Yes 0 No
Federal Participation
EJ Yes 0 No
Project Title
E. Nob Hill Boulevard and S. Fair Avenue Intersection Improvements
Description of Work
See attached Exhibit A - Scope of Services
ID Yes
Yes
Yes
0 Yes
No DBE Participation
1=1 No MBE Participation
El No WBE Participation
0 No SBE Participation
Total Amount Authorized: $256,295.00
Management Reserve Fund: 25,629.00
Maximum Amount Payable: $281,924.00
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub -consultant Cost Computations
Title VI Assurances
Certification Documents
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 02/01/2021
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the CITY OF YAKIMA
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of ork
The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of ork
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: 2143
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program, Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Bill Preston
Agency: City of Yakima
Address: 129 N. 2nd St.
City: Yakima State: WA Zip: 98901
Email: bill.preston@yakimawa.gov
Phone: 509.576.6754
Facsimile:
If to CONSULTANT:
Name: Russell Craven
Agency: Perteet, Inc.
Address: 2707 Colby Avenue, Suite 900
City: Everett State: WA Zip: 98201
Email: russell.craven@perteet.com
Phone: 425.252.7700
Facsimile: 425.339.6018
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number: 2143
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
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, indirect cost rate,
and direct non -salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdawa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants I
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number: 2143
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number: 2143
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D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal -aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794)
• 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any teim(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES 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 SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of ork
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: 2143
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XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or 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. This waiver has been mutually negotiated between the Parties.
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised 02/01/2021
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the Als. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Bill Preston
Agency: City of Yakima
Address: 129 N. 2nd St.
City: Yakima State: WA Zip: 98901
Email: bill.preston@yakimawa.gov
Phone: 509.576.6754
Facsimile:
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, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number: 2143
Local Agency A&E Professional Services Cost Pius Fixed Fee Consultant Agreement Page 10 of 14
Revised 02/01/2021
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra ork
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
Revised 02/01/2021
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised 02/01/2021
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ' s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 02/01/2021
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature
Signature
CITY CONTRACT NO: i'Alv7
RESOLUTION NO R-da:' 004
Date
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: 2143
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 02/01/2021
xhi it
cope of ork
Project No. 2143
See attached Exhibit "A", Scope of Services.
Agreement Number: 2143
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE 11JERSECTION IMPROVEMENTS
Agreement with PerteetInc. Dccrmbc,ZO22
EXHIBIT A
SCOPE OF SERVICES
City "fYakima
E Kjob Hill Boulevard and S Fair Avenue Intersection Improvements
City Project Number: 2143
Federal Project Funding Number: STPUS-4566(007)
I TRODUCTI���
The overoUobjective ofthis p,�cc,istnprepare obid package for impmvcmcnts tothe intersection cJENab HiU
Boulevard and SFair Avenue. E|crnen�ofthis project will include Jrmi|sand plans for the roadway and intc�otion
inopmv;mrn�.pedestrian amenity innp,ovcmcn�'inJu6ingsidewalks, AOAcurb mmps.APSpush 6uoons'
,umryingand 6osrnnopping'cnvimnnnen1o|perminingand documentation, uh|irycoordination, gcmechnioz|
invc�ignhons.drainage design, wafer main relocation design, signal and iUvmino|ion6rdgn.
The project is funded by o federal grant (Surface Transportation Program [STP ) and the City ofYokinno for the
6oignand con�mctionphases ofthe pn�rc1.Accordingly, the Consultant wiUuse pmce6vn,souHinc6inthe
VVSDOTLocal Agency Guidelines (LAG ��onuo|)during development ofthe pr�e�.
��
The proposed intersection improvements at E Nob Hill Boulevard and S Fair Avenue include widening E Nob Hill
Boulevard through the intersection mconstruct left turn lanes, curb, gutter, and sidewalks. Other project elements
include illumination, sformwafer conveyance, water qualify treatment, and flow control, signal upgrades including
mast arm structures, and utility relocations and adjustments.
Qight-of'woy.permanent, and construction easements have been acquired 6ythe City toconstruct the
improvements. Environmental documentation and permitting will be in accordance with requirements to support
SEPAand construction permits, |/i,assumed that noadditional ,ight-nf-~oyv,easements will 6crequired.
It is anticipated that overhead utility relocations, per franchise agreement, will be required to accommodate the
proposed improvements. Utilities within the project limits include Pacific Power and Light Company and Cascade
Natural Gas, fiber optic, telecommunications and cable (CenfuryLink/Qwest, Integra, and Charter Spectrum), and
City wafer and sewer.
Consultant's services will
6climited mthose expressly set forth herein, Rthe service isnot specifically identified herein,
hi,expressly excluded but may brperformed under osupplement tothis Scope ofServices o,onofee change
management depending on available project budget, Consultant will have no other obligations, duties, or
responsibilities associated with the project except o,expressly provided inthis Agreement. Hthe City requests the
Consultant to perform additional services outside of this Scope of Services, the Consultant will review the available
project budget and compare that with the anticipated level ofeffort associated with the additional services
requested. If the additional services can be performed utilizing existing project budget, a no fee change management
plan will 6rprovided that will specify the guidelines, and the endorsement from the City will provide the commitment
and accountability for the additional services. If the level of effort associated with the additional services exceeds
available project budget, rsupplement tothis Scope ofServices will 6eprepared toperform the work.
Transferring Budget within Contract Maximum: The level of effort is specified in the scope of services. The budget
may be transferred between discipline tasks nt the discretion ofthe Consultant, provided that the total contracted
CITY OF YAKIMA —NOB HILL BOULEVARD AND FAIR AVENUE I NTERSEC-F ION IMPROVEMENTS
Agreement with Perteet IncDcccm6c,2O2Z
amount is not exceeded. The Consultant will have the flexibility to manage budget within a given discipline on a
xubtosk|cvci
Services provided by the Consultant will consist of:
L SCOPE OF SERVICES
This Scope of Services describes the work elements to be accomplished by the Consultant as summarized under each
Task. This scope consists ofthe following elements:
Tnsk|—Pnoject Management and Coordination
Task 2—Survey and 8osc,nopping(OvrrSifeLL[)
Task 3—Utility Coordination
Task 4—Gcotechnico|Investigations (HWAGeoSdcnces)
Task 5—Environmental Documentation and Permitting
Task 6—Design Criteria, Review, &Updates
Task 7—Storm Drainage Design
Task 8—QO%PS&E
Task 9-7UO%PS&_E
Task lO—Ad-Ready PS&EPreparation
Task l|—VVSO[TCoordination
Task l2—Bid Support
Task D|—NDPES(NO0[Directed Service]
Task D2—Maximum Extent Feasible (MEF) Documentation [Directed Service]
Task DS—Pilot Infiltration Testing (P|7)(HVVAGroSdcncr,)[Directed Service]
Task D4 — Services During Construction [Directed Service]
Op^imno0Jirecte6Serviccs
With prior written approval by the City and written notice -to -proceed, work elements described in this scope of
services asoptional services (as directed) may 6eproduced 6ythe Consultant,
This Scope of Services is defined in the tasks below,
SCOPE OFSERVICES DEFINED
Task 1—Project anagenmentand Coordination
Overall project management and coordination work elements include:
l] Project Coordination
Consultant will coordinate with the City of Yakima on a regular basis to keep the City's project manager informed
about project progress, project issues, budget and schedule.
The Consultant will attend one (1)in-person project kickoff meeting with the City and up^osix (6) virtual project
status meetings and uptnsix (6)in-person project status meetings with the City tooccur vpmonce omonth. These
meetings under this work element will include the following participation by the Consultant team:
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteet Inc. December 2022
• Kickoff meeting will include attended by Perteet discipline leads, with up to four (4) stafffrom the Perteet
team,
Up to twelve (12) meetings attended by Perteet with up to two (2) staff from the Perteet team.
• Kickoff meeting will not include OverSite LLC. HWA GeoSciences attendance at the kickoff meeting will be
included under Task 4.
• Subconsultant attendance at meetings related to design work will be included under those individual design
tasks.
• The Consultant will prepare agendas and meeting notes/action items and distribute to attendees.
In the event that the City has a change in the City's project manager, the Consultant will meet with the new project
manager, provide a summary of design and progress, provide a summary of decisions made, and provide past
deliverables to date. This effort is included in this task. If changes to completed design efforts and/or Scope of
Services are requested due to the change in City's project manager, this will require a supplement to the Agreement.
1.2 Project Schedule, Budget, and Team anagement
The Consultant will develop an overall project schedule, which will include a detailed schedule by task, for the project
phases, through bid advertisement for the full project. The Consultant will prepare a draft and final schedule for the
City to review, and then the Consultant will prepare a maximum of two (2) schedule updates as the project
progresses, when requested by the City. The Consultant will also manage the Consultant budgets, monitor staff and
subconsultants, manage change and prepare amendments, and monitor work progress under this work element.
1.3 Progress Reports and Invoices
As part of the project, the Consultant will prepare monthly progress reports that describe the work elements that were
accomplished during a given month. Progress report will include a status of overall project budget, spent and
remaining, and overall percentage of project completion. The Consultant will submit these monthly progress reports
to the City's Project Manager with the monthly invoices. The monthly invoices will bill by major tasks, The Consultant
Project Manager will notify City's Project Manager, in writing (memo or e-mail format), of out of scope and/or
budgetary issues that are inconsistent with this Scope of Services.
Assumptions:
• This contract duration shall be no longer than twelve (12) months
• Project kickoff meeting will be held virtually and attended by up to four (4) staff from Perteet and
subconsultants as described above.
• The Consultant project manager and up to one (1) additional Consultant staff member will attend up to
twelve (12) virtual monthly project coordination meetings.
• The Consultant will prepare a maximum of thirteen (13) monthly invoices and progress reports.
• Maximum of two project schedule updates will be prepared after the initial draft and final schedule,
• Meetings between the Consultant team will be conducted under other scope tasks.
Deliverables:
• Kickoff Meeting Agenda and Minutes (PDF format)
• Draft and Final Project Schedule and a maximum of two updates (PDF format)
3
CITY OFYAK|MA-NOB HILL BOULEVARD AND FAIR AVENUE |!NTERSECTONIMPROVEMENTS
Agreement with PeInc.Decern6e,2O22
• Project Meeting Agendas for vptotwelve (l2) monthly meetings and notes/action items
• Monthly Invoices and Progress Reports (maximum oftwelve [|2];PDFformat)
Task 2—Survey and
�
asemnapp|n�� /
0
The intent ofthis task i,*oprovide Storm, Sewer, &Go,infrastmcmre locates and structure measurements to
support design improvements ot the intersection of the City of Yakima's E Nob Hill Boulevard and S Fair Avenue, for
which the roadway widening, signal upgrades, new sidewalks, ADAcurb ramps, driveway connections, and utility
relocations and adjustments can 6rdesigned indetail and constructed. [)w,,Si1cLL[will research and recover
existing primary survey control and establish secondary survey control from which detailed topographic mapping will
be performed, The limits for this survey will be as depicted in the attached Nob Hill Project Area Exhibif.pdf.
Work Elements,
2] Research
Research will 6cperformed tnrecover underlying and/or adjoining survey control data relevant ^othe subject survey
corridor to assist with the mapping effort.
2.2 Control Survey
GPS methods will be employed to establish control utilizing the Washington State Plane South Zone Coordinate
system, NAO83(20|)horizontal datum, and NAVID88Geoid l8vertical datum osthe basis for coordinates and
elevations. Existing survey control monuments within one -quarter mile of the project corridor, such as those
referenced on the Washington Geodetic Survey website, may be located as needed for the control survey, Existing
street monuments underlying or closely adjoining the project corridor will located. Auxiliary survey control will be
established within the project limits as needed in order to perform the topographic survey.
2.3 Sub -Surface Utility Location
The Northwest Utility Notification Center (a Washington "Coll Before You Dig" 811 service) will be used via their
internet ticket processing [TIC site at https://wa.itic.occinc.com for utility location to identify and mark underground
utilities prior tocommencement ofthe topographic survey. This will consist ofsurface identification and marking of
the horizontal location in the field.
Assumptions:
^* Utility |000honpurveyor will svbnni,otraffic control plan and orig h/'of -way use permit tothe City ofYakima
if needed.
Dc|ive,o6kz:
^w Existing utility locations and structure measurements identified ino6wgfile for incorporation into obase
mop.
2.4 Topographic Field Survey
Atopographic svmcyfo,locating utilities will 6rconducted across the proposed corridor os described above and os
determined 6ythe City cfYakima. The survey will locate features o,described below:
4
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSEC FION IMPROVEMENTS
Agreement with Pertce,Inc. Dcccnnbr,2022_
"" Gravity systems, ie. storm drain and sewer, will be surveyed 10the next downstream structure beyond the
limits ofthe survey corridor.
• Sanitary sewer and gnnn drain mmuun, inverts will be measured tothe extent possible without entry info
the structure, defined osconfined space entry, which Consultant personnel are not certified *operform.
Manhole structure diameter, catch basin size/type, pipe diameters and direction, manhole lid orientation
(offset) and pipe material will be noted.
*" Water valve manholes will be measured to bottom of structure and top of actuator nut.
• Utility vaults over 4.0' in width will be measured horizontally with a measure down to bottom of vault except
where safety isoconcern, for example electrical vaults with exposed contacts, if present.
• Water meters will 6elocated throughout the proposed corridor.
• Visible evidence nfutility trenches such ospatches in asphalt o,concrete will be located with the width
noted.
• Survey will also include, but not 6rlimited to:
o Utility access points c|oonouts'hon6-ho|es, traffic signal control vaults, etc,
o Irrigation control valves
o Traffic signal, power, telecommunication and luminaire poles
m Fire hydrants
u Fire department connections and detector check vaults
o Sub -Surface utility locations marks osdelineated 6yr professional locating service
o Sfreef monuments and survey control points
2.5 SurveyBosonnopp|ng
A topographic survey map will be prepared in AutoCAD Civil 3D (2020 version) format depicting features located
during the field survey, more specifically:
• Basemap will incorporate field -located utility appurtenances and sub -surface utility paint marks.
• Manholes:
o Inverts will be shown for pipes into or out of structures detailing pipe diameter, pipe material type,
and direction nfpipe.
o Manhole labels will also include manhole numbers that correspond mthe City QS|Dfor the
structure with nominal diameter ofmanhole o,measured inthe field.
o Pipe connections shown onthe plan will 6ctocenter ofstructure rather than center ofaccess lid.
• Commercial meter vaults and other below grade structures 4'x4'and larger will 6cshown toscale and
bottom ofvault elevation noted,
• Water line appurtenance symbols will 6cper APVVAstandards and shown o1ol^~20'scale onplans.
m^ Line work will 6cinmodel space. Drawing units will 6rU.S.decimal feet.
• APWA CAD standards for layers and symbols will be used.
2.6 Survey of Deliverables
An infernal Consultant quality assurance/qualify control review of deliverables will be conducted, as well as
confirmation that comments received, infernally from OverSite and from Perfeef have been addressed. Arecord of
comments received will be maintained. Response to each comment received will be tracked to document that they
have been addressed,
5
[ITYUFYAK]MANOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with P°nectInc. December 2022
Assumptions:
w All field work will 6elocated within City ROW and right nfentries permits will not 6erequired.
* Consultant's pc,a,nnJ are not certified for confined space entry and as such utility manholes may only be
measured from the surface. Invert elevations upton depth of25feet will be measured with an electronic
Jis/ome1e,with on|MUfor angle compensation.
• Title reports for land parcels adjoining and/or underlying the survey corridor are not anticipated to be
needed for this project.
Deliverables:
m. Adigital copy ofthe survey drawing, provided in4u1oCAOCivil 3Oformat version 2O20
* Copies offield notes
• Point list in asci or text format, comma delimited.
