HomeMy WebLinkAbout02/03/2009 11 Nob Hill Boulevard Improvements Project Consulting Agreement with Huibregtse, Louman Associates, Inc. BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1/
For Meeting of February 3, 2009
ITEM TITLE: A Resolution authorizing and directing the City Manager to
execute a consultant agreement for professional services
with Huibregtse, Louman Associates, Inc., (HLA), for the
development of the design for the Nob Hill Boulevard
Improvements project, along with the authority to execute
other such documents that may be deemed necessary and
prudent for the completion of this project
SUBMITTED BY: William Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer 576 -6678
• SUMMARY EXPLANATION:
In 2001, the City entered into a development agreement with Congdon Orchards. The
Development Agreement provided planning principles, development standards and
procedures to help guide the orderly development of the then "newly annexed" Congdon
property. Part of this agreement requires the City to widen Nob Hill Boulevard, adjacent
to the Congdon property, to five lanes when funding becomes available.
The City recently submitted its list of "stimulus package" projects to the governor. One
of the projects on this list is the Nob Hill Boulevard Improvements project from 49
Avenue to 72 Avenue. In order to be eligible for any "stimulus package" funds, the
project would need to be ready to go to bid by July 31, 2009. To do this, the City needs
(Continued on page 2)
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Arterial Streets Capital Improvement Fund 142, 2008 LTGO Bond
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Adopt the resolution
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
• COUNCIL ACTION:
Page 2
to fast track the design and the only feasible way of doing this is by hiring a consulting
firm. We interviewed several firms and HLA scored the highest, and assured us that
they have the personnel and resources available to complete this project by the required
deadline.
Also, the City recently submitted a Transportation Improvement Board (TIB) application
for this project. Although not selected, it only missed the funding line by three points. If
not selected as a "stimulus package" project, we will again submit an application for this
project during the next TIB call for projects (August 2009). Projects that have been
designed and are ready to go to bid receive four bonus points. To be eligible to use the
Wal -Mart improvements to the road as a match for a grant, the improvements need to be
constructed within the next two years. For this reason, it is imperative that the City take
as many steps as possible to ensure success in obtaining a grant. The estimated total
cost for construction of this project, including a sanitary sewer pipe is about $3,000,000.
Under the proposed agreement, HLA will complete the environmental documentation,
right of way plan, right of way acquisition and construction drawings for the
aforementioned roadway section. While negotiations of the final scope of work are not
yet complete, the contract amount for the work to be done by HLA will not exceed
$350,000.
Last year, the City obtained an Limited Tax General Obligation Bond, of which
$2,180,000 was to be used for certain capital improvement projects, including the 3rd
•
Avenue Grind and Overlay project and three Pedestrian Crossing Signals. Due to the
favorable bidding climate of last year, there is enough money left in the bond to pay for
the design of this Nob Hill Improvements project.
S
• RESOLUTION NO. R — 2009 -
A RESOLUTION authorizing and directing the City Manager to execute a consultant
agreement for professional services with Huibregtse, Louman
Associates, Inc. (Consultant) and also authorizing the City
Manager to execute any additional contracts or agreements that
may become necessary and prudent for the completion of the Nob
Hill Boulevard Improvements project.
WHEREAS, the City of Yakima is required by the Congdon Development
Agreement to pursue all available funding for the improvements to the section of
Nob Hill Boulevard located between 49 Avenue and 72 Avneue; and,
WHEREAS, the City of Yakima desires to be eligible to receive potential
"stimulus" funds as well as to put itself in a better position to be selected to receive
a future TIB grant for the Nob Hill Boulevard Improvements project; and,
WHEREAS, to be eligible to receive potential "stimulus" funds, the project
must be add ready by July 31, 2009, and this design work is necessary to meet
that requirement; and,
WHEREAS, the City of Yakima desires to engage the Consultant to develop
the environmental documentation, right of way plans and construction plans for the
Nob Hill Boulevard Improvements project; and,
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WHEREAS, the Consultant has the experience and expertise
necessary to provide said design services and will provide these services in
accordance with the terms and conditions that will be stated in a forthcoming
Agreement similar to the Agreement contained within this agenda item; and,
WHEREAS, the City Council has determined that it is in the best
interest of the City to enter into a professional services agreement with a
consultant selected for such expertise; and,
WHEREAS, the City Council further deems it to be in the best interest
of the City of Yakima to authorize the City Manager to execute any additional
contracts or agreements that may become necessary and prudent for the
completion of the Nob Hill Boulevard Improvements project; Now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager is hereby authorized and directed to execute a
consultant agreement with Huibregtse Louman Associates, Inc. for professional
services required for the design of the Nob Hill Boulevard Improvements
project, said professional services agreement to be provided upon completion
of final scope of work, but expected to be similar with the attached agreement ,
in
• - a total contract amount not to exceed Three Hundred Fifty Thousand Dollars
($350,000).
