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HomeMy WebLinkAboutR-2005-102 Huibregtse Louman Associates AgreementRESOLUTION NO. R 2005 -102 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement between the City of Yakima and Huibregtse Louman Associates for design, engineering, and construction management services for the North Front Street Historic District and Yakima Avenue Pedestrian Corridor Improvements and all subsequent agreements and amendments, applications and other documents related to the successful furtherance of these projects. WHEREAS, the North Front Street Historic District and the Yakima Avenue Pedestrian Corridor are vital components of the City of Yakima and are integral to the promotion of residential and economic development and tourism in the downtown Yakima area; and WHEREAS, the City desires to see the continued re -development and improvement of the North Front Street Historic District and Yakima Avenue Pedestrian Corridor; and WHEREAS, the City has received grant funds totaling $4,790,000.00 for the renovation and improvement of the public walkways around the North Front Street Historic District and along the Yakima Avenue Pedestrian Corridor; and WHEREAS, the City of Yakima requires professional services for the design, engineering and construction management of the renovation and improvement of the public walkways around the North Front Street Historic District and along the Yakima Avenue Pedestrian Corridor; and WHEREAS, Huibregtse Louman Associates has been selected from a pool of qualified firms as having the necessary experience and expertise, and being the most qualified, to provide design, engineering and construction management services for the renovation and improvement of the public walkways around the North Front Street Historic District and along the Yakima Avenue Pedestrian Corridor; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of a professional services agreement between the City of Yakima and Huibregtse Louman Associates in an amount not to exceed without -1- prior approval $1,101,700.00 for the provision of design, engineering and construction management services for the renovation and improvement of the public walkways around the North Front Street Historic District and along the Yakima Avenue Pedestrian Corridor, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement in a form substantially similar to the attached "PROFESSIONAL SERVICES AGREEMENT" with Huibregtse Louman Associates for the provision of design, engineering and construction management services for the renovation and improvement of the public walkways around the North Front Street Historic District and along the Yakima Avenue Pedestrian Corridor and all subsequent agreements and amendments, applications and other documents related to the successful furtherance of these projects. ADOPTED BY THE CITY COUNCIL this 28th day of June, 2005. (-2141 A 1"1'EST: Paul P. George, Mayor / .-+, 2 City Clerk -2- AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this I — day of -3-6 j , 2005, by and between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39th Avenue, Yakima, WA 98902, which corporation and its principal engineers performing this Agreement are licensed and registered to do business in the State of Washington, hereinafter referred to as "ENGINEER," for the YAKIMA DOWNTOWN FUTURES INITIATIVE PHASE 1, including the North Front Street Historic block and Yakima Avenue Sidewalks from Front Street to Ninth Street, herein called the "PROJECT." WITNESSETH: RECITALS WHEREAS, the CITY desires to retain the ENGINEER to provide engineering and streetscape/landscape services for design and construction engineering for the PROJECT, including the North Front Street Historic Block improvements and Yakima Avenue Sidewalk Improvements from Front Street to Ninth Street. WHEREAS, the ENGINEER represents that it has available and offers to provide personnel with expertise and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; SECTION 1 1.1 Agreement. NOW, THEREFORE, the CITY and the ENGINEER agree as follows: INCORPORATION OF RECITALS The above recitals are incorporated into these operative provisions of the SECTION 2 SCOPE OF SERVICES 2.0.1 The ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of the ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 The ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign Dennis J. Whitcher, PE, as Project Manager throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: The ENGINEER agrees to perform those tasks described in Exhibit A, entitled "City of Yakima—YAKIMA DOWNTOWN FUTURES INITIATIVE PHASE 1," which is part of this Agreement as if fully set forth herein. 2.2 Additional Services: The CITY and the ENGINEER agree that not all WORK to be performed by the ENGINEER can be defined in detail at the time this Agreement is executed and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. The CITY may, at any time, by written 1 order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B and, if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by the CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of receipt by the ENGINEER of the written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 City -Furnished Data and Responsibility of City: The CITY will provide to the ENGINEER or perform the following: a. Provide full information as to CITY requirements of the Project. b. Assist the ENGINEER by placing at its disposal all available information pertinent to the Project including previous reports, record drawings, original design plans and specifications, electronic drawings, plats, surveys, utility records, and any other data relative to design and construction of the Project. c. Obtain all rights-of-way and easements necessary to construct the PROJECT. d. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. e. Advertise for hearings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incidental thereto. f. Obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. Provide the services of a Project Coordinator, which duties shall include property/business owner liaison services throughout design and construction, and coordination for undergrounding Pacific Power aerial facilities in the North Front Street Historic Block. 