Task 3—Utility Coordination
The Consultant will manage the utility coordination process for the project, which will include providing utility
franchises (Pacific Power and Light Co., Cascade Natural Gas, CenturyLink/Qwest, Integra, and Charter Spectrum
and City owned utilities (water and sewer) with project information, copies ofeach PS&Esubmittal, and
identification of potential utility conflicts and relocations, The Consultant will coordinate and manage the potholing
efforts through the design phase. The Consultant will also prepare and maintain a utility coordination log, and a
conflicts/resolution spreadsheet, both of which will be maintained and updated throughout the design phase of the
project.
The Consultant will perform the utility impact assessment and coordinate on work elements as described below:
9.1 Utility Coordination
The Consultant will coordinate with the various public and private utilities along the corridor. Coordination will
include working with the identified uf ilities to allow for each to be included under the City's project permits and
environmental documents.
Services provided 6ythe Consultant under this m6taokwill include:
• Preparing and maintaining a utility coordination contact log containing company addresses, contact staff, e-
mail n66,osrs'ondphoncnum6crs.
w, Acquire and review record drawings of existing utilities within the project limits. The Consultant will request
the utilities ^oreview the existing 6oscmoppingfor the project and verify the locations and presence ofthe
utilities. Discrepancies with the existing basemap will be coordinated by the Consultant with each utility, and
changes to the basemap will be updated by the Consultant based on available information.
• Coordinate and attending uptoone (|) virtual meeting with the group ofthe franchise utilities (before 9O%)
and up to two (2) separate virtual meetings with specific utilities as needed (assume total of three [31
mcctings).The Consultant will prepare meeting agendas and notes.
• Prepare a Utility Conflicts Spreadsheet. Track potential utility conflicts and resolution of those conflicts
throughout the project in the spreadsheet. This includes identification of pothole needs and documentation
of which facilities shall be relocated prior to, or during, construction,
6
CITY(JFYANMANOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement withPr Inc.December 2022
m" Provide the utility owners with electronic (PDF)copies ofthe Q0%'l8O%'and Ad -Ready plan sheets, oswell
as potential conflict locations for resolution,
|tisassumed that the following utility franchises exist within the E Nab Hill Boulevard and S Fair Avenue intersection
limits. These include:
• Pacific Power and Light Company (PP&L
* H6rrop*ics(|nteg,o)
w" Communication and Cable kCenmryLink/Qwc,fand Charter Spectrum)
wGas Distribution (Puget Sound Energy)
w, VVo,c, (City ofYakima)
• Sanitary Sewer (City o<Yakima)
w, Sm,mwotc,(City ofYakima)
Stormwater is assumed to be fully under thejurisdiction of the City and coordination for this utility will be performed
under the Storm Drainage Design Task.
Assumptions:
m^ The City will distribute internally the plan sets for City owned utilities for review or provide contact
information for City owned utilities ^othe Consultant.
m" The group utility meeting will 6eattended 6yvp^othree (]) Consultant staff members and will take up|o
three (3)hours, including prep time and meeting agenda/notes prep.
• The individual utility meetings will be attended by up to three (3) Consultant staff members and will take up
tvtwo (2)hours each, including prep time and meeting ogen6o/notesprep,
ow The City will prepare inter -local agency agreements between the City and the utility franchises for
incorporation of relocations required by the proposed improvements. Examples of the services that could be
included are: the adjustment of utilities, removal of abandoned structures and facilities, trenching, and traffic
control.
• The Consultant will verify the terms of all franchise agreements, including the responsibilities for potholing
and relocations ,f franchise owned utilities. The franchise agreements will beprovided 6ythe City.
• The budget assigned for this work element will bclimited mthe amount designated for this work element.
Deliverables:
m' Utility conflict and relocation spreadsheet —updated with potholing results for each meeting (electronic
copy)
• Agendas and meeting notes (o,svnne three [3] meetings total)
*. Separate half size utility plan sheets with conflicts noted (with 9O%and 0O% submittals) (PDFformat)
• Half size 90%.0O%.and Ad -Ready PS&Eplan sets sent /oapplicable utility franchises (PDF6nrnnot)
• CAD file for franchise use in preparing relocation design (ot9O% and 08%)
3.2 Pothole Exploration
7
CITY OF YA0MA-NOB HILL BOULEVARD AND FA|R AVENUE I NTERSECT ION |MPROVEMENTS
Agreement with Pc Inc,Decc~6erZO2]
The Consultant will coordinate with the applicable utility franchises to perform potholing explorations during the
90% and 100% PS&E design phases. It is assumed that each utility franchise has an Agreement with the City and will
use a utility locate service or its own forces for potholing of their own facilities.
Services provided 6ythe Consultant under this subtoskwill include:
• Identifying potential utility conflicts and pothole locations based onthe gO%and 0O%plans (nmr:
potholing will be accomplished by the utility franchises or designated utility locate service vendor).
• Manage pothole program on behalf of franchise utilities and City. The Consultant will identify potholing
needs, nnthe utility conflicts spreadsheet, and also 6ypreparing onexhibit o<potholing locations. Prepare
and maintain the utility coordination log, utility conflict and potholing plans, utility conflict and resolution
matrix, and distribution ofpotholing results /outilities.
• Utilize a utility potholing service for those locations that will not be provided by a franchise utility. This
Scope ofServices assumes vptosix (6)pothole locations.
• The utility pofholing service will send invoices for billing directly to the City.
Assumptions'
• Utility potholing will be provided by a utility locate service under this contract or by utility franchise
agreement with the City.
• The budget assigned for this work element will be limited to the amount designated for this work element.
Deliverables:
", Utility information updated according to pothole results at the 90% and 100% design phases
w Pothole location exhibits and results log
3.3 Relocation Coordination
The Consultant will coordinate with the franchise utilities regarding franchise utility relocation design and proposed
utility locations, and provide f hefollowing limited services:
� Coordinating with the franchise utility owner to relocate facilities (facility relocates provided by franchise
utility owner), assisting the City in identifying potential locations for franchise utilities to relocate to. The
Consultant will review the franchise utilities design and plans in an effort to confirm there may be no conflict
with other facilities and the proposed project work.
Assumptions:
• The redesign and/or relocation of franchise owned utilities Plans for construction will not be performed by
the Consultant, and relocation Plans prepared by the franchise utility will not be included in this project. If is
assumed that franchise utilities will 6eresponsible todesign indetail and prepare Plans for relocation
construction and construction for those facilities shall occur under a separate construction contract. These
services will be considered additional services by the Consultant and may be included as a supplement to
this Scope ofServices.
m The budget assigned for this work element will be limited to the amount designated for this work element.
Deliverables:
* Meeting notes
8
CITY OF YAKIMA —NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Pertref Inc � Decemb=2O2
Task 4—Geotechnical Imvestigotions(HA GeoSciences)
HVVAGcn3drnccsInc. (HVVA)will provide gnfrckni,o|services associated with the ENob Hill Boulevard and 5Fair
Avenue Intersection Improvements project for the City ofYakima.
To evaluate subsurface conditions for the proposed intersection improvements we propose to complete two machine
drilled borings using a rubber track mounted sonic drill rig. The subsurface information will be used to provide
geotechnical recommendations for the proposed signal pole foundations, stormwater improvements, and to screen
for infiltration feasibility. Noinfiltration testing will 6ccompleted ot the phoo,. infiltration feasibility will be evaluated
based on grain -size analysis, We have provided an optional task (Directed Services D3) to conduct infiltration testing
if it is determined to be required or desired.
Specific work elements are described below,
Project Setup:
• Project Setup: HWA will initiate the project and set up billing information in support oJinvoicing throughout
the project.
• Attend Project Kickoff Meeting: HVVAwill participate inone project kickoff meeting with the City of
Yakima and the design team. This meeting will review project objectives, communication protocol and
schedule.
Geotechnico||nvnmigotion:
• Plan and Coordinate Geotechnical Field Exploration Program: HWA will plan and coordinate a
geotechnioo|engineering investigation.
• Conduct Utility Locates and G|SMap: HVYAwill generate oG|Smap with the proposed boring locations
and will conduct a site reconnaissance to mark the locations of the proposed borings, along with evaluation
ofsite access considerations. We will arrange for utility locates using the Utility Notification Center, |n
addition, private utility locators will 6eutilized when deemed necessary.
• Traffic Control Coordination. Traffic control plans will be provided for the proposed field explorations for
City review and approval prior to field operations, Traffic control plans will be prepared and signed by a
Traffic Control Supervisor subcontracted 6fHVVA.
• Generate Geotechnical Subsurface Investigation Plan (GSIP): HWA will prepare a Geotechnical Work
Plan Memoranda for the proposed exploration program. The work plan will 6e submitted 10the design team
and City for review and approval, The work plan will detail the type, location, and extent (depth, sampling
interval, in -situ testing) of proposed field explorations along with logistics necessary to perform,hewn,k
such as traffic control plans and/or staging areas. The work plans will also be used for utility locating
clearances and for permitting that may be necessary to access the exploration locations.
• Conduct Gcotechnioo|Explorations: HVVAwill conduct two gemrchnico|borings onopposite corners of
the intersection to depths up to 30 feet, Each boring will be drilled with a rubber track mounted sonic drill rig.
The borings will 6elogged 6yonHVVAgeotechnicn|engineer n,geologist and soil samples will 6rrecovered
m128m5-fontintervals. The borings will 6e6ock6Ur6per the department ofecology requirement. The
surface will 6°restored to match existing conditions. We anticipate lane closures and traffic control will be
required during drilling.
w° Prepare Summary Logs and Assign Lab Testing: HWA will generate summary boring logs and conduct
geotechnical laboratory testing on the representative soil samples obtained from the borehole explorations
todetermine engineering and index properties ofthe site soils. Laboratory testing will include natural
moisture content, grain size distribution analysis, and Atterberg Limits.
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE I INTERSECTION IMPROVEMENTS
Agreement with PertectInc, Oecember2022
Gmvtechnico|Design Services:
~ Signal Pole Foundation Design and Recommendation: HVVAwill evaluate the data derived from field
investigations and laboratory testing to provide standard signal pole foundation recommendations.
m. Infiltration Screening Analyses and Recommendation: Upon completion of explorations, HWA will
conduct grain size analysis screening ofthe near surface soils mdetermine the potential for use ofonsitc
infiltration, If this screening results in identifying areas with potential for onsife infiltration grain size analysis
will be used to determine a design infiltration rate. If additional infiltration testing is determined to be
required or designer, HWA will conduct such testing under Directed Services Task D3.
• HVVA : All design calculations and recommendations will 6rreviewed 6yosenior principal prior m
distribution tothe design team and the City,
• Draft Geotechnical Engineering Report: HWA will prepare a draft geotechnical engineering report
summarizing the results of our investigation and presenting our conclusions and recommendations, HWA
will finalize the report after receiving review comments from the design team.
• Final Geotechnical Report: HWA will finalize our geotechnical report once we receive review comments
from the design team and the City.
• Project Management and :HVVAwill provide project management and correspondence with the
design team to all geofechnical related aspects of the project. HWA will correspond with the City and the
design team in the form of meetings, emails, and telephone calls, as necessary. HWA will prepare a
maximum ,feight (8)monthly invoices.
Assumptions
• HVYAwill locate all field explorations within the City ROW, and weassume that right ofentries permits will
not be required, HWA will submit a ROW use permit for approval, if required by the City.
* Boring locations will 6eaccessible 6ytruck- o,00ckmovmr6drill rigs.
• The geotechnical explorations proposed herein will not be used to assess site environmental conditions.
However, visual or olfactory observations regarding potential contamination will be noted. Analysis, testing,
storage, and handling of potentially contaminated soil and groundwater (either sampled or spoils from
drilling) are beyond this scope of services. If contaminated soils and/or groundwater are encountered, the
material will be properly contained on -site for disposal as mutually agreed upon without additional cost to
HVVA,
• All non-contaminafed drilling spoils and related debris will be drummed on site and transported off site for
disposal by the drilling subcontractor. HWA assumes no concrete pavement or buried concrete slab at the
drilling locations and assumes that coring will not 6rrequired prior ,udrilling the proposed borings. The City
will verify that there is no concrete pavement buried under the roadway at proposed6hUing|ocotion,.|f the
City confirms there is no buried concrete pavement, but if it is encountered during drilling, additional costs to
complete drilling will bevf the expense nfthe City.
• Grotechnico|borings conducted through the pavement will 6cpatched with quick drying cement, Saw
cutting ofthe pavement orhot mix asphalt patches will not 6ccompleted.
• Phase |orPhase 2Environmental Site Assessments are not included inthis scope.
• Nogroundwater monitoring wells will bcinstalled,
• Nninfiltration testing will 6cconducted under this tank.
• Boring locations will be located using handheld GPS and measurement from existing know features.
m, Neither seismic or site specific PSHA nor site specific response analyses are included in this scope.
w, Design and implementation of any clewatering systems will be the responsibility of the contractor,
• All field work including site reconnaissance, utility locates, and drilling will be accomplished during normal
10
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with PeInc.December 2O22
daylight workdays and hours, with at least a minimum 8 hours available per day.
0 Utility locates, via the One -Call Utility Locate Center, will be comprehensive and accurate enough to allow
reliable and safe location of borings. Vacuum extraction of borings is not included.
0 Following finalization of the geotechnical report, all soil samples will be disposed. Long-term storage of soil
samples bythe Consultant isnot included.
Deliverables
* Grotechnico|Work Plan.
0 Draft and final Geotechnical Engineering Report (PDF format)
Task 5—Environmental Documentation and Permitting
The Consultant will provide additional environmental documentation and permitting assistance for required federal,
state, and local permits, as required by the various resource agencies. If is assumed that NEPAiscomplete and the
remaining documentation and permits required for the project include SEPA and construction -related and local
5.1 Background Information Review
The Consultant will obtain and review available project and resource information relevant tothe environmental
context of the project action, inclusive of NEPA and other existing documents, resource agency database review of
available information on historical/cultural resources, ecology facilities, priority/threatened/endangered species, and
information from the design team applicable tothe environmental context tobegin document preparation or
cxc|vsion6ncumcntotion/condJe,otion.
Assumptions:
• No permits or permit document preparation efforts are assumed for this task — this task is for assembly and
review ofknown documents and databases.
• Environmental review will be adequately addressed with documents provided under this task and associated
with other in -scope documents.
• NEPA and related documents provided and reviewed under this task are assumed to be complete and
consistent with current regulations for use in applying to SEPA and related project construction permits. If
additional requirements are triggered in the design phase, a supplement will be required.
Oe|ivrm6|o:
0 Project and resource information correspondence relevant to the environmental context of the project
The Consultant will prepare a draft and final SEPA checklist for City use at the 90% design level inclusive of available
NEPA discipline memos and related project documents under this scope of work as supporting information.
Assumptions:
w SEPA determination will result in a Determination of Nonsignificance (DNS) or Mitigated Determination of
Non`ignificonce(MDNS).
• City will provide one (l)consolidated review onthe draft checklist prior *, being finalized 6ythe Consultant,
11
CITY OFYANk4A-NOB HILL BOULEVARD AND FAIR AVENUE |NTERSE[TOI! 111�iPR{}VEMENTS
Agreement with Perteet IncDrcenn6e,2022
• City will address SEPApublic notice requirements.
^° SEPAwill not 6eappealed.
w^ Available public records data for cultural ,e`ourc,s(DAHP) on6^oxics (Eco|ogy)will 6e reviewed in
comparison |oprior NEPAinformation for this task,
w^ NEPA information used for SEPA is assumed to be relevant and accurate for endangered species and other
environmental classification categories.
w^ Nospecial studies o,analysis outside ofwhat isgenerated inthis scope isincluded inthis task.
Deliverables:
• Draft and final 3EPAchecklist
• Correspondence via email
5.3 Local Permits
The Consultant will coordinate and obtain local permits from the City of Yakima and State of Washington, Labor
Industries (1-0. Preliminary review of the City permitting website, if is anticipated that the project will require the
following permit application submittals:
0 Application for Right-of'VVoy-Excavation Permit (City ofYakima)
a° Demolition Permit Application Packet (City ofYakima)
w, Grading Permit Application Packet (City of Yakima)
m, Electrical Perm its/in,pcc,ions(L&|)
^m SxvmwoferPermit Application Packet (City nfYakima)
These permits are in addition to SEPA approvals (performed under Task 5.2) and do not include any non -City of
Yakima permits, unless listed above. State and Federal permits will 6eobtained through the SEPApmcess
(performed under Task 5.2) or have been obtained through the approved NEPA process.