The City Manager is further authorized to execute any additional
411
contracts or agreements that may become necessary and prudent for the
completion of the Nob Hill Boulevard Improvements project.
ADOPTED BY THE CITY COUNCIL this 3r day of February, 2009.
David Edler, Mayor
ATTEST:
City Clerk
•
y .
Local Agency Consultant/Address /Telephone
• Huibregtse, Louman Associates, Inc.
S tandard Consultant 801 N. 39th Avenue.
Agreement Yakima, WA 98902
Phone: (509) 966 -7000
® Architectural /Engineering Agreement FAX: (509) 965 - 3800 ■
❑ Personal Services Agreement
Agreement Number
(09024) Project Title And Work Description
Federal Aid Number NOB HILL BOULEVARD - 49th Ave To 72nd Ave.
Design, PS &E for widening and reconstruction of
approx. 1.3 miles of arterial street including excavation,
Agreement Type (Choose one) crushed rock, HMA pavement, curbs, sidewalks,
❑ Lump Sum drainage, illumination and sanitary sewer main
Lump Sum Amount $
improvements.
■ Cost Plus Fixed Fee
Overhead Progress Payment Rate 179.06 %
Overhead Cost Method DBE Participation
❑ Actual Cost
El Yes ® No %
Federal ID Number or Social Security Number
❑ Actual Cost Not To Exceed %
91-1237188
❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date
• Fixed Fee $ 33,752.95 ❑ Yes ►Z� No June 1, 2009
❑ Specific Rates Of Pay Total Amount Authorized $ 333,870.04
❑ Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work Maximum Amount Payable $ 333,870.04
Index of Exhibits (Check all that apply):
►1 Exhibit A -1 Scope of Work ❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit A -2 Task Order Agreement . ❑ Exhibit G -3 Sub Overhead Cost
❑ Exhibit B -1 DBE Utilization Certification ® Exhibit H Title VI Assurances
® Exhibit C Electronic Exchange of Data ► '*I Exhibit I Payment Upon Termination of Agreement
❑ Exhibit D -1 Payment - Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit D -2 Payment - Cost Plus , ® Exhibit K Consultant Claim Procedures
❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit L Liability Insurance Increase
❑ Exhibit D -4 Payment - Provisional ® Exhibit M -la Consultant Certification
® Exhibit E -1 Fee - Lump/Fixed/Unit 0 Exhibit M -lb Agency Official Certification
❑ Exhibit E -2 Fee - Specific Rates ® Exhibit M -2 Certification - Primary
® Exhibit F Overhead Cost ® Exhibit M -3 Lobbying. Certification
J Exhibit G Subcontracted Work ❑ Exhibit M -4 Pricing Data Certification
❑ Exhibit G -1 Subconsultant Fee . , ® App. 31.910 Supplemental Signature Page
• THIS AGREEMENT, made and entered into this day of ,
between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of 8
Revised 3/2008
CITY OF YAKIMA — NOB HILL BOULEVARD
South 49 Avenue to South 72n Avenue
EXHIBIT A -1
HUIBREGTSE, LOUMAN ASSOCIATES, INC. - PRIME CONSULTANT
SCOPE OF WORK
The City of Yakima (AGENCY) desires to improve NOB HILL BOULEVARD from South 49 Avenue
(approximate) to South 72 Avenue (approximate). The project includes reconstructing this arterial
street including hot mix asphalt, curbs, sidewalks, drainage, retaining walls, illumination, pavement
markings, new sanitary sewer main, and adjustment of utilities.
Plans, specifications, and contract documents, to the extent feasible, shall be developed in
accordance with the latest edition and amendments of the following:
• Washington State Department of Transportation /American Public Works Associa-
tion, "Standard Specifications for Road, Bridge, and Municipal Construction."