This work element also includes:
• Pre -application meeting form and meeting with City of Yakima Community Development Department.
• Complete permit applications and submittals through online City permits portal,
m Monitor and review permit applications status.
• Coordinate payments (to 6emade 6ythe [itJand retrieve issued permits.
• Prepare Permit Commitments Summary to provide the permit conditions, requirements and authorities
issued for the project and/or required during Construction.
Assumptions:
• The City will provide payment for all required permit fees.
w^ Submittal documents required for the Stormwater Permit Application Packet will be performed under other
tasks included inthis Scope ofServices.
• No special studies or analysis outside of what is generated in this scope is included in this task.
• The level ofeffort by the Consultant for this task is based on the work elements and number of deliverables
identified below. The budget assigned for this task will be limited to the amount designated in the fee
schedule for this Task. Kadditional permits and deliverables are needed that cannot 6caccommodated
within the established budget, a supplement to the Agreement will be required,
12
CITY OFYAK|MA—NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Pcrt,�c Dcccm6c,2O22
�|n
Deliverables:
*" App|icotionfo,Right-nf-VYoy—ExcovntionPrrmit
^^ Demolition Permit Application Packet
• Grading Permit Application Packet
• Electrical Perm its/in,prcdons
• Sto,mwmfcrPermit Application Packet
• Up to four (4) exhibits as needed for the permits listed above (PDF format)
esign Criteria, Review,
�
A,
Updates
The Consultant will establish design criteria for elements o<the project design and review the existing design provided
6ythe City toreflect current standards.
6.1 Design Criteria Matrix
The Consultant will prepare a design matrix documenting the design criteria and standards that will beused osthe
basis for the 90%and lO0Y&PS&Edesign. Draft and final matrices will 6eprepared prior tobeginning 9O%project
design review. The project's design criteria matrix will be identified on elements such as lone widths, design speeds,
sidewalk widths, lone topers, curb return radii, leff-turn lone storage, ADA curb romps, APS push buttons, signal
phasing and design, wafer line pipe size and material, and drainage design criteria (prepared under Task 7), The
|o1csteditions and amendments ofthe below listed publications will 6cused o,the design manuals, except drainage
design, for this project.
0 City ofYakima Engineering Standard Details and Specifications
0 VVSO[TDesign Manual (K42J-0)
0 VVSO[T Standard Plans (k42|-Ol)
0 WSD[D'Standard Specifications for Road, Bridge, and Municipal Construction (&44|-0)
0, 2OOgManual onUniform Traffic Control Devices (MUTZO)
0 Proposed Accessibility Guidelines for Pedestrian Facilities inthe Public Rights -of 4Voy.July 26.20l (2Ol|
PROVVAG)
a VVSDOTTraffic Manual (M5|-02)
Assumptions:
• The Final Design Criteria Matrix will 6rshared with the City o[Yakima for review and concurrence before
the Consultant proceeds with 90%detailed design and modifications.
• This task assumes one round ofreview 6ythe City and changes 6ythe Consultant.
• If there are new editions or amendments published to the above listed publications after the Final Design
Criteria Matrix is approved by the City and the City requests the Consultant to use the new publications that
require significant changes to the design or Plans, this would be considered an additional service, and a
supplement tnthe Agreement would 6crequired.
Deliverables:
0 One (1) draft and one (1) final copy of the Design Criteria Matrix, including the Storm Drainage Design
Criteria prepared under Task 7(PDFformat)
13
C[FYOFYANMA—NC}BH|LLBOULEVAROANDFA|R4VENUE|NTERSE[TON|K1PRDVENENT3
Agreement with PcrteetInc. Orcenn6rr2O22
5-2 Design Review and Updates
The Consultant will review the project design and records provided by the City to determine revisions in the design
that are required /oupdate the design to the current editions of the publications listed in subtask 6.1. If any updates
are required, the Consultant will update the design toinclude the required revisions. The Consultant will also process
and review the survey basemap, available Right -of -Way (ROW), and proposed design CAD file that have been
p,cporc6 6ythe City.
|ti,anticipated the revisions/updates will focus onthe following elements:
• Preliminary traffic signal design
• Utility conflict resolution with the overhead and underground utilities
• Street light relocations tonew utility poles
m^ Preliminary curb romp design for curb romps in the intersection and type I commercial approaches
w� Miscellaneous updates for relatively minor tasks limited to the amount proposed in the fee proposal
This work element also includes:
w^ Coordination with the City prior tothe QO%and |O0'&design reviews
• Site visits prior to 90% design to observe site conditions and/or anticipated design revisions
,w Separate the existing survey, ROW, and proposed design into respective CADD files (2020 version)
m, Updates tothe current existing 6ascnoop.ifi/isdetermined inthe field that site conditions have changed,
Updates are assumed to be minor in nature and will be based on notes by the design team.
Assumptions:
• The City will provide as -built information for traffic signals and illumination.
• The review nfthe storm drainage design will 6cperformed vn6c,Tnsk/nf1hisScopecf Services.
• The City will provide the CADD file containing the existing survey basemap, existing and proposed ROW,
and the proposed design.
°w Street lights not included on poles with signal equipment will be mounted on utility poles, No new electrical
service connection points will 6rneeded for illumination.
m" Detailed traffic signal design will bccompleted under Task 8.E
w" Detailed curb romp design will 6rcompleted under Task 84.
6.3 Preliminary Opinion of Cost
The Consultant will calculate quantifies and opinion of construction costs based upon the updated plan and layout
for the intersection improvements completed under Task 6.2. The opinion of costs for the project, including
contingencies, will 6ccompared toavailable construction fun6ingtoverify that sufficient funds are available.
6.4 Design Memorandum
The Consultant will prepare a Design Memorandum documenting the intersection improvements, summary of ADA
compliance requirements as identified in Task 8.4, and traffic signal design completed under Task 8.5. It is the intent
ofthe Design Memorandum todocument the design criteria completed under Task 6]and include the VVSDOTLAG
Manual Local Agency Design Matrix Checklist.
14
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Drccm6erJOJ2
Agreement wi
th Pe�c=|n=� ___�_ _ _�� ���___
�
Assumptions:
m This task assumes one round of review by the City and changes by the Consultant
Deliverables:
•_ RoUplot 'fproject �mtprint1innit���nn
��pnnc|izo�ion (after un6erTo,k6�Z) in electronic
PDFfo,nnot
• Preliminary opinion of cost (completed under task 6.3) in electronic PDF format
*, One (1) copy of the draft and final Design Memorandum in electronic PDF format
• One (1) copy of the Storm Drainage Design Criteria prepared under Task 7 (PDF format)
Task 7—Storm Drainage Design
Overall task management and coordination work elements include:
7] Coordination with City
The Consultant will coordinate with City ofYakima sto,mwotcrstaff and the maintenance department regarding
proposedplanned for .The Cvnsu|*on1=iUo|socoo,6inotcv�thpe,mitspccio|i�
~`' ~ project. (prepared under Task 5 of this Scope of Services).
regarding drainage components in the documents
Assumptions:
«' Coordination effort assumes up to two (2) virtual meetings with the City of Yakima.
• The budget assigned for this work element will 6elimited tothe amount designated for this work element,
Deliverables:
v, Draft meeting notes for up to two (2) meetings provided in Word format, submitted via email
0 Final meeting notes for up to two (2) meetings provided in PDF format, submitted via email
7.3 Design Criteria
The 2010 YakimaCounty Regional Sformwater Manual (YCRSM), 2011 Yakima County Regional Low Impact
Development Sx/,mv,mcrDesign Manual, and Yakima Municipal Code osthe drainage design
manuals for this project, Prior 10beginning project drainage design, vStorm Drainage Design Criteria °matrix will 6e
prepared summarizing drainage related requirements and standards.
Assumptions:
T� �� Drainage Design ,ite,inmatrix will 6ein6u6eJwhh the Design Ch�hv��o��(�epo�Junder
� r Storm 'onngc �
''' ~' — � - —~ � [ ofY Yakima for i 6 ncu�rnor6�orcthe [nnsuhontproceeds
sv61o�k6^l)on6s�o,�6wi/�� n City n mo ,�°cwon co
with detailed drainage design work.
0 If there are new editions or amendments published to the above listed publications after the Final Design
Criteria Matrix isapproved 6ythe City and the City requests the Consultant to use the new publications that
require significant changes tothe design o,Plans, this would 6cconsidered onadditional service, and o
supplement x,the Agreement would 6crequired.
O6knm6|rc
15
[|TY{)FYA0K4ANOB HILL BOULEVARD AND FAIR AVENUE |NTERSECT|ONIMPROVEMENTS
Agreement wif kPertrefInc, Decem6c,2022
— w° One (1)PDFcopy ofthe Storm Drainage Design C rhnmo��o6cincludedinthe appendix ofthe
Drainage Report
The Consultant will conduct a downstream analysis extending V4mile downstream/down-gradient of the project
limits. The downstream analysis will include a review of recent drainage complaint documentation provided by the
City (if it exists) and a visual assessment of the downstream route to identify evidence of erosion, flooding,
sedimentation, o,flow constriction points. Avisual above -ground inspection, where practical, will 6rconducted for
,he downstream drainage conveyance system associated with the project. Representative photographs will be taken
and an assessment of the downstream effects will be performed. The assessment of the downstream effects is to be a
qualitative evaluation based upon engineering judgment. The Consultant will prepare a written description of the
downstream system conditions and provide a map showing downstream routes. This task does not include detailed
hydraulic analysis or computations of the downstream section, but it can be provided as an additional service.
The Consultant will perform a visual inspection of the upstream contributing basin area of the site and provide an
estimate of the area draining to the site based on available mapping data and site visit observation. This task does
not include a detailed review of upstream basin boundary or land use assessment and any detailed hydraulic analysis
o,computations associated with the upstream basin, but itcan 6rprovided nsonadditional service.
Assumptions:
* The site consists of a single TDA and therefore the Consultant will analyze up to one (1) downstream route,
* The downstream route field investigation is assuming the Consultant has permission to enter private
properties tnconduct the work. If the downstream route field investigation requires access onto private
property, right-of-enfry permissions will be obtained by the City of Yakima.
Deliverables:
0 Offsite Analysis Write-up, to be included in a section of the Drainage Report, see Task 7.7
7.4 Site Assessment and Mapping
Consultant will prepare site assessment maps showing existing drainage features, drainage patterns, and soil
conditions within the E Nab Hill Boulevard and S Fair Avenue intersection improvements project vicinity. The site
assessment maps will 6rassembled based upon new topographic survey mapping, City records, and City maps.
Offsite information that is outside of the basemop limits will be acquired from GIS mapping, City records, and City
maps. The site assessment mapping will include:
• Land use types and areas
• Topographic plans within the ,uod project right-of-way, including enclosed drainage
• Topographic mapping outside ofroad project ,ight-of^wnybut within project area ,finterest (electronic
G|S)
• Watershed and stream basin information (electronic G|S)
• Wetlands, streams, and other critical areas (if applicable)
• Relevant Basin Plans that may have impact on drainage design (supplied by City, if available)
• Soil types — Natural Resources Conservation Service (NR[S)
16
CITY OF YAKIMA, - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Drcem6c,2OJ2
Agreement with Pc Inc.
The Consultant will prepare maps identifying existing and proposed impervious areas. This is used for threshold
determination in accordance with the drainage standards, and to identify mitigation needs for flow control and water
quality treatment. TDA boundaries, based on roadway high points and conveyance system configuration, will be
identified on these maps. The Consultant will prepare a summary of area tables for pre -project and post -project
Deliverables:
m^ Existing Drainage Condition Maps (approximately four [41l|^x`17^sheets, ^o6rincluded inthe Drainage
Report, Task 771
• Downstream Routes/Upstream Areas Exhibit (one [11 11"x17" sheet, to be included in the Drainage Report,
Task 7.7)
• Soils Map (one [l]||^x]7^sheet, to6eincluded inthe Drainage Report, Task 7.7)
• Existing Impervious Area Maps (approximately three [31 11"xl7" sheets, to be included in the Drainage
Report, Task 7.7)
*° Proposed Impervious Area Maps (approximately three [31 11"x]7" sheets, to be included in the Drainage
Report, Task 77)
• Tables identifying the different types of impervious surfaces (to be included in the Drainage Report, Task7.7)
7.5 Water Quality Treatment and Flow Control Calculations
Consultant will prepare sizing calculations for the proposed water qualify treatment and flow control facilities.
Assumptions:
0 The 6y6m|ogicanalysis conducted ospo�'f this work element will 6edone per methods discuss
c6in��c
Yakima County Sfo,nnwo*r,Manual,
Deliverables: Task 7.7)
0 Water Quality Treatment and Flow Control calculations (to be included in the Drainage Report,
7.6 Conveyance Calculations
Consultant will prepare storm pipe conveyance capacity calculations for new storm drain conveyance systems within
the project area limits o,follows:
0' 90% PS&E: Prepare preliminary pipe sizing and backwater calculations, using Stormshed 3G or an
equivalent backwater calculation software program and the Rational Method.
m* 100% PS&E: Prepare final pipe capacity and backwater calculations, using Stormshed 3G or an equivalent
backwater calculation software program and the Rational Method.
Assumptions:
•' Conveyance calculations will beperformed for new storm drain conveyance systems only, Existing storm
drain conveyance systems will not 6canalyzed.
• Gutter flow calculations will not be performed,
Deliverables:
0 Conveyance Calculations (to be included in the Drainage Report, Task 7,7)
17
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteet Inc. Decem6e,2OZ2
7.7 Drainage Report
Consultant will assemble a draft (90%) and final Drainage Report (100%), The Drainage Report will include a
written assessment and summary of the surface water design features on the project, summary tables, flow control
and water quality treatment calculations, pipe capacity calculations, drainage bosin maps, and supporting exhibits.
Independent QA/QC reviews cfthe Drainage Report will 6cconducted for each submittal (9OY&and 0U9)
QA/QC reviews will be conducted by senior staff.
Dr|ivcm6|r,:
* Draft Drainage Report ct9O!KP5&E(an electronic copy inPOF)
• Final Drainage Report n/l00%P38cE(an electronic copy inPDFformat)
Task
�
�
— 90% Plans, Specifications, and
0
pinion of Costs
and submit
n�wiU o,�yOY&p|on, ns'on6o�n�nofcos�fm�thccgns�uFop��ont,octon
The Consultant prepare '' i�c�ve�
them ,q�he City for review and connmen1.The wiU6epreparedm of competency | mon _ ,
6ypracticing p
professionals �field i | i thetransportation
8.1 9O%Plans & Design
|tisanticipated that the gO%plans will consist ofthe following sheets (47shee/s):
• Cover Sheet wNicinity Map and Index Asheet)
.m Legend and Abbreviations (Isheet)
• Site Preparation/`Temporary Erosion and Sediment Control (TESC) Plans (2 sheets)
• Typical Roadway Sections (2sheets)
• Roadway Plan and Profile (5sheets)
• Miscellaneous Details (2sheets)
• Intersection Plan (I sheet) (prepared under subtosk84)
• Curb Ramp Details (2sheets) (prepared under sv6tm,k8.4)
• Drainage Plan and Profile (5,hrets)
•' Drainage Details (2sheets)
m° Driveway Plan and Profiles (4sheets)
• Driveway Details 0,hert)
w^ [honne|izohonand Signing Plan (2sheets)
• [honnc|iznhonand Signing Details (2sheets)
• Signal and Illumination Plan (4sheets) (prepared under ,ub/osk8.E)
^p Signal and Illumination Details (2sheet,) (p,opopc6 under sv6tnsk8.S)
• Temporary Traffic Signal Plan (3sheets) (prepared under su6/osk8.5)
• Temporary Traffic Signal Details (Zsheets) (prepared under su61o,k8`5)
18
CI1Y OF YAKIMA —NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
O�ccnn6cr2O22
Agreement �ithPc�r,�|nc
m" Traffic Control Plan and Details (3sheets)
* Pedestrian Traffic Control Plan and Details (2shcr1,)
w" Construction Phasing Plan (3 sheets)
Assumptions:
«" The water line, hydrant, and meter box relocation design and details will 6e shown onthe Roadway Plan
and Profile and Miscellaneous Details sheets.