• Washington State Department of Transportation, "Standard Plans for Road and
Bridge Construction."
• Washington State Department of Transportation, "Highway Design Manual."
• FHWA and Washington State Department of Transportation, "Manual on Uniform
9 P
Traffic Control Devices for Streets and Highways."
The AGENCY shall provide support services to the CONSULTANT as described in the following
text. The CONSULTANT will cooperate and coordinate with the AGENCY in Yakima, Washington,
to facilitate the project.
Assumptions:
• All calculations, analyses, design, plans, specifications, and other project work will
be prepared in English units. The use of metric units for any aspect of the work will
not be required.
• This scope of work is premised on a notice -to- proceed date of approximately
February 3, 2009, with a 4 -month project duration for design, environmental review,
and permitting activities. Subject to review and approval times of regulatory
agencies.
• AGENCY will provide bidding services such as printing and distributing of bid
documents, answering questions during bidding or directing questions to the
CONSULTANT. CONSULTANT will provide bidding services such as answering
questions, preparation of addendum(s), attend bid opening, review of bids, prepare
bid summary, and make recommendation of construction contract award.
Construction Engineering services such as construction staking, submittal drawing
review, field observations, and contract document interpretation and clarification are
not included in this Agreement. CONSULTANT will prepare Supplemental
Agreements for these services upon request of AGENCY.
YAKIMA NOB HILL AGREEMENT A -1 1
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• All drawings will be produced using AutoCAD computer aided drafting software.
• The scope of engineering services and associated labor and expenses contained
herein have been prepared by CONSULTANT and are representative of tasks for
major arterial design projects. It is understood and agreed that tasks may be added
or deleted from the scope of services by mutual agreement of the AGENCY and
CONSULTANT.
• The labor and expense estimates and drawing list contained herein assume that one
bid package will be prepared for the street and sewer work items on this project.
An outline of the work tasks follows:
1. PROJECT MANAGEMENT SERVICES
1.1 Coordinate design team to ensure that the work is completed on schedule, is
technically competent, and meets the AGENCY's needs and expectations. The
project manager will provide overall project management for all work elements,
including coordination with the AGENCY and subconsultants.
1.2 Attend up to two (2) public meetings or open houses in support of the AGENCY to
address technical aspects of the work related to scope, design, and schedule of the
® project.
1.3 Provide assistance for project updates and related administrative documents to the
agencies which have jurisdiction over funding, design, and construction of this
project.
1.4 Provide municipal accounting /financial services assistance for Federal and State
grant and loan fund administration related to this project.
1.5 Provide municipal accounting /financial services assistance in preparing grant and
loan fund reimbursement requests to the, appropriate Federal and State Agencies.
1.6 Provide municipal accounting /financial services assistance for tracking of project
costs and revenues for the multiple Federal, State, and local funding sources for this
project.
2. PRELIMINARY SURVEY FOR DESIGN AND RIGHT OF WAY PURPOSES
The CONSULTANT shall provide the following survey items:
2.1 Control survey
2.2 Basemap of existing ground and features
2.3 Plan and profile sheets with horizontal and vertical alignment
2.4 Cross - sections at 50' intervals
YAKIMA NOB HILL AGREEMENT A -1 2
2.5 Project bench marks
2.6 Project datum
3. RIGHT OF WAY PLANS
3.1 The CONSULTANT will prepare right of way plans.
The right of way plans will be prepared in accordance with the AGENCY's standards
and under the supervision of a professional land surveyor. The right of way plans
will include the following:
• Assessor's parcel number
• Parcel owner's name
• Existing area of parcel
• Area of land to be acquired
• Remaining area of parcel
• Existing road right of way
• Basic section subdivision data
• Proposed road right of way.
The CONSULTANT shall be responsible for obtaining and paying for title reports.