• The size ofwafer line will match the existing size.
w^ Pipe material will 6cdetermined under Task Gl
• The water -service sizes will match existing, or as directed by the City.
Deliverables:
w Electronic copy vfthe 9O%plan set inPOFformat via e-mail
8.2 90% Opinion of Costs
The Consultant will calculate 90% level quantities and opinion of construction costs based upon the 90% design and
construction plans and anticipated unit bid prices.
Assumptions:
0 The bid schedule for the opinion ofcost will include vptotwo (2)bid schedules,
Oe|iwrn,6|rs:
* Electronic copy ofthe y0%opinion ofcost summary submitted inPDFformat via e-mail
In providing opinions of probable construction cost, the City understands that the Consultant has nocontrol over the
cost o,availability oflabor, equipment ormaterials, market conditions o,the Contractor's method ofpricing, and
that the Consultant's opinions of probable construction costs are made on the basis of the Consultant's professional
judgment and experience. The Consultant makes no warranty, express or implied, that the bids or the negotiated
cost of the work will not vary from the Consultant's opinion of probable construction cost.
8.3 90Y6Specifications
The Consultant will prepare Contract Provisions ("Specifications") for the 90% submittal. These will include Special
Provisions for the items of work that are not covered by the current WSDOT/APWA Standard Specifications,
including Yakima General Requirements. Bid forms will not be included in the 90% submittal.
Assumptions:
• |,isassumed that the City will provide the Consultant with any Yakima General Special Provisions and
Requirements to6cused onthe pnojcct-
• |tisassumed that the City will provide the Consultant with their standard, current, 6ni|e,p|rfccontract
language ("front end doc S11) to be used for the project,
[}c|iwcro6|rs:
0 Electronic copy of the 90% Specifications in Microsoft Word format via e-mail
19
OTYOFY4NK4ANOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
�m��hPc�c,�|nc Dccrnn6e,2O22
8.4 90% Curb Ramp Design & Plans
The Consultant will propose and design ADA compliant solutions for each of the identified curb ramps within the
project limits, as well as for the pedestrian signal elements. The curb ramp locations and pedestrian signals will be
identified and agreed upon before any curb ramp design work isperformed.
The work for this task includes the design and layout for up^otwelve (12)identified curb ramps. |tisanticipated that
the location and total number ofcurb ramps to6rdesigned are osfollows:
0 Eight (8)each otENob Hill Bou|ovpn/SFair Avenue:
o Two (2)each cxall corners (SWNW, NE, &cSB
*~ Four (4)each of the type lcommercial approaches accessing Classic Auto Wash
o Two (2)each o1commercial approach
The Consultant will prepare exhibits (I'in~0'ffscale) showing existing conditions and proposed improvements for
discussion. The Consultant will attend up to one (1) virtual coordination meeting with the City regarding curb ramp
and signal design considerations.
The purpose ofthe exhibits is to have a review of the horizontal curb ramp and signal layout and gain concurrence by
the City of the ramp types, locations, and alignment of the curb ramps prior to the final design phase. Prior to City
concurrence, the Consultant will perform minimal design needed to propose ADA compliant solutions for the curb
ramps and pedestrian signals tobrreplaced and approximate the footprint ofeach non-standard curb ramp. The
curb ramp and pedestrian signal designs will address existing utility impacts a,well, and how toavoid them, if
possible.
Once City concurrence on the curb ramp and pedestrian signal designs is achieved, the Consultant will progress the
curb ramp and pedestrian signal designs to a 90% design level. For the 90% design, the level of detail and
information shown in the plans for curb ramp and pedestrian signal design will be as follows:
• Anticipated lengths nfthe curb ramps based onthe site -specific surveys.
• Provide detailed cross sections in both directions, and notes pertaining to the lengths, maximum slopes, and
dimensions o<the curb ramps.
• Ageneral note will be provided directing the Contractor to confirm and maintain the existing curb return
radii when applicable.
Deliverables:
• Up^osix (6) Curb Ramp Exhibits (,DF)
• Intersection Plan and Curb Ramp Details included inthe 9O%Plans inTask 8]
ThegO% traffic signal design will incorporate the results from os-6uiltsand survey information for items expected to
remain. Note that most signal elements are expected to6eremoved, The plans will include existing information,
traffic signal phasing osagreed upon with the City under Task Gland signal pole and vehicle head layout. The
Consultant will also prepare wiring and conduit layout, mast arm wind calculations, section views for signal most arm
design to review clearances, and foundation locations. The Consultant will also integrate the ADA design with the
APSpushbutton location.
20
CITY OF YAKIMA - NOBH ILL BOULEVARD AND FAIR AVEKUE INTERSECTION IMPROVEMENTS
Agreement with Pc Inc,Oecem6r,ZO22
The Consultant will review the plans for construct ability, and review whether temporary signals will be required for
construction. This will include conduit and wiring review for temporary and permanent wiring, temporary signal head
placement, vehicle detection, or other signal modifications that could be impacted from construction.
The Consultant will perform temporary signal design because the existing signal cannot be maintained during
construction for a period of longer than one (1) working day. It is anticipated that the existing signal will be shut down
for more than one (1)working day for oswhchnve,/othe new traffic signal system. The temporary signal will 6c
placed outside of the existing and proposed signal equipment to facilitate the construction of the proposed items.
Assumptions:
• Temporary signal will be designed using wood poles and vvc,hcoJ conductors. H is assumed that the poles
will 6rdirect buried and not require design foundations.
• Temporary signal will utilize the existing controller. The existing signal phasing will be utilized in the
temporary signal design.
• Foundations will be per WSDOT standard plans, Special foundation designs are considered an additional
service and are not covered under this Scope ofServices.
• CAD files for signal plans from onexample project will 6eprovided 6ythe City.
Deliverables:
~ 9O%Tn,RicSignal Plan and Details included with Task 8J
^° yO%Temporary Traffic Signal Plan and Details included with Task 8l
8.6 90% PS&E QA/QCand Cmnstructobi|ityReview
An internal Consultant quality assurance/quality control review of deliverables will be conducted, as well as
confirmation that comments received have been addressed. A record of comments received will be maintained.
Response tneach comment received will 6ctracked toconfirm that they have been addressed.
Task 9-100% Plans, Specifications, and
0
�im�n~.~~~.~ i °����+*
The Consultant will revise the 8O9&plans, specifications, and opinion ofcost estimate based onthe [i°/,comments
and prepare o0O%PS8iEpackage. This submittal will include the preparation o|the Bid Schedule to6eincluded in
the Specifications.
The Consultant will provide WSDOT with a 100% set of bid documents for review. The Consultant will also submit
the 100% PS&E package, including the Bid Schedule, to the City for a 100% check print before assembling the
contract documents. 0O%comments will 6cdelivered electronically and incorporated into the Ad -Ready bid
documents.
Assumptions:
0 Iti,assumed that the lOU% review comments will 6rminor innature and not reflect any significant changes
*zdesign. |fthere are significant changes tothe design orPlans, this would 6cconsidered onadditional
service, and osupplement mthe Agreement would 6erequired.
9.1 Response to 90% Comments
21
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteet Inc. December 2022
The Consultant will attend one (1) comment review meeting with the City staff and provide the City with written
responses to the City's comments. Responses will be provided on the commented documents provided by the City.
Assumptions:
▪ 90% plan review comments from City staff will be consolidated by the City and conflicting comments will be
resolved by City staff prior to transmitting to the Consultant.
• Up to three (3) Consultant staff will attend one (1) comment review meeting held virtually.
Deliverables:
• Written responses to 90% comments
9.2 100% Plans & Design
The Plan sheets will be the same as those identified under the 90% design phase.
Deliverables:
• Electronic copy of the 100% plans (full-size [22" x 34 1) in PDF format via e-mail
9.3 100% Opinion of Costs
The Consultant will update the project quantities and prepare a 100% opinion of construction costs based upon the
100% design and construction plans and current unit bid prices. The Consultant will address applicable 90% review
comments and make revisions as necessary.
Deliverables:
• Electronic copy of the opinion of cost summary submitted in PDF format via e-mail
9.4 100% Specifications
The Consultant will prepare the 100% Specifications based upon the 100% design. The Consultant will address
applicable 90% review comments and make revisions as necessary. Bid forms will be filled out with the project
quantities with this submittal, The Contract Documents will include all required documents to meet federal funding
requirements.
Deliverables:
• Electronic copy of the 100% bid documents Contract Specifications, including the Bid Schedule, submitted in
PDF format via electronic e-mail
9.5 100% PS&E QA/QC Review
An internal Consultant quality assurance/quality control review of deliverables will be conducted, as well as
confirmation that comments received have been addressed, A record of comments received will be maintained,
Response to each comment received will be tracked to confirm that they have been addressed.
Task 10 — Ad -Ready Contract Documents
22
[OYOFYAK|MANOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteet Inc. Occcm6r,ZO22
The Consultant will finalize the 100% plans, specifications and opinion of cost estimate based on the City's
comments and WSDOT review comments and prepare Ad -Ready Contract Documents. If is assumed that 100%
review comments will be minor in nature and not reflect any changes to the design. The fee effort for this task includes
a review of the 2024 Standard Specifications for changes from the 2023 Standard Specifications and an update of
the Special Provisions and WSDOT GSP's (due to the long schedule duration of the development of this project and
more frequent publications, and timing of publications, of the Standard Specifications, it is assumed the 2024
Standard Specifications will need to be used),
The Consultant will provide WSDOT with a final set of bid documents for approval.
Assumptions:
• The fee effort for this task assumes the City will provide one (1) set of compiled and consolidated comments
reflective of all City comments from the 100% check set submittal, It is assumed that 100% review comments
will be minor in nature and not reflect any changes to design. If additional comments are made, or if any
comments are made that alter the design, and itis determined that addressing them would cause significant
changes t,the plans, this may 6econsidered additional work to6cincluded inosupplement.
• Prior to bid advertisement, the Consultant may make minor revisions to the Plans, Specifications, and
Opinion ofCosts. |1isassumed that the drainage and AOAstandards applying tothis project will not be
changed.
• The City will provide Builders Exchange and QuestCDN with a camera-ready or electronic plan set for
purposes of their scanning and contract document distribution during bidding.
• The City will provide Builders Exchange and QuestCDN with a camera-ready or electronic set of Contract
Specifications for purposes of their scanning and contract document distribution during bidding,
ww VVSD(JTcom~ents that are to6rincorporated info the contract documents that are osignificant change |v
the design o,fino|i,ohnnofthe ad -ready contract documents will 6cconsidered onadditional service and
may need nsupplement mthis Agreement.
* The City will coordinate the project advertisement with various newspaper publishers.
Or|ive,oWrs:
• Electronic copy ofthe Ad -Ready plans; half size (U^x|7^)and full size (22^x54^)signed plans, inPOF
format via e-mail '
• Electronic copy ofthe opinion ,fcost summary submitted inPDFformat via e-mail
�• Electronic copy of the Ad -Ready bid documents Contract Specifications, including the Bid Schedule, City
contracting documents, specifications, standard details, and wage rates, submitted in PDF format via e-mail
• Written responses tothe Final review comments
Tmsk]]—S
IP
T Coordination
The Consultant will coordinate with WSDOT regarding the approval of the 100% and Ad -Ready construction plans,
specifications, and opinion of cost, The Consultant will also coordinate with WSDOT regarding the required
checklists, and public information findings (PIF), if required, for federally funded projects.
WSDOT Coordination for PS&E
Because there is federal funding included in the project, WSDOT will need to approvethepnojec'scon,truc/ion
contract documents. This task includes coordinating with WSDOT through e-mails and by phone. The Consultant
23
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
rcc���,°i��Pc��c��c�December 2O22 �~��__--�~ _ -_ __
- -- will prepare hard copies and electronic copies of the 00Yplans,opi inn of costs, contract specifications, and
complete the WSDOT PS&E Checklist, and submit as a submittal package to WSDOT for review.
The Consultant will review and address WSDOT comments resulting from the 100% review. The Consultant will
arrange, prepare for, attend, and prepare meeting notes for up to one (1) meetings with WSDOT to discuss the 100%
comments and prepare for the final submittal.
Deliverables:
w" Uptothree (3) hard copies of 100% and Ad -Ready plans and contract provisions, and one electronic pdf
copy, for VVSD[Treview and approval
• Completed VVSDOTPS&EChecklist submitted with the 08%PS&EtoVVSDOT
• Provide additional support information to WSDOT as requested to obtain approval by WSDOT for the final
contract documents
11.2 Preparation ofPublic Information Findings (z|Fs)
The Consultant will prepare and submit Public Information Findings (PIFs) for proprietary items, as required for
VYSOC}Tonfederally funded projects. Preparation includes obtaining verifications from vendors that materials meet
Buy America requirements, or obtain values of items and the value of foreign steel and/or iron, if any, and the
p,rpomfion ofVYSO{}TForm l4O-UB.
Assumptions:
• hi,anticipated that a PIF will be prepared for signal controller equipment and detection equipment. If other
items are identified as needing PIF documentation, this may be considered and additional service and may
require osupplement tothe Agreement.
• Vendor and City signatures will be the required approval, and forms submitted to WSDOT are for record
keeping purposes,
Deliverables:
9 Draft and Final FqFdocumentation (VSO{}TForm l4O-0H)
|fneeded the Consultant will arrange, prepare for, attend, and prepare meeting notes for vp^otwo (2)meetings with
WSDOT to discuss project information, The meetings will focus on gaining WSDOT concurrence of these
documents. This task includes coordinating with YY3DOTthrough e-moi|,and 6yphone.
Task l2—'.id Support
The Consultant will support the City during the bidding phase of the project, The Consultant will respond to requests
for clarifications and prepare A66en6um,.The effort for the assistance during bidding islimited tothe fee identified
inthe fee schedule for this Task.
12] Provide Bid Clarifications
The Consultant will respond toContractor questions osrequested 6ythe City during the bidding process, The
Consultant will provide clarifications to the City, which may include Plan sheet revisions, Special Provision language,
or information clarification.
24
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with P= Inc.nn Dcccbcr2022
Ue|ivc,o6|es:
0 Written clarifications tzbid questions, including text and plan sheet revisions ifapplicable (r'~ni|fo,mo1)
13.2 Addenda
The Consultant will assist the City with preparing materials to be included with up to two (2) Addenda, as required,
Assumptions:
• The City will provide their standard addendum template for the Consultant to use.
• The Consultant will prepare addenclums for distribution during the bidding process.
• The Consultant will provide Builders Exchange and QuestCDN with electronic copies of addenclums for
purposes ofscanning and contract document distribution during bidding.
"m The Consultant will track bid questions and communicate with bidders.
Or|iwcm6lec
wElectronic copies ofup^otwo (2)Addenda for purposes ofcontract document distribution during bidding.
12.3 8i6 Review and Tabulation
The Consultant will review Contractor submitted bids for responsiveness and prepare bid tabulation for City review,
Assumptions:
�• The Consultant will prepare and review the bid tabulation.
�• The Consultant will determine if the bids are responsive o,not,
Deliverables:
• Bid tabulation (Excel)
• Recommendation of Award Letter (Word)
12.4 Conformed Construction Documents
The Consultant will modify original bid documents to prepare a "Conformed for Construction" projectmanual and
plan set to be used during construction that will incorporate any issued addenda, and the final completed contract
portion of the agreement between the City and the Contractor, including a completed copy of the bid proposal.
Assumptions:
* The City will provide the Consultant with the final contract agreement with the Contractor that is«o6e
included with the conformed project manual.
/* The Consultant will assemble issued addenda and the provided contract agreement in to the "Conformed
for [onstmction^documents.
* The Consultant will reproduce hard copies of the "Conformed for Construction" documents.
Deliverables:
0 Electronic copy of the "Conformed for Construction" project manual
25
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
m��[�r��|nc Dr�m6c,2OJ2
� — —
�0 Electronic copy ofthe "Conformed for [onstru'tion^ plan set in half-size and full-size
Directed Service Dl—NpDES /NOO
This work element will only be executed by the Consultant upon written (email) approval by the City.
The level ofeffort 6ythe Con,uhant for this task isbased onthe work elements and number ofdeliverables identified
below. The budget assigned for this task will be limited to the amount designated in the fee schedule for this Task, If
additional revisions and deliverables are needed cannot 6caccommodated within the established budget, o
supplement 1uthe Agreement will bcrequired,
The construction of the Project may require an acre or more of cumulative land disturbance triggering Construction
Stormwater General Permit (CSGP) Notice of Intent (NOI) submittal to Ecology. A NOI will be prepared at the final
design level if deemed necessary and is required in order to obtain a CSGP from Ecology.
Assumptions:
*^ The Consultant will prepare and submit a NOI electronically after City issuance of SEPA exemption of SEPA
determination.
w, The City will 6rprovided with applicant forms after submittal and will need ^, sign and return forms ^o
Ecology and publish the required public notices.
• Permit coverage will 6ctransferred 10the Operator (Con,mcmr)after bid award and before construction.
All permit fees will be paid by permitfee and transfer of coverage will be included in the project manual.
w° The Stormwater Pollution Protection Plan (SWPPP) will be indicated to be provided by the Contractor in the
Specifications and permit compliance will beaddressed 6ythe Contractor.
Deliverables:
• Draft and final NO|submitted electronically x,the City.
r• Specification language for Contractor compliance and permittee responsibility.
Directed Service
9
_
9
esign aximum Extent Feasible / c1 Documentation
This work element will only be executed by the Consultant upon written (email) approval by the City,
The level of effort by the Consultant for this task is based on the work elements and number of deliverables identified
below. The budget assigned for this task will be limited to the amount designated in the fee schedule for this Task. If
additional revisions and deliverables are needed cannot be accommodated within the established budget, a
supplement |othe Agreement will 6crequired.
The Consultant will provide the following services:
C)2] Coordination with VVSC)OT
The Consultant will coordinate with VVSD0Tregarding acceptance and the determination ofcompliancy of
pedestrian facilities, This includes up to two (2) virtual meetings with WSDOT, phone, and e-mail coordination.
26
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with prrte'fInc. O°ccnnbe,2D22
The Consultant will also coordinate with WSDOT regarding a courtesy review of the MEF documentation, and
regarding pedestrian facility design questions from VV3D(}T.
Deliverables:
0 WSDOT concurrence regarding curb ramp and pedestrian signal design
D2.2 Design MEF Documentation
When full ADA accessibility criteria cannot be met by the pedestrian facility improvements, an MIEF Document must
be prepared as part of the project documentation. The Consultant will prepare a designed conditions MEF document
for the project. justification will 6eprovided vspart ofthe documentation.
Work Elements:
The Consultant will prepare design MEF documentation for the City's documentation. The MEF documentation is
anticipated toinclude the following elements:
• Project Description — this will 6e ageneral description ofthe overall project.
• Design Standards — this will be a general statement identifying the guidelines/manuals used and the criteria
to6cmet for pedestrian facilities.
• Summary ofFacilities and Evaluation — this will beoshort summary ofthe facilities hat will 6cevaluated,
including ageneral statement that the project design was intended to be compliant, then identifying specific
elements that are non -compliant and a justification for the reason(s) why.
• Summary of proposed design and compliancy for curb romps, pedestrian crossings, driveways, sidewalks,
and pedestrian signals, osapplicable.
• The Consultant will provide odraft k4EFDocument for the City tnreview. The Consultant will incorporate
the review comments into ofinal MEFDocument.
This task provides for the preparation pfthe design k4EFdocument, which will reflect the Consultant's designed
improvements, and will 6eprovided tothe City. Upon completion ofconstruction, iti,recommended that the design
MEF document be modified to reflect the constructed improvements as the constructed VIEF document. This Scope
nfServices includes work turevise the design IVIEFdocument and produce the constructed IVIEFdocument under
Task D4.5.
Assumptions:
• The Proposed Guidelines for Accessible Public Rights'ofVVoy(PR[WAG).July 26.2011(2011PROVVAG)
will be the design guidelines and measurement of compliancy for pedestrian facilities, as determined by
W8ODT.
• Detailed information for every pedestrian facility (for example, each curb ramp with every slope
measurement, dimensions, c/c]will not 6rprovided inthe k4EF.
• Existing non -compliant curb ramps are generally non -compliant in most or all of the elements (such as
dimensions, landings, slope); thr,rfo,c, odetailed overview nfthe individual existing elements will not be
provided for each curb ramp, but there will bcogeneral statement of^non'comp|inncy^for each ramp, o,
necessary.
Ch|ivcm6leo
27
CITY OF YAKIMA - NOBIH ILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perte,tInc. Orccnnbe,2022
0 One (1)electronic copy ofthe Draft MEFDocument inPDFformat
0 One (1) electronic copy of the Final MEF Document in PDFformat
Directed Service D3—Pilot Infiltration Testing (oIT)(HAGmoScien-)
This work element will only be executed by the Subconsultant (HWA) upon written (email) approval by the City.
In the event that near surface soils and groundwater conditions are conducive toonsitrinfiltration and additional
infiltration analysis is required or desired, one Small Scale PIT test can be performed to determine long term
infiltration rates. If these services are requested by the City, HWA proposes the following scope of services for the
Optional PIT testing,
• Coordinate Field Work: HWA will coordinate with the city and the design team to determine the
appropriate testing location. We will subsequently generate an exploration plan to assist with the permitting
process and detail the logistics necessary to perform the testing, HWA will obtain a private utility location
service to locate potential underground utilities in the vicinity of the proposed PIT location. We anticipate
renting nwater truck ^o perform this work.
• Traffic Control. Atraffic control plan will 6edeveloped for the PIT work for City approval prior ^ofield
operations.
• UtilifyLocates: HWA will mark the proposed PIT location and arrange for utility locates using the Utility
Notification Center and o private utility locate subcontractor.
• Log Test Pit Excavations &Conuuc/PIT Testing, HVVAwill perform one Small Scale PIT test insupport ot
this project (two days).
• Prepare PITExploration Logs & Assign Lab HVVAwill prepare osummary PIT log and perform
laboratory testing to evaluate relevant physical properties of the site soils.
• HydrogeologicAnalyses. HVVAwill review the field and laboratory data, and will perform ohy6,ogen|ogic
analyses toevaluate design infiltration rates.
• Update Geureohnico/ Report., VVcwill update the gemechnico|report to include the design infiltration data
determined from the PIT testing program.
• /fkKA QA1QC, All design calculations and recommendations will be reviewed by a senior principal prior to
distribution tothe design team and the city.
ASSUMPTIONS/CONDITIONS FOR OPTIONAL PIT TESTING SERVICES
The following assumptions were made ospart ofthe development ofthe proposal for this Opt ionr|PIT testing
services:
• Site access will 6rprovided o,HVVAand their subcontractors.
• HWA will locate all field explorations within the City ROW, and we assume that right of entries permits will
not be required. HWA will submit a ROW use permit for approval, if required by the city.
• VVcanticipate renting owater truck toperform this work.
• PIT will be backfilled with excavated soils. Soils will be compacted in lifts with a hoe pac.
• The PIT will be located in an existing gross area, the surface will be racked smooth, and grass seed will be
placed after completing the testing. VVrassume that installation ofnew sod will not 6erequired,
28
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteef IncOecrm6crZO22
_
w' Our scope does not include identification nor evaluation of contaminants that may be present in the soil or
groundwater.
Directed Service D4 — Services During Construction
This work element will only 6cexecuted 6ythe Consultant upon written (rnnoiAapproval 6ythe City, The budget
assigned for this work element will 6enegotiated otolater date.
The Consultant will provide construction design support and construction observation and administration services for
the federally funded Nab Hill and Fair Avenue Intersection Improvements. These services will include project
management, meeting attendance, correspondence, contract administration, review of submittals and RFI's, and
construction observation for f hrCity ofYakima osrequired for construction ofthe project. Services are detailed
General Assumptions-
0 Construction ofthe Nab Hill and Fair Avenue |mrorcionImprovements is anticipated t,have on
approximately 4'nnonf6duration ofnn,hework.
0 The Contractor will have 8Oworking days 10complete the work.
0 The attached budget for the services 6ctui|c6 below i, 6o,r6 on the following:
o Construction observation for an average of 40 hours/week (10 hours per day), through 80 working
days, plus 80 hours to account for preconstrudion conference, pre -work site visits, and unexpected
weather delays;
o Construction administration for an average of 14 hours/week (depending on Contractor activity
and materials submittals), through 80 working days, plus 80 hours to account for preconstruction
conference and potential weather delays.
o 4Ohours are provided ot the end ofconstruction toprepare all construction materials
documentation, and all other construct ion documentation, for future Project Management Review
(Pk4R).These hours are included inTask D4.3.
0 Construction documentation by Perteet will be prepared using WSDOT forms from the Local Agency
Guidelines (LAG) manual in anticipation of a post -project audit by WSDOT. The construction management
team will be responsible for the maintenance of the construction documentation delivered by Perteet under
this Task.
0 Construction survey isprovided 6ythe Contractor per the Contract Provisions, The Contractor will also 6e
responsible for surveying and reporting changes from the plans for the production of record drawings.
* It is anticipated that the project can be constructed within the existing public right-of-way.
* Additional effort beyond the reasonable industry standard for each task will 6econsidered extra work.
0 For the following services, labor allowances are an estimate only. The level of effort required for this work
cannot 6eaccurately predicted osifdepends onissues outside ofthe Consultant trom'scontrol. Some o<
these issues include Contractor's compliance of installing only approved materials, adverse weather
conditions, and unforeseen conditions ot the site. Allowance for any such issues isnot included inthe Labor
Hours Estimate.
04.1 Construction Project Administration and Management
29
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE I !I\ TERSECTION IMPROVEMENTS
Agreement withPerte'fInc- December 2O22
The Consultant will provide project management of the Consultant team,
Aspart ofthe project, the Consultant will prepare monthly progress reports that describe the work items and
percentage of work items that were accomplished during a given month, Progress report will include a status of
overall project budget, spent and remaining. The Consultant will submit these monthly progress reports to the Ci,y's
Project Manager with the monthly invoices. The monthly invoices will bill by major tasks, The Consultant Project
Manager will notify City's Project Manager, in writing (memo or e-mail format), of any out of scope and/or
budgetary issues that are inconsistent with this Scope ofServices.
Work Elements:
• Project setup.
wv Project staff management,
.m Control ofproject budget and schedule.
• Prepare monthly progress reports and invoices.
• Maintain on -going contact with the [itY'sProject Manager via informal meetings, telephone discussions,
and electronic mail.
• Coordinate and lead weekly progress meetings with the Contractor.
Assumptions:
* This contract duration extension under this task will benegotiated otolater date,
D4.2 Construction Design Support
This work element will consist of the follow tosks:
•Consultant will attend the project pre -construction meeting and will include
~r'~two `-' Consultant design staff —from P---
•Consultant will virtually attend weekly construction meetings os
requested 6fthe Construction Management team and/or City. This Work Element assumes up1otwelve
(12)meetings that are vp»oone (1)hour long attended 6yvpto(Z)Prrteetdesign staff.
• The Consultant will review and recommend action
onContractor submittals for Construction Management team and/or City ofYakima approval, o,
requested 6ythe Construction Management team. These submittals may include: Shop drawings and other
technical submittals, certifications, working drawings and request for material sources. The Consultant will
review and respond ^ouptoeight (8)submittals averaging four (4)hours each for utotal ofthirty (32)
hours. The Consultant wiUo|so,r/icwonJrespnn6mupm1hree(S)rcsu6mitto|,owcmSingmvo(2)hovn
each for ototal ofsix (6)hours. Stated hours include document processing and tracking.
• The Con,vhnmwiUp,ov�cc�hGco�on'f the contract
documents 10the Construction Management team based upon the Contractor's written requests for
clarifications, verbal requests o,osrequested 6ythe Construction Management team, Prepare and submit
written responses and drawings or sketches to the Construction Management team to clarify the contract
documents, The Consultant will review and respond to up to four (4) RFIs averaging four (4) hours each for
ototal ofsixteen (|5)hours. The Consultant will also review and respond tnvptotwo (2)RF|,esu6rninn|s
averaging two (2)hours each for ntotal offour (4)hours. Stated hours include document processing and
30
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with PeInc.December 2022
.w The Consultant design staff will assist the Construction Management team with any
requests where field construction modificafions or addifions are requested, and revisions during initial
project set up and review prior to the beginning of construction. The Consultant will prepare up to two (2)
design changes averaging ten (|O)professional cnginre,inghouoonJsix(6)[ADO*shnicionhouo{o,
each change for ototal o<thirty-two (32)hours,
• Uptoone (l)design staff member will perform vp^ntwo (2)site visits nt
eight (8) hours each for a total of sixteen (16) hours are assumed for performing field observations of
construction activities including time on-sife, travel time, and reporting,
Q4.3 Construction Administration and Documentation
The Consultant Construction Management team will provide construction documentation and record keeping.
Standard WSDOT forms will be used for records and reporting procedures. If a WSDOT form is not available, a
Perteetform will 6eused. At completion of the project Perfect will provide electronic files of all documentation to the
Work Elements included for Construction Management team:
'm Prepare for and lead preconstruchonconference.
• Weekly Construction Meetings — Prepare agenda and facilitate meeting.
• Manage and coordinate changes ^othe contract, including:
o Issuing Field Directives.
o Negotiating and writing change orders for City to sign.
«m Coordinate with Consultant design staff, if necessary, responses to Contractor -submitted RFIs.
• Material Documentation
o Project File/Records and documentation setup, Project filing Index will be based on Perteet's file
index.
o Maintain a submittal and RFI tracking system to assure timely responses and minimize potential
delays.
o Review Material Submittals (RAMs) from Construction Contractor, This includes materials used on
the project, such as storm, landscaping, aggregates, pavement, concrete, electrical, and steel items.
o Review Shop Drawings submitted 6ythe contractor.
o Maintain oRecord ofMaterials (R{}K4)toensure proper approval ofall materials incorporated info
the project.
• Employment Documentation
o Employee Interview Reports (s|ortc6)
o DBE Interviews (comp|rtrJ)
• Payment Documentation
o The Consultant will review the Contractor request for payment and will prepare monthly
Application for Payment estimates for City approval, based onthe Consultant's field note records.
Assumptions:
• The City will track all Contractor and Subcontractor administrative documentation (statements of intent,
business licenses, certified payrolls, affidavits of wages paid, fed aid cerfs, etc.).
• The City and Consultant will coordinate a meeting facility and meeting date for the project Preconstruction
Conference. The Consultant will prepare the meeting agenda and meeting notes and distribute PDF copies
of the meeting notes to all attendees for review. The Consultant will lead the Preconstruction Conference.
31
CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteet Inc. Decrn`6,,2022�
• The Consultant will prepare and deliver Change Orders to the City and Contractor for approval and
signature,
• The Consultant will prepare suspension letters and letters acknowledging substantial completion and final
completion for City signature and approval.
• Construction documentation will be prepared using City and/or WSDOT forms from the Local Agency
Guideline (LAG) Manual in anticipation of construction documentation reviews by WSDOT, Washington
State Auditors Office, and FHWA. The Consultant will facilitate any reviews that occur prior to the
completion ofconstruction.
• This is a Federally Aided project that includes Disadvantaged Business Enterprise (DBE) requirements.