3.2 Submit the Final Right of Way Plans to the AGENCY.
The CONSULTANT shall submit the final documents of the Right of Way Plans to
the AGENCY as follows:
• Final Right of Way Plans (11 x 17 size)
• Final Right of Way Plans (22 x 34 size)
• Legal descriptions for area of land to be acquired
• 8 -1/2" x 11" exhibit map of each parcel showing area of land to be acquired
4. ENVIRONMENTAL REVIEW AND PERMITTING
4.1 This scope of work is for assistance by the CONSULTANT for the preparation of
environmental documents in support of a Documented Categorical Exclusion (DCE)
in compliance with National Environmental Policy Act (NEPA) requirements. Such
assistance may include, but is not limited to, a Biological Assessment in compliance
with the Endangered Species Act, and a Section 106 Report in compliance with
Section 106 of the National Historic Preservation Act, supporting documentation for
the DCE, and the preparation of applications for environmental permits required for
project construction.
4.2 A draft ECS form, as provided by the AGENCY, will be reviewed by the
CONSULTANT and supplemented by the CONSULTANT as required. The ECS is
reviewed by WSDOT and FHWA for use in approval of the project as a DCE. The
content of this document will be based upon information to be provided by the
AGENCY (e.g., planning documents) and on supplemental studies done to provide
supporting documentation. After comments have been received and the appropriate
revisions made, this document will be finalized and published for distribution, along
with the supporting documentation.
YAKIMA NOB HILL AGREEMENT A -1 3
4.3 CONSULTANT will develop Area of Probable Effects letter to be included in the
® environmental documentation.
5. DESIGN ENGINEERING - PRELIMINARY
All preliminary engineering drawings shall be half -size blackline prints.
5.1 Engineering Site Reconnaissance
The CONSULTANT will conduct a visual site examination to identify the existing
characteristics and design objectives. The AGENCY representatives shall partici-
pate in the site visit and share relevant project information and concerns.
5.2 Coordination with Nob Hill Plans prepared by Wal -Mart
The AGENCY will provide the CONSULTANT with the latest plans for the
improvements to Nob Hill Boulevard within the project limits that have been
prepared by Wal -Mart's engineering consultant and approved by the AGENCY. The
CONSULTANT will design the remaining Nob Hill Boulevard improvements that will
complete the roadway to the desired standards as set forth in the AGENCY'S initial
request for Statement of Qualifications.
5.3 Utility Coordination
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The CONSULTANT will coordinate with the affected utility agencies regarding
design elements of the project. This work shall include contacting the utility agency
representatives to coordinate the design of the street improvements to
accommodate existing utility system facilities and proposed improvements. Identify
existing or potential conflicts between new design and existing private utilities.
Contact each utility involved and coordinate resolution of conflicts.
5.4 Prepare Drainage Analysis .
A. Drainage analysis for 25 -year storm, with drainage facility design utilizing
surface infiltration as the preferred treatment and disposal process and
subsurface infiltration, catch basins, storm drains, and culverts within the
project limits where needed. All drainage analysis and design shall comply
with the WSDOE Eastern Washington Storm Water Manual (September
2004).
B. Storm water runoff routes from the project limits to the discharge points will
be analyzed for capacity per the above criteria.
C. A copy of the drainage analysis shall be provided to the AGENCY for review
and approval. ,
D. If subsurface infiltration (UIC). is used, CONSULTANT will complete the
• registration forms and submit to the WSDOE.
5.5 Prepare Sanitary Sewer Design
YAKIMA NOB HILL AGREEMENT A -1 4
A. Meet with AGENCY to determine extent of new sanitary sewer main
improvements, new lateral locations and service lines.
B. Review existing and proposed underground utility locations and determine
horizontal sanitary sewer alignment.
C. Review preliminary road profiles and determine vertical alignment for new
sanitary sewer main.
5.6 Prepare Preliminary Street and Storm Drainage Design
The CONSULTANT will prepare the following preliminary design drawings.
A. Cover Sheet
• Project title and project number
• Vicinity map
• Drawing index
• Legend
B. Typical Roadway Sections
• Right of way dimensions (proposed)
• Cut and fill slope notations
• Pavement layer types and depth
C. Plan and Profile
The plans will include:
• The base mapping
• Right of way and construction centerline
• Proposed right of way
• Cut and fill slope limits
• Curve and alignment data
• Project title and number
• Construction notes
• General notes
• Proposed drainage features (swales, pipes, culverts)
• Driveways
• Retaining walls
• New Sanitary Sewer main with Manholes and Laterals
• Illumination
The profiles will include:
• Existing ground centerline profile
• Proposed roadway construction profiles from the Wal -Mart plans
• Profile grid
• Existing utility profiles from available record drawings and surveys
• Datum
a. Plan portion scale 1" = 20' horizontal
YAKIMA NOB HILL AGREEMENT A -1 5
b. The vertical scale shall be no less than 1" = 10'.