Record keeping will be as required for Certified Agency (CA) compliance for Federally Funded Projects, The
Consultant will perform DBE on -site reviews. The City will provide, or ensure that the Contractor provides, all
other DBE documentation.
• The Consultant will document authorized force account work using WSDOT's force account field form,
including tracking labor hours, equipment hours, and material used. Toensure that force account labor
personnel are compensated appropriately, the Consultant will use the labor rates based onCertified
Payrolls. The Consultant will then complete the force account documentation (reimbursement calculations
using the labor and equipment approved rates and markups, and tracking material invoices).
• The Consultant will provide field note records to6c used for Application for Payment e,hmo,c,.
m, The Consultant will review the Contractor request for payment and will prepare monthly Application for
Payment estimates for City approval, based on the Consultant's field note records-
•^ The Consultant will review and respond toRequests for Information (RF[s).
• Public outreach beyond addressing questions and concerns inthe field will 6chandled 6ythe City.
D4.4 Construction Observation
The Consultant Construction Management team will provide construction observation of the technical conduct and
progress nfthe construction, including providing 6ny-to'Jaycontact with the Contractor and City inaccordance with
the roles and responsibilities stated in the WSDOT Standard Specifications and the contract -specific Special
Provisions, The Construction Inspector shall not be responsible for the means, methods, techniques, or procedures of
the construction selected by the Construction Contrador(s) or for any failure of Construction Contractor(s) to
comply with laws, ordinances, rules, or regulations applicable to the construction work, The parties recognize that the
Construction Contrador(s) is responsible for ensuring that construction is in accordance with the plans and
specifications,
Work Elements:
M^ Prepare daily construction reports, describing the Construction Contractor's operations performed and
recording decisions and observations of a general or specific nature in chronological order.
o Measure quantities of materials installed, log equipment and staff used, and other related items,
o Verify inthe daily report that the Contractor isworking with the proper traffic control plans (if
opp|ico6|r),
• Document work being done onoforce account basis.
o Obtain required documents (i.e., truck tickets, Daily Traffic Control and TESC reports, etc.) to be
provided 6yContractor nn-,i/c.
• Verify that material approval is complete (via ROM) prior to material being used on -site.
32
CITYOFYANMA—NOBH|LLBOULEVARDAND FAIR AVENUE |NTERSE[T0NIMPROVEMENTS
Agreement with Perfeef IncDecember 2822
• Coordinate, report and log the results for field sampling, field testing, and laboratory testing ofsoils,
aggregates and concrete todetermine compliance ofthose materials with construction contract
requirements, In those instances where unsatisfactory test results are obtained, follow through with
notification to the Construction Contractor and retesting of the materials after corrections are made.
• Measure Quantities for Progress Payment.
o Collect and tabulate quantity delivery tickets. Tickets shall be marked as to location (stationing per
plans) where materials were used inthe project.
o Prepare field note records,
u Check that Manufacturer's Certifications and Certifications of Materials origins are received prior
tnrecommendation for payment.
• Take progress photographs ofconstruction activities todocument progress of the work and job site
conditions encountered. These photos will be a part of finalized Inspector Daily Reports ODR's). Perteet will
use Headlight by Pavia Systems, and will provide the City of Yakima project manager a login to view IDR's in
real time.
• Collect scale certifications corequired 6yspecifications.
• ADA compliance. The Consultant will perform a field inspection of the constructed pedestrian facilities,
including sidewalks, curb romps, and crosswalks. The Consultant will check for ADA compliance to the
PROWAG guidelines, and will record information on the Consultant's ADA Compliance Checklists and
other relative forms. This task includes set upufmaterials used for the field evaluation and coordination with
City staff regarding non -compliant elements and justifications. Preparation of construction phase MEF
document i,provided under Task O4.5.
• Document authorized force account work using VV5D{}Tsforce account field form, including tracking labor
hours, equipment hours, and material used. To ensure that force account labor personnel are compensated
appropriately, the City will provide the labor rates based onCertified Payrolls. The Consultant will hen
complete the force account documentation (reimbursement calculations using the labor and equipment
oppn,vo6 rates and markups, and tracking material invoices).
• The Employee Interview Report will 6einitiated 6ythe Consultant who will document the wage claimed 6y
the employee. The City will complete the report 6ydocumenting the wage rate recorded onthe Contractor's
payroll and the minimum wage rate prescribed by the contract wage determination schedule.
• Provide field note records to be used for Application for Payment estimates.
• Make recommendations to the City concerning operational acceptance, substantial completion, and final
acceptance of the work, including review of the requests for extension of time by the Construction
Contractor. Perform nfinal review and inspection ofthe construction work and prepare rfinal list nfitems to
be corrected. After substantial completion of the project, verify completion of the punch list.
Oc|iwcm6les:
• Monthly Application for Pay Estimates for City approval
• Daily Construction Reports
• Daily Field Note Records documenting all payments
^~ Inspector Daily Reports
• Force account documentation
• AOAcompliance checklists
• Weekly updates on road closures (Thursday mornings) for inclusion in City's traffic impact notices
• Employee Interview Reports for wage documentation
• Construction Photographs inelectronic format
33
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agrermcntwh6Pc�ec1|nc Oecrm6c��D2 '0 Project Punch List (Prepared list and completed list)
Tasks *o6eperformed E9the City:
* The City will be the reviewer of the Consultant produced Inspector Daily Reports ODR's) and Field Note
Records (FNR's).
Q4.5 Updates to IVIEFDocumentotion
Upon completion ofconstruction, the design MEFdocument will 6rmodified toreflect the constructed improvements
o,the constructed MEFdocument.
Assumptions:
0 Up to sixteen (16) hours of staff time will be provided by the Consultant for this work element.
De|ivcro6|cc
0 One (1) electronic copy of the Final MEF Document in PDFformat
Additional (OptiunoAServices
The Consultant may provide additional services as directed by the City which are not identified in this Scope of
Services, Additional services shall not commence without written authorization and approval from the City and a
supplement tothe contract.
Services Not Included inthis Scope ofServices
L Modeling or calculations for downstream analysis of the receiving drainage system.
2. Backwater conveyance analysis for the downstream receiving drainage systems.
l Drainage design above what i,described inthis scope ofservices.
4� Preparation ofSto,m°mte,Pollution Prevention Plan (SWPPP).
G. Preparation nfrevisions and/or updates tothe approved NEPADocumentation and supporting reports and
,1v6irs.
6. Grant assistance and support for design and/or construction funding.
7. Pavement design.
Items tokefurnished 6vthe City
Information Provided 6vOthers:
The Client shall furnish, nt the Client's expense, all information, requirements, reports, data, surveys and instructions
required by this Agreement. The Consultant may use such information, requirements, reports, data, surveys, and
instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Further, the
Client agrees that the Consultant shall have no responsibility for any portion of the Project designed by other
consultants engaged 6ythe Client.
The City shall furnish the following:
l. All available "As -Built" information, including for traffic signals and the existing illumination systems.
2. Updated underground utility information relative tnthe City owned utilities,
3. Any applicable preliminary design reports, geotechnical reports, environmental reports, and identified
upand downstream problems.
34
CITY OF YAKIMA —NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS
Agreement with Perteef Inc, December 2022
4. Updated City of Yakima General Provisions.
Design Criteria
As of the date this Agreement is signed, design file, reports, documents, and plans prepared as part of this Scope of
Services, tothe extent feasible, will 6e developed inaccordance with the latest edition and amendments tothe
following documents:
i Standard Specifications for Road, Bridge, and Municipal Construction, 2023English Edition, published
6yVVSO{}Ton6the Washington State [6op1erAPVYA
I Standard Plans published byVV3OOT
3. "Local Agency Gui6c|inrs^published 6yVVSDOT
4. AASHTO:APolicy onGeometric Design ofHighways and Streets (2011Edition)
S. J009Manual onUniform TroHicControl Devices (MUT[O)
6. ASHTOGuide for the Development ofBicycle Facilities, 4thEdition
7. Proposed Accessibility Guidelines for Pedestrian Facilities inthe Public Rig6ts'of-VVoy.July Z6.20ll (201
PRCXNAG)
8. City ofYakima Engineering Details and Specifications
0. The 2OlOYakima County Regional Sto,mwotrrManual (/[RSM)
10. 2011Yakima County Regional Low Impact Development S,o,mwofe,Design Manual
U. Yakima Municipal Code (Yk4{)
12. Department nfEcology (Eco|ogv)JOl9^Sto,mwofe,Management Manual for Eastern VVoshing^on^
Changes in any design standards or requirements after services have begun may result in extra work, and require
supplement /othe Agreement.
35
xhibit
articipation
set,
1
N/A
Agreement Number: 2143
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
ar.
tion an
•
elive
of lectronic
•
ineerin
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
CAD 2020, XML
B. Roadway Design Files
CAD 2020, XML
C. Computer Aided Drafting Files
CAD 2020
Agreement Number: 2143
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
- Design plans for review (PDF) and opinion of costs
- Specifications (Word)
- Environmental Permits
F. Specify What Agency Furnished Services and Information Is to Be Provided
- CAD and survey notes showing the full topographical survey of the project area, including underground
utilities
- CAD showing the proposed project footprint, including the construction centerline and profile and
corridor
- CAD showing the existing and purchased ROW
Agreement Number: 2143
Exhibit C - Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
Email or SharePoint
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
See attached Exhibit D, fee determination
it
utations
0
e onsultant ost
0
Agreement Number: 2143
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Consultant Fee Determination Summary — Exhibit D
2707Bby Avenue, Suite 9�Everett, WA 98201P425�52,7700
Project: Yakima Nab Hill and Fair Avenue Intersection Improvements
Client: City ofYakima
Classification
Principal
Sr. Associate
Sr. Associate
Sr. Engineer/ Mgr
Sr. Engineer/ Mgr
Lead Engineer/ Mgr
Lead Engineer/ Mgr
Civil Designer U
Civil Designer ||
Civil Designer |
Civil Designer |
Lead Technician/Designer
Technician III
Planner II
Construction Supervisor
Accountant
[|e,ico|
Total Direct Salary Costs
Overhead @
Fixed Fee @
Total Labor Costs
Hourly Costs Fixed Fee Estimate
^Hours � [Rate Amount`
14.00 11779 $1,849
8.00 79]6 $535
24.00 81.94 $1.967
134O0 61.00 $8.174
95.00 7276 $6.985
46.00 55.00 $2'530
252.00 58.00 $14.616
290.00 40.08 $11.500
20.08 42.00 $840
68.00 55.00 $2.380
8.00 56.50 $292
40.00 51.91 $2.076
20200 39.00 $10.218
24.00 47.59 $1'137
4.00 81.74 $527
12.00 45D0 $510
6i00 33.86 $705
1.308.00 $66.143
182.52% $120726
50.00% $19.843
Reimbursables
|o'Hnuo:Cdsts
k4i|enye $�025
Total In -House Costs
Su6comultants
HVYAGco3cienc,sInc
OvrrSiteLLC
Tntp|Su6consu|o,nts
Qty Rate
670 M635
Subconsulfants
Cos�t
$44.7|5.0O
$4,450.00
1.00
Markup
Loo
Management Reserve
Total Other Costs
Amount
$44,71300
$4,450.00
$49,163.00
$25,629.00
CONTRACT TOTAL
OOA
.°~�,`. �
Rates shown reflect the typical compensation rate of employees assigned to the billing category listed, Each category may have
multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee
compensation issubject madjustment in]unevfeach calendar year.
Prepared By� Russell D Craven
Dom: Decem6e,3p^2OZ2
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Linderson Way SW
Tumwater, WA 98501-6504
ITY, 1-800-833-6358
voNvy vvsdotwa,gov
July 20, 2022
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Subject: Acceptance FYE 2021 ICR — Risk Assessment Review
Dear Denice Moan:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2021 ICR of 182.52% of direct labor (rate includes 0.10% Facilities Capital Cost
of Money). This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantratesl&wsdo LIV 1,,!,0 .
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
c
nsult-
t
st
If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See attached Exhibits for the following subconsultants:
- HWA GeoSciences, Inc.
- OverSite, LLC
Agreement Number: 2143
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Subconsultant Fee Determination Summary Sheet - Exhibit E-HWA
Subconsultant: HWA GeoSciences, Inc.
Project: Yakima E Nob Hill Blvd and S Fair Ave Intersection Improvements
Client: Perteet
DIRECT SALARY RATES
Classification Hours Rate Cost
Geologist VIII 3 x $85.00 = $255
Engineer VIII 10 x $87.50 = $875
Engineer V 46 x $58.50 = $2,69 I
Geologist III 46 x $40.50 = $1,863
Contracts 8 x $45.00 = $360
CAD 6 x $32.50 = $195
Clerical 2 x $33.00 = $66
Direct Salary Costs = $6,305
DSC X Overhead (208.31%) = $13,134
DSC X Fee (30%) = $1,892
TOTAL DIRECT SALARY X OH AND FF = $21,330
RE1MBURSABLES
Estimated Direct Costs (See Second Sheet)
TOTAL REIMBURSABLE COST =
$23,383
$23,383
CONTRACT TOTAL
$44,713
Date: December 20, 2022
Page 1
Direct Costs
Task 4.1 Geotechnical Services
Mileage; 0.625/mile, 310 miles/trip, 3 trips
Per Diem; $150/day, 3 days
GPS Unit Rental; $60/day, 3 days
Water level Indicator; $25/day, 2 days
Private Utility Locator
Traffic Control (two days)
Traffic Control Plans; $250/sheet, 2 sheets
Sonic Drilling Subcontractor; 2 days of drilling
ROW Permit
Geotechnical Laboratory Testing
TOTAL - THIS TASK
$581
$450
$180`
$50
$450
$2,000
$500
$16,800
$100
$2,272
$23,383
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Linderson Way SW
Tumwater, WA 98501-6504
TTY: 1-800-833-6388
www.wsdotwa,goy
July 22, 2022
HWA GeoSciences, Inc.
21312 30th Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2021 ICR — CPA Report
Dear Vasiliy Babko:
We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 208.31% of direct
labor (rate includes 0.22% Facilities Capital Cost of Money) based on the "Independent
CPA Report," prepared by Thomas W Maxwell CPA. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may
be subject to additional review if considered necessary by WSDOT. Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates(ti'wsdat.wa.BOV
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Subconsultant Fee Determination Summary Sheet - Exhibit E-OverSite
Subconsultant: OverSite LLC
Project: Yakima Nob Hill/Fair Ave
Client: City of Yakima
DIRECT SALARY RATES
Classification
Principal
Rate
22.5 x $77.13
Direct Salary Costs
DSC X Overhead (1 10.00%)
DSC X Fee (30%)
TOTAL DIRECT SALARY X OH AND FF
Hours
Cost
$1,735
$I,735
$1,909
$521
$4,165
REIMBURSABLES
Mileage
Xerox Copies
456 @ $0.63
$285
$0
TOTAL REIMBURSABLE COST = $ 285.00
CONTRACT TOTAL
$4,450
Prepared By:
Joshua Velazquez
Page 1
Date: December 20, 2022
Transportation Budding
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
.wsdotwa.gov
February 9, 2022
Joshua Velazquez, Owner
OverSite, LLC
6 1st Street
Wenatchee, WA 98801-2247
Re: OverSite, LLC
Safe Harbor Indirect Cost Rate
Dear Mr. Velazquez:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the "safe harbor" indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for OverSite, LLC. We conducted our assessment based on the
documentation provided by the firm. The reviewed data included, but was not limited to, a description
of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our
review, your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate,
rather than provide a FAR -compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where
applicable, of 80% of direct labor for OverSite. The Safe Harbor rate is effective on February 9, 2022.
OverSite has agreed to improve Internal Controls and timekeeping processes to be able to develop an
Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR),
Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs
and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office
situations, for agreements entered prior to February 9, 2025. For agreements entered after this date,
please contact the WSDOT Consultant Services Office (CSO) or our office for guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7003.