• New Sanitary Sewer main and Manholes
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Note: Drawing scale may be adjusted to meet project requirements with
approval of AGENCY.
D. Miscellaneous details
• Detailed plans of retainage structures
• Detailed plans of drainage structures
• Miscellaneous details as required
• City of Yakima Standard Details
5.7 Cost Estimate
The CONSULTANT will prepare estimates of probable construction costs based on
the preliminary design. The AGENCY shall provide the CONSULTANT with
tabulations of recent unit bid prices for similar work within the AGENCY. The
estimate will include contingencies to reflect the preliminary status of the design.
5.8 Field Review Design
The CONSULTANT will examine the project site to verify the preliminary design
drawings. The examination will include checks for accuracy, constructability, and
conflicts. The drawings will be revised as necessary to correct observed
deficiencies, errors, and conflicts.
5.9 Quality Control Review
The CONSULTANT shall conduct quality control reviews by senior staff members
with appropriate experience and expertise. In the review, the staff shall scrutinize
the major elements of the design for adequacy of response to the major design
challenges and conformance to accepted design practice.
5.10 Preliminary Design
The CONSULTANT will submit three half -size sets of blackline prints to the
AGENCY. AGENCY shall be allowed two weeks for its review. The AGENCY will
consolidate staff review comments on one set of prints and documents. The
CONSULTANT will discuss the documents with the AGENCY and respond to the -
AGENCY'S review comments.
•
YAKIMA NOB HILL AGREEMENT A -1 6
6. DESIGN ENGINEERING — FINAL
The final design will be based on the AGENCY'S approved preliminary engineering design.
All final engineering drawings shall be half -sized blackline prints.
6.1 Prepare Final Street and Storm Drainage Design
The CONSULTANT will finalize the following drawings:
A. Cover Sheet
• Project title and project number
• Vicinity map
• Drawing index
• Legend
B. Typical Roadway Sections
• Right of way dimensions (proposed)
• Cut and fill slope notations
• Pavement layer types and depth
C. Plan and Profile
The plans will include:
• The base mapping
• Proposed right of way, easements, and property lines
• Right of way and construction centerline
• Cut and fill slope limits
• Construction notes
• General notes
• Datum
• Project benchmarks
• Curve and alignment data
• Drainage features (swales, pipes, culverts)
• Retaining walls
• New Sanitary Sewer main with Manholes and Laterals
• Illumination
The profiles shall include:
• Existing ground -line profile
• Proposed roadway construction profiles
• Profile grid
• Storm drain system construction notes
• Existing utility profiles
a. Plan portion scale 1" = 20' horizontal
b. The vertical scale shall be no less than 1" = 10'.
• New Sanitary Sewer main with Manholes and Laterals
Note: Drawing scale may be adjusted to meet project requirements with
approval of AGENCY.
YAKIMA NOB HILL AGREEMENT A -1 7
D. Pavement Marking Plans
•
• Pavement striping and markings
• Dimensions of lanes and shoulders
• Details
• Construction notes
• General notes
• Horizontal scale 1" = 40'.
E. Miscellaneous details
• Details of retainage structures
• Detailed plans of drainage structure.
• Miscellaneous details as required
• City of Yakima Standard Details
• Details for illumination
6.2 The CONSULTANT will prepare Cross Section Drawings at 50 -foot engineering
stationing intervals, and all major physical features.
• Horizontal scale 1" = 10'
• • Vertical scale 1" = 5'
•
6.3 Prepare the final non - standard special provisions.
The CONSULTANT will prepare Contract Documents based on the 2008 Washing-
ton State Department of Transportation /American Public Works Association
Standard Specifications for Road, Bridge, and Municipal Construction and the latest
City of Yakima General Conditions and Special Provisions. Contract Documents
shall include:
• Bidding Requirements
• Amendments to the Standard Specifications
• Contract Documents
• Wage Rates
• Non - Standard Special Provisions
• 1 /2 Size Plans.
The AGENCY will provide the following to the CONSULTANT to include in the above
Contract Documents:
• Construction Contract form
• Contract Bond form
• Insurance Requirements.
• General Conditions
• Special Provisions
• Special MBE Requirements.