Sincerely,
Schatzie 1arvey, CPA
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Larry Schofield, MS 47323
File
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Cost Agreement Number 21 43
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
xh
t
Title I A ssurances
A
en
Ix
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number 21 43
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
e ificatio
xI
ocu ents
•
It
Exhibit G-1 (a) Certification of Consultant
Exhibit G-I(b) Certification of City of Yakima
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the duly authorized representative of the firm of
whose address is 2707 Colby Avenue, Suite 900, Everett, WA 98201
and that neither the above firm nor I have:
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 AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Perteet, Inc.
Consultant (Firm Name)
Signature (Authorized Offi al of C)nsultant) Date
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-1(b) Certification of City of Yakima
I hereby certify that I am the:
EII6- 6'7e c'I
Ej Other
of the 6,/ry ,and
c.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) oPfaya,noykraigndre;eetxocpepata pay, to
oanyfirm, persstatedify
organization,person, or any fee, contribution, donation, or considerationsa
herebyexpresslyI acknowledge that this certificate is to be furnished to the OP" /,
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
Date
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility atters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of gaud 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 anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Perteet, Inc.
Consultant (Firm Name)
Signature (Authorized 0 cial of Consultant)
Date
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-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 any 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 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 $10,000.00, and not more than $100,000.00,
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 sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
Perteet, Inc.
Consultant (Firm Name)
Signature (Authorized Official :;Consultant)
Date
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit -4 Certificate of Current Cost or Pricin
1
ata
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of E. Nob Hill Blvd & S. Fair Ave Intersection * are accurate, complete, and current
as of December 20, 2022
44.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Perteet, Inc.
Vice President
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**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.
Agreement Number: 2143
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
NOT USED
Li.
•
:lit
I s r- c
X
it
I cre-se
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
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.
Agreement Number: 2143
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit 1
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine ifa consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of thealleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from.
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required,
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: 2143
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Step Forward Docurrrents to Local Progratrs
For federally funded projects all available information, including costs,, should be forwarded through the
Region Local Programs Engineer to LP 1`or their review and consultation with the FIWA. LP will meet
representatives of the agency and the consultant to review the alleged design errors, and attempt
uud a resolution to the issue. If necessary, 1. P will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scolc of work and costs
to reflect the agreed upon resolution. LP, in consultation with FI-tWA, wil identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: 2143
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Page 2 of 2
ons t t
it J
roce ' ures
Fhe purpose of this exhil. it is to describe a procedure regarding claim(s) on a consultant ag c rnen . The following;
procedures should only be utilized on consultant claims greater than $1,000. If the consultattt's cidim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
consultant determines that they were requested to perform additional services that were outside
agreement's scope of work, they may he entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
Alter the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: 2143
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). lithe project involves federal participation, obtain
concurrence from WSDar Local Programs and FHWA regarding final settlement of tile claim. lithe claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: 2143
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: January 3, 2023
Resolution authorizing an agreement with Perteet Inc for
professional services on the E. Nob Hill Boulevard and S. Fair
Avenue Intersection Improvements Project 2143
Scott Schafer, Director of Public Works
* Bill Preston, City Engineer - (509) 576-6754
SUMMARY EXPLANATION:
The E. Nob Hill Boulevard & S. Fair Avenue project includes preparation of a bid package for
improvements to the intersection of E. Nob Hill Boulevard and S. Fair Avenue. Elements of this
project will include details and plans for the roadway and intersection improvements, pedestrian
amenity improvements, including sidewalks, ADA curb ramps, APS push buttons, surveying and
basemapping, environmental permitting and documentation, utility coordination, geotechnical
investigations, drainage design, water main relocation design, signal and illumination design.
The project is funded by a federal Surface Transportation Program (STP) grant and the City of
Yakima for the design and construction.
Perteet Inc. was selected to prepare engineering plans and specifications for the E. Nob Hill
Boulevard and S. Fair Avenue intersection improvement project in the amount not to exceed
$281,924.00. The agreement has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Resolution 12/21/2022
Type
Resolution
2
D Consultant Agreement 12/21/2022 Contract
� Washington State
�I/ Department of Transportation
Supplemental Agreement Organization and Address
Number I Perteet,Inc.
Original Agreement Number 2707 Colby Avenue, Suite 900
Everett, WA 98201
2143
Phone: (425)252-7700
Project Number Execution Date Completion Date
Fed Aid#STPUS-4566(007) January 4,2023 December 31,2024
Project Title New Maximum Amount Payable
E. Nob Hill Blvd. &S. Fair Ave. Intersection Improvements 8358,437.00
Description of Work
See attached Exhibit A-1, Scope of Services
The Local Agency of City of Yakima
desires to supplement the agreement entered in to with Perteet, Inc.
and executed on January 4,2023 and identified as Agreement No. 2143
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
See attached Exhibit A-1, Scope of Services
I I
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: December 31,2024
III
Section V, PAYMENT, shall be amended as follows:
These additional services will cause an increase in the amount of 876,513.00 for a New Maximum Amount Payable of$358,437.00.
This Supplement will also incorporate WSDOT accepted ICR's FYE 2022 for Perteet and subconsultants.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Perteet,Inc By: City of Yakima
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063 1
Revised 09/2005 CITY CONTRACT NO:
RESOLUTION NO: P,- �3
City of Yakima Nob Hill and Fair Avenue Intersection Improvements
Exhibit "A"
Summary of Payments
Basic
Agreement Supplement# 1 Total
Direct Salary Cost $ 66,143 $ 21,844 $ 87,987
Overhead
(Including Payroll Additives) $ 120,726 $ 41,161 $ 161,887
Direct Non-Salary Costs $ 49,582 $ - $ 49,582
Fixed Fee $ 19,843 $ 6,553 $ 26,396
Management Reserve $ 25,629 $ 6,955 $ 32,584
Total $ 281,924 $ 76,513 $ 358,437
CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
SUPPLEMENT#1
Agreement with Perteet Inc. December 2023
EXHIBIT A-1
SUPPLEMENT #1 — SCOPE OF SERVICES
City of Yakima
E Nob Hill Boulevard and S Fair Avenue Intersection Improvements
City Project Number 2143
Federal Project Funding Number STPUS-4566(007)
INTRODUCTION
Under the E Nob Hill Boulevard and S Fair Avenue Intersection Improvements project,the City of Yakima (City) has
requested that Perteet(Consultant) prepare a supplement to provide professional services to perform work not
included within the original Scope of Services.
Additional design services to be provided by the Consultant includes the work to complete the design and PS&E for
the additional water main improvements The additional water main work will include project management,
stormwater design calculations and modifications as necessary to incorporate water main work under the roadway
footprint,additional utility coordination,additional curb,gutter, sidewalk,and pavement trenching design to
incorporate water main improvements under the roadway, preparation/incorporation of water main improvements
into the plans,estimate,and specifications (90%,100%, and Ad-Ready),one additional review submittal of the
added water main improvements,and additional bid support
Services provided by the Consultant will consist of
ADDITIONAL SCOPE OF SERVICES
The Scope of Services described below are the additional work elements to be accomplished by the Consultant as
summarized under each Task This scope consists of the following elements.
(The task numbers below correspond to the original Scope ofSerwces.)
Task 1—Project Management and Coordination (Supplemented)
Task 13—Water Main Management, Design,and PS&E (New Task)
The services are identified in the detailed Scope of Services below
SCOPE OF SERVICES DEFINED
Task 1 — Project Management and Coordination (Supplemented)
Effort associated with Project Management and Coordination for water main design in this supplemental agreement
is described and included in Subtask 13.1 of this Scope of Services.The following Project Management and
Coordination effort is included under this Task is associated with contract extension beyond the water main design
and following bid advertisement.
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CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS -
SUPPLEMENT 41
Agreement with Perteet Inc December 2023
1.1 Project Management and Coordination
The Consultant will coordinate with the City on a regular basis to keep the City's project manager informed about
project progress, project issues,budget,and schedule The Consultant will attend up to four(4) additional project
status meetings,virtual or in-person,with the City occurring as needed following bid advertisement.These meetings
under this work element will include the following assumptions and participation by the Consultant team
• The Consultant project manager and up to one(1)additional Consultant staff member will attend up to four
(4)project coordination meetings under this Task
• The Consultant will prepare agendas and meeting notes/action items and distribute to attendees
• Meetings between the Consultant team will be conducted under other scope tasks
If the City has a change in the City's project manager,the Consultant will meet with the new project manager,
provide a summary of design and progress,provide a summary of decisions made,and provide past deliverables to
date This effort is included in this task If changes to completed design efforts and/or Scope of Services are requested
due to the change in City's project manager,this will require a supplement to the Agreement.
Deliverables.
• Project Meeting Agendas for up to four(4)meetings and notes/action items
1.2 Progress Reports and Invoices
The Consultant will prepare monthly progress reports that describe the work elements that were accomplished during
a given month Progress reports will include a status of overall project budget,spent and remaining,and overall
percentage of project completion.The Consultant will submit these monthly progress reports to the City's Project
Manager with the monthly invoices The monthly invoices will bill by major tasks The Consultant Project Manager
will notify City's Project Manager,in writing (memo or e-mail format),of out of scope and/or budgetary issues that
are inconsistent with this Scope of Services.
Assumptions
• This contract duration shall be no longer than twelve(12)additional months
• The Consultant will prepare a maximum of eight(8)additional monthly invoices and progress reports under
this Task to document on-going utility and city coordination following bid advertisement Four(4) monthly
invoices and progress reports will be included under Task 13 1 to document progress towards and including
bid advertisement.
Deliverables
• Monthly Invoices and Progress Reports(maximum of eight [8] under this Task, PDF format)
Task 13 —Water Main Management, Design, and PS&E (New Task)
The Consultant will provide the following services as part of the additional water main improvements
13.1 Project Management and Coordination
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Agreement with Perteet Inc December 2023
Project Coordination
The Consultant will coordinate with the City on a regular basis to keep the City's project manager informed about
project progress, project issues,budget, and schedule The Consultant will attend up to four(4)additional monthly
status meetings,virtual or in-person,with the City to discuss status of incorporating water main replacement into the
project design and documents These meetings under this work element will include the following assumptions and
participation by the Consultant team:
• The Consultant project manager and up to one(1)additional Consultant staff member will attend up to four
(4)virtual monthly project coordination meetings under this Subtask.
• The Consultant will prepare agendas and meeting notes/action items and distribute to attendees
Deliverables
• Project Meeting Agendas for up to four(4)monthly meetings and notes/action items
Project Schedule, Budget,and Team Management
The Consultant will prepare a maximum of two(2)schedule updates to include the additional water main work.The
Consultant will also manage the Consultant budgets, monitor staff and subconsultants,manage change and
prepare amendments,and monitor work progress under this work element
Assumptions:
• Maximum of two project schedule updates will be prepared.
Deliverables•
• A maximum of two updates to the Project Schedule(PDF format)
Progress Reports and Invoices
As part of the project,the Consultant will prepare monthly progress reports that describe the work elements that were
accomplished during a given month Progress report will include a status of overall project budget,spent and
remaining,and overall percentage of project completion.The Consultant will submit these monthly progress reports
to the City's Project Manager with the monthly invoices The monthly invoices will bill by major tasks.The Consultant
Project Manager will notify City's Project Manager,in writing (memo or e-mail format),of out of scope and/or
budgetary issues that are inconsistent with this Scope of Services.
Deliverables
• Monthly Invoices and Progress Reports(maximum of four[4];PDF format)
13.2 Utility Coordination
The Consultant will provide additional coordination with the utility franchises and city utility departments as required
by the additional water main improvements It is anticipated that there will be approximately 32 additional utility
crossings between the new water main and existing and proposed utilities.
Utility Coordination
The Consultant will coordinate with the various public and private utilities along the corridor.Services provided by the
Consultant under this subtask will include
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CITY OF YAKIMA - NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS -
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Agreement with Perteet Inc December 2023
• Coordinate and attend up to one(1)virtual meeting with the City of Yakima Water Department(before
90%)and up to one (1)follow-up virtual meeting as needed (assume total of two [1] meetings).The
Consultant will prepare meeting agendas and notes
• Incorporate new utility crossings with the proposed water main alignment into the Utility Conflicts
Spreadsheet.Track potential utility conflicts and resolution of those conflicts throughout the project in the
spreadsheet This includes identification of pothole needs and documentation of which facilities shall be
relocated prior to,or during,construction
Assumptions
• The pre-90%meeting with the City of Yakima Water Department will be attended by up to three (3)
Consultant staff members and will take up to three (3)hours,including prep time and meeting
agenda/notes prep
• The follow-up meeting with the City of Yakima Water Department will be attended by up to three (3)
Consultant staff members and will take up to two (2)hours, including prep time and meeting agenda/notes
prep.
Deliverables
• Utility conflict and relocation spreadsheet-updated with additional water main improvements (electronic
copy)
• Agendas and meeting notes (assume two [2] meetings total)
• Separate half size utility plan/profile sheets with conflicts noted (with 90%and 100%submittals) (PDF
format)
Pothole Exploration
The Consultant will coordinate with the applicable utility franchises to perform additional potholing explorations
during the as a result of the added water main improvements.It is assumed that each utility franchise has an
Agreement with the City and will use a utility locate service or its own forces for potholing of their own facilities The
City may opt to pothole existing utilities with their own forces
Services provided by the Consultant under this subtask will include
• Identifying potential utility conflicts and pothole locations based on the 90%water plans(note potholing
will be accomplished by the utility franchises or designated utility locate service vendor).
• Manage pothole program on behalf of franchise utilities and City.The Consultant, along with the City,will
identify potholing needs,on the utility conflicts spreadsheet,and also by preparing an exhibit of potholing
locations Prepare and maintain the utility coordination log,utility conflict and potholing plans,utility conflict
and resolution matrix,and distribution of potholing results to utilities.
Assumptions
• Utility potholing will be provided by utility franchise agreement with the City,or by City staff.
• Pothole locations to be as agreed between Consultant and City
Deliverables.
• Utility information updated according to pothole results at the 90%design phase
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Agreement with Perteet Inc. December 2023
• Pothole location exhibits and results log
Relocation Coordination
The Consultant will coordinate with the franchise utilities regarding franchise utility relocation design and proposed
utility locations as required by the additional water main improvements,and provide the following limited services
• Coordinating with the franchise utility owner to relocate facilities(facility relocates provided by franchise
utility owner),assisting the City in identifying potential locations for franchise utilities to relocate to.The
Consultant will review the franchise utilities design and plans in an effort to confirm there may be no conflict
with other facilities and the proposed project work.
• Water main improvement design modifications as a result of potholing is included under Subtask 13.5.
Assumptions
• The redesign and/or relocation of franchise owned utilities Plans for construction will not be performed by
the Consultant,and relocation Plans prepared by the franchise utility will not be included in this project It is
assumed that franchise utilities will be responsible to design in detail and prepare Plans for relocation
construction and construction for those facilities shall occur under a separate construction contract These
services will be considered additional services by the Consultant and may be included as a supplement to
this Scope of Services
Deliverables•
• Any design changes to the proposed water main or storm drainage design required due to relocated utilities,
incorporated into PS&E documents
• Meeting notes
13.3 Storm Drainage Design
The Consultant will provide the following additional storm drainage design work elements.The additional water
main replacement work requires more full depth trench restoration areas, resulting in additional storm drainage
design assessment and calculations Effort associated with revisions to the plans,specifications,and opinion of
construction costs is included in other tasks of this Scope of Services.