YAKIMA NOB HILL AGREEMENT A -1 8
6.4 Cost Estimate
0 The CONSULTANT will prepare estimates of probable construction costs based on
the final design.
6.5 Quality Control Review
The CONSULTANT shall conduct quality control reviews by senior staff members
with appropriate experience and expertise. In the review, the staff shall scrutinize
the details of the key aspects of the design for conformance to accepted design
practice.
6.6 Progress Submittals
The CONSULTANT will submit design drawings, specifications, and cost estimate at
90 percent completion. The CONSULTANT will submit three half -size sets of
blackline prints to the AGENCY. The AGENCY shall be allowed one week for its
review. The AGENCY will consolidate staff review comments on one set of prints
and documents. The CONSULTANT will discuss the documents with the AGENCY
and respond to the AGENCY's review comments.
6.7 Finalize PS &E
The CONSULTANT shall finalize the plans, specifications, estimate, and Contract
Documents for the project in response to the AGENCY comments. The
CONSULTANT shall make such minor changes, amendments, or revisions in the
detail of the work as may be required by the AGENCY's review comments.
6.8 Submit the Final PS &E to the AGENCY
The CONSULTANT shall submit one reproducible copy of the plans, specifications,
and Contract Documents to the AGENCY ready for bid advertisement.
DESIGN, PS &E DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
4 copies of right of way plans
1 copy of each title report
1 set of final Plans, Specifications, and Contract Documents for bidding by the AGENCY
1 copy of Engineer's Opinion of Construction Cost
1 copy of Survey Field Notes
1 copy of Engineering Calculations
ill
YAKIMA NOB HILL AGREEMENT A -1 9
Exhibit E -1
III Consultant Fee Determination - Summary Sheet •
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: NOB HILL BOULEVARD - 49th Ave To 72nd Ave.
Direct Salary Cost (DSC): •
Classification Man Hours Rate = = Cost
Principal Engineer 800.0 X 39.04 $ 31,232.00
Professional Engineer 700.0 X 37.75 26,425.00
Project Engineer 300.0 X 27.00 8,100.00 .
. Licensed Land Surveyor 160.0 X 36.75 5,880.00 .
CAD Technician 800.0 X . 18.60 14,880.00
Senior Engineering Tech. 160.0 X 29.50 4,720.00
0 Word Processing Tech. . 100.0 X 18.00 1,800.00
Survey Party Chief 80.0 X 25.50 2,040.00
Survey Technician • 80.0 X 17.00 1,360.00
. Total DSC = $ 96,437.00
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 179.06 % x $ 96,437.00 172,680:09
Fixed Fee (FF):
FF Rate x DSC of 35 ' % x $ 96,437.00 33,752.95
Reimbursables: .
Itemized 1,000.00
Subconsultant Costs (See Exhibit G): 30,000.00
Grand Total 333,870.04
® Prepared By: . Date:
DOT Form 140 -089 EF Exhibit E -1
. Revised 6/05
Huibregtse Louman Associates, Inc.
Breakdown of Overhead Cost
EXHIBIT F •
Indirect Labor 17.73%
Bonuses 26.86%
FICA 9.66%
Other Taxes 69.73%
Insurance 12.71%
Expenses 2.54%
Business Equipment Maintenance 3.36%
Office Supplies 8.04%
Field Supplies 1.08%
Vehicle Maintenance 0.41%
Vehicle Fuel 0.78%
Office Rent 10.66%
Telephone 1.96%
Utilities - 0.48% .
Dues & Professional Fees • 0.38%
Publications & Documents 0.19%
Depreciation 10.71%
- Accounting Fees 0.17%
Miscellaneous 1.61%
Total Overhead 179.06%
Note: These overhead rates per Report of External Audit (No. 00-022) by the
Washington State Department of Transportation in October 2000.
Exhibit H
• Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
_ discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non- compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant -
• (Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments . previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
0 A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
'termination of this AGREEMENT.
•
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager -
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment._
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
• further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA: H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
•
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write •
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
•
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
• Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
•
Exhibit M -1(a)
Certification Of Consultant
Project No. 09024
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of Huibregtse, Louman Associates, Inc. whose address is
801 N. 39th Avenue, Yakima, WA 98902 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
- Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Yakima
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
11111
•
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05