Site Assessment and Mapping
The Consultant will update the maps identifying existing and proposed impervious areas to incorporate the
additional water main improvement restoration areas,including the TDA boundaries depicted on these maps.The
Consultant will also update the summary of area tables for pre-project and post-project conditions
Deliverables
• Existing Drainage Condition Maps(approximately four[4] 11"x17"sheets,to be updated and included in the
Drainage Report,detailed further below in Subtask 13.3)
• Downstream Routes/Upstream Areas Exhibit(one [1] ll"x17"sheet,to be updated and included in the
Drainage Report,detailed further below in Subtask 13 3)
• Existing Impervious Area Maps(approximately three [3]11"x17"sheets,to be updated and included in the
Drainage Report,detailed further below in Subtask 13.3)
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CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
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Agreement with Perteet Inc December 2023
• Proposed Impervious Area Maps(approximately three [3] 1l"x17"sheets,to be updated and included in the
Drainage Report,detailed further below in Subtask 13.3)
• Tables identifying the different types of impervious surfaces(to be updated and included in the Drainage
Report,detailed further below in Subtask 13 3)
Water Quality Treatment and Flow Control Calculations
The Consultant will update the sizing calculations for the proposed water quality treatment and flow control facilities
to account for the additional water main restoration areas
Deliverables
• Water Quality Treatment and Flow Control calculations(to be updated and included in the Drainage
Report,detailed further below in Subtask 13 3)
Conveyance Calculations
The Consultant will update the storm pipe conveyance capacity calculations for new storm drain conveyance systems
to account for the additional water main restoration areas within the project area limits as follows
• 90%Water PS&E Update the preliminary pipe sizing and backwater calculations,using Stormshed 3G or
an equivalent backwater calculation software program and the Rational Method.
Deliverables
• Conveyance Calculations(to be updated and included in the Drainage Report,detailed further below in
Subtask 13.3)
Drainage Report
The Consultant will update the draft(90%) Drainage Report to incorporate the redesigned elements that account
for the additional water main restoration areas The revised draft Drainage Report will include an updated written
assessment and summary of the surface water design features on the project,summary tables,flow control and water
quality treatment calculations,pipe capacity calculations, drainage basin maps,and supporting exhibits.
An independent QA/QC review of the draft Drainage Report will be conducted.The QA/QC review will be
conducted by senior staff
Deliverables
• Resubmittal of the Draft Drainage Report(an electronic copy in PDF)
13.4 90% Design & PS&E—Water Main Improvements
The Consultant will prepare water main improvement plans, specifications,and estimate per the City of Yakima
Engineering Standard Details and Specifications for the E Nob Hill Boulevard and S Fair Avenue Intersection
Improvements project.The water main improvements include replacing the water main within the intersection
improvement limits and service and hydrant connections,the necessary restoration of pavement,curb,gutter,
sidewalk,and landscaping, and revising the storm drainage plans,specifications,and opinion of costs.
The full corridor water main improvements are as identified in the plan sheet comments on the 90%design submittal
by Mike Shane (City of Yakima) received from the City on 11/15/2023
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CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
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Agreement with Perteet Inc December 2023
Work Elements
• The Consultant will develop the water main improvements to a 90%design level and submitted to the City
for review and comment prior to proceeding with progressing the project to the 100%design level.The 90%
water review submittal documents will include 90%plans,opinion of costs,and specifications and will
incorporate the comments mentioned above
• The Consultant will update the 90%design,plans,and opinion of costs for the roadway restoration to
include the additional trench areas needed for the water main improvements Updates will also include
modifications to the storm drainage plans and opinion of costs based on the effort included in Subtask 13.3.
• An internal Consultant quality assurance/quality control review of deliverables will be conducted,as well as
confirmation that comments received have been addressed.A record of comments received will be
maintained.Response to each comment received will be tracked to confirm that they have been addressed.
Assumptions
• It is assumed the 90%review comments will be minor in nature and not reflect any significant changes to
design.If there are significant changes to the design or Plans,this would be considered an additional service,
and a supplement to the Agreement would be required
• It is anticipated two additional plan sheets and two detail sheets will be required,totaling three(3)Water
Plan and Profile sheets and two(2)Water Details sheet.
• The water main design will not be required to meet seismic requirements
Deliverables
• Electronic copy of the 90%Water Plan and Profile and Water Details sheets in PDF format via email
• Electronic copy of the 90%opinion of cost summary in PDF format via email
• Electronic copy of the 90%Contract Provisions in Microsoft Word format via email
• Electronic copy of responses to the 90%comments from Mike Shane received on 11/15/2023 in PDF format
via email
13.5 100% Design & PS&E—Water Main Improvements
The Consultant will revise the 90%plans,specifications,and opinion of cost estimate based on the City's comments
on the 90%Water Main Improvements submittal documents and incorporate them into the 100%PS&E package,
included with Task 9 of the original Scope of Services.
Work Elements
• The Consultant will address applicable 90%review comments on the water main replacement PS&E and
make revisions as necessary,including to the trench restoration and storm drainage.
• The Consultant will update the project quantities and prepare a 100%opinion of construction costs based
upon the 100%water design and construction plans and current unit bid prices.
• The Consultant will update the Specifications based upon the 100%design and comments received.
• An internal Consultant quality assurance/quality control review of deliverables will be conducted,as well as
confirmation that comments received have been addressed.A record of comments received will be
maintained Response to each comment received will be tracked to confirm that they have been addressed
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CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
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Agreement with Perteet Inc December 2023
Assumptions.
• It is assumed the 100%review comments will be minor in nature and not reflect any significant changes to
design If there are significant changes to the design or Plans,this would be considered an additional service,
and a supplement to the Agreement would be required.
• Up to three(3) Consultant staff will attend one(1)comment review meeting held virtually.
• The Water Main Improvements will require a separate bid schedule in the opinion of cost
• The Plan sheets will be the same as those identified under the 90%design phase.
Deliverables
• Written responses to 90%water comments
• 100%Water Main Plan and Profile and Details included with Task 9 2 of the original Scope of Services
• 100%Water Main opinion of cost summary included with Task 9.3 of the original Scope of Services
• 100%Water Main Contract Specifications included with Task 9.4 of the original Scope of Services
13.6 Ad-Ready Contract Documents—Water Main Improvements
The Consultant will finalize the 100%Water Main plans, specifications,and opinion of cost estimate based on the
City's comments and WSDOT review comments and prepare Ad-Ready Contract Documents The Consultant will
provide WSDOT with a final set of bid documents for approval that incorporate the additional water main
improvements
Assumptions
• Prior to bid advertisement,the Consultant may make minor revisions to the Water Main Plans,
Specifications,and Opinion of Costs It is assumed that the water standards applying to this project will not
be changed
Deliverables
• Electronic copy of the Ad-Ready Water Main plans, half size (ll"x17") and full size (22"x34") signed plans
included with Task 10 of the original Scope of Services
• Electronic copy of the Water Main opinion of cost summary included with Task 10 of the original Scope of
Services
• Electronic copy of the Ad-Ready Water Main bid documents Contract Specifications included with Task 10 of
the original Scope of Services
• Written responses to the Water Main 100%review comments
13.7 Bid Support—Water Main Improvements
The Consultant will support the City during the bidding phase of the project The Consultant will respond to requests
for clarifications and prepare Addendums.The effort for the assistance during bidding is limited to the fee identified
in the fee schedule for this Subtask.
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CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
SUPPLEMENT#1
Agreement with Perteet Inc. December 2023
Provide Bid Clarifications
The Consultant will respond to Contractor questions about the water main improvements as requested by the City
during the bidding process The Consultant will provide clarifications to the City,which may include Plan sheet
revisions,Special Provision language,or information clarification.
Deliverables.
• Written clarifications to bid questions,including text and plan sheet revisions if applicable(e-mail format)
Addenda
The Consultant will assist the City with preparing materials to be included with up to one(1)Addendum for the water
main improvements,as required
Deliverables
• Electronic copy of up to one(1)Addendum for purposes of contract document distribution during bidding.
Conformed Construction Documents
The Consultant will modify the original water main bid documents to prepare a"Conformed for Construction"
project manual and plan set to be used during construction that will incorporate any issued addenda,and the final
completed contract portion of the agreement between the City and the Contractor, including a completed copy of
the bid proposal.
Deliverables:
• Electronic copy of the "Conformed for Construction" Water Main elements of the project manual to be
Included with Subtask 12.4 of the original Scope of Services
• Electronic copy of the"Conformed for Construction"Water Main plans in half-size and full-size to be included
with Subtask 12.4 of the original Scope of Services
Additional (Optional) Services
The Consultant may provide additional services as directed by the City which are not identified in this Scope of
Services.Additional services shall not commence without written authorization and approval from the City and a
supplement to the contract.
Services Not Included in this Scope of Services
1 Drainage design above what is described in this scope of services.
2 Preparation of Stormwater Pollution Prevention Plan (SWPPP).
3. Preparation of revisions and/or updates to the approved NEPA Documentation and supporting reports and
studies.
4. Grant assistance and support for design and/or construction funding.
Items to be furnished by the City
Information Provided by Others:
The Client shall furnish,at the Client's expense,all information,requirements,reports,data,surveys and instructions
required by this Agreement The Consultant may use such information,requirements,reports,data,surveys,and
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CITY OF YAKIMA — NOB HILL BOULEVARD AND FAIR AVENUE INTERSECTION IMPROVEMENTS —
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Agreement with Perteet Inc. December 2023
instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Further,the
Client agrees that the Consultant shall have no responsibility for any portion of the Project designed by other
consultants engaged by the Client.
The City shall furnish the following:
1 All available"As-Built"information,including for water main infrastructure and updated underground utility
information relative to the City owned utilities
2 Updated City of Yakima General Provisions for water main
Design Criteria
As of the date this Agreement is signed,design file,reports,documents,and plans prepared as part of this Scope of
Services,to the extent feasible,will be developed in accordance with the latest edition and amendments to the
following documents
1 Standard Specifications for Road,Bridge,and Municipal Construction,2024 English Edition,published
by WSDOT and the Washington State Chapter APWA
2 Final Rule for Pedestrian Facilities in the Public Right-of-Way,effective October 7,2023 (2023 PROWAG)
Changes in any design standards or requirements after services have begun may result in extra work,and require a
supplement to the Agreement
10
pERTEET
Exhibit D — Supplement No.
Consultant Fee Determination Summary
2707 Colby Avenue,Suite 900,Everett,WA 982011 P 425.252.7700
Project Yakima-Nob Hill and Fair Avenue Intersection Improvements-Supplement 1 (Water)
Client City of Yakima
Hourly Costs Plus Fixed Fee Estimate
Classification Hours Rate Amount
Director 22.00 93 01 $2,046
Sr.Associate 1 00 85 00 $85
Sr.Engineer/Mgr 49 00 66 00 $3,234
Sr.Engineer/Mgr 4.00 77.00 $308
Lead Engineer/Mgr 10 00 54 00 $540
Engineer III 134 00 49 00 $6,566
Engineer Ill 30.00 49.00 $1,470
Civil Designer II 11.00 39.00 $429
Civil Designer II 34.00 42.00 $1,428
Lead Technician/Designer 16 00 55 00 $880
Technician III 104 00 41 50 $4,316
Accountant 12 00 4515 $542
Total Direct Salary Costs 427.00 $21,844
Overhead @ 188.43% $41,161
Fixed Fee @ 30 00% $6,553
Total Labor Costs $69,558
Subconsultants
Subconsultants Cost Markup Amount
Total Subconsultants $0
Other
Management Reserve $6,955.00
Total Other Costs $6,955.00
CONTRACT TOTAL $76,513.00
Rates shown reflect the typical compensation rate of employees assigned to the billing category listed Each category may have
multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee
compensation is subject to adjustment in June of each calendar year.
Prepared By Russell D Craven Date December 1,2023
Washington State Development Division
VI Department of Transportation Contract Services Office
PO Box 47408
Olympia.WA 98504-7408
7345 Linderson Way SW
Tumwater.WA 98501-6504
TTY:1-800-833-6388
www.wsdot wa gov
August 30, 2023
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Subject: Acceptance FYE 2022 ICR—CPA Report
Dear Denice M. Moan:
We have accepted your firms FYE 2022 Indirect Cost Rate(ICR)of 188.43%of direct labor
(rate includes 0.23% Facilities Capital Cost of Money) based on the "Independent CPA
Report,"prepared by Stambaugh Ness. This rate will be applicable for WSDOT Agreements
and Local Agency Contracts in Washington only. This rate may be subject to additional
review if considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on
the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible
for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates(&wsdot.wa.gov.
Regards,
SchcWe Ufa-ve
Schat,:�:_ :_, ,ey (Sep 1, 2023 05:5i
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:leg
1,7411i
Washington State Development Division
�// Department of Transportation Contract Services Office
P P PO Box 47408
Olympia.WA 98504-7408
7345 Linderson Way SW
Tumwater.WA 98501-6504
TTY:1-800-833-6388
wwwwsdot wa gov
August 29, 2023
HWA GeoSciences, Inc.
21312 30th Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2022 ICR—CPA Report
Dear Vasiliy P. Babko:
We have accepted your firms FYE 2022 Indirect Cost Rate(ICR)of 190.07%of direct labor
(rate includes 0.60% Facilities Capital Cost of Money) based on the "Independent CPA
Report," prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements
and Local Agency Contracts in Washington only. This rate may be subject to additional
review if considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on
the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible
for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantratesnn wsdot.wa.gov.
Regards,
Schazie ffaive
Hug 30,2C
y
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:leg
jugWashington State Transportation Building
Department of Transportation 310 Maple Park Avenue S.E.
PO.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY. 1-800-833-6388
www.wsdot.wa gov
February 9,2022
Joshua Velazquez,Owner
OverSite, LLC
6 1st Street
Wenatchee, WA 98801-2247
• Re: OverSite, LLC
Safe Harbor Indirect Cost Rate
Dear Mr. Velazquez:
Washington State has received approval from our local Federal Highway Administration(FHWA)
Division to continue administering the"safe harbor" indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for OverSite, LLC. We conducted our assessment based on the
documentation provided by the firm. The reviewed data included,but was not limited to,a description
of the company, basis of accounting,accounting system and the basis of indirect costs. Based on our
review,your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate,
rather than provide a FAR-compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 110%of direct labor with a field rate, where
applicable,of 80%of direct labor for OverSite. The Safe Harbor rate is effective on February 9, 2022.
OverSite has agreed to improve Internal Controls and timekeeping processes to be able to develop an
Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations(FAR),
Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs
and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80%for field office
situations, for agreements entered prior to February 9,2025. For agreements entered after this date,
please contact the WSDOT Consultant Services Office(CSO)or our office for guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at(360)705-7003.
Sincerely,
Schatzie , CPA v/f
y
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Larry Schofield, MS 47323
File
CERTIFICATION OF FINAL INDIRECT COSTS—FOR A SAFE HARBOR INDIRECT COST RATE
Firm Name: OverSite LLC
I, the undersigned, certify that I have reviewed the proposal to establish the Safe Harbor rate.
The firm is electing to use the SAFE HARBOR INDIRECT COST RATE of 110%of direct labor with a
field rate, when applicable, of 80%of direct labor. To the best of my knowledge and belief
a) The firm has not had a FAR compliant indirect cost rate previously accepted by any other state
agency.
b) The firm will provide reports as required by the SAFE HARBOR RATE program on their
progress toward compliance with the cost principles of the Federal Acquisition Regulations
(FAR) of title 48, Code of Federal Regulations (CFR),part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization
and prior& current indirect cost rates have been disclosed.
The firm agrees to follow the 'Path to Compliance". Steps noted below:
The Pathway must include.
• A timekeeping system which includes the Internal Controls described in chapter 6 ofAASHTO
• An accounting system which separates indirect costs and direct costs
• An accounting system which separates allowable and unallowable cost
• A compliant job cost system which is general ledger driven
• Training for accounting personnel and key management on Part 31 of the Federal Acquisition Regulations,
Contract Cost Principles and Procedures
• A strong written internal control policy with a policy and procedures manual
*Signature: Eityyri
*Name of Certifying Official (Print): Joshua Velazquez
*Title: Owner
Date of Certification(mm/dd/yyyy): 01/28/2022
*Note: This form is to be completed by an individual executive or financial officer of the consultant at a
level no lower than a Vice President or Chief Financial Officer,or equivalent,who has the authority to
represent the financial information utilized to establish the indirect cost rate proposal submitted in
conjunction with the agreement.