3.2 Access to Facilities and Property: The CITY will make its facilities reasonably accessible to the ENGINEER as required for the ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by the ENGINEER for such access. g. 2 3.3 Timely Review: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required of the CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 The CITY shall appoint a City's Representative with respect to WORK to be performed under this Agreement. The City's Representative shall have complete authority to transmit instructions and receive information. The ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but the ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, the CITY grants the ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 Compensation on a Time Spent Basis at Specific Hourly Rates: For the services described in Exhibit A, compensation shall be according to Exhibit C—Schedule of Specific Hourly Rates on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 Direct Non -Salary Expenses: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding, and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by the ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for 3 PROJECT WORK. The ENGINEER, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class and shall be used only when absolutely necessary. 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants: Professional Subconsultants are those costs for engineering, architecture, geotechnical services, and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual costs billed by the Professional Subconsultant for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed that amount set forth in Exhibit B. The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep the CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, provided that the City was informed in writing at the time such costs were incurred. 5.3 The ENGINEER will use its best efforts to submit to the City's Representative by the 10th day of each calendar month an invoice for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City to be necessary to substantiate the costs incurred. The CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. The CITY will notify the ENGINEER promptly if any problems are noted with the invoice. The CITY may question any item in an invoice, noting to the ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by written acceptance by the CITY and after such audit or verification as the CITY may deem necessary and execution and delivery by the ENGINEER of a release of all known claims against the CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.5 Payment for any PROJECT services and WORK shall not constitute a waiver or release by the CITY of any claims, right, or remedy it may have against the ENGINEER under 4 this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 The CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. The CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of the CITY in any manner whatsoever. The ENGINEER expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of the CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by the ENGINEER's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold the CITY harmless therefrom. 6.4 Indemnification: a. The ENGINEER agrees to hold harmless, indemnify, and defend the CITY, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence and/or willful misconduct of the ENGINEER, its principals, officers, agents, employees and/or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. The CITY agrees to hold harmless, indemnify, and defend the ENGINEER, its principals, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence and/or willful misconduct of the CITY, its elected officials, officers, employees and agents in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that either and/or both the ENGINEER and the CITY are negligent and/or engage in willful misconduct, each party shall be liable for its contributory share of negligence and/or willful misconduct for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). 5 d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. e. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY as evidenced by their specific and express initialing of this paragraph. ENGINEER'S INITIALS CITY'S INITIALS 6.6 It is understood that any resident engineering or inspection provided by the ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. The ENGINEER does not assume responsibility for methods or appliances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations. The CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name the CITY, the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on the contractor's insurance policies covering the PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 Subsurface Investigations: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that the ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. 7.2 Not later than the tenth day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER 6 and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/or to the public. SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. Such documents are not intended nor represented to be suitable for reuse by the Owner or others on extensions of the Specific Project for which they were prepared or on any other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose intended, will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER or to the ENGINEER's consultants. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including without limitations litigation expenses and attorney fees where caused by the ENGINEER's own acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK if deemed necessary by the CITY to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section, provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated shall be reimbursed to the CITY. 7 SECTION 10 INSURANCE 10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of Insurance satisfactory to the CITY as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall be designated as additional insured on all such policies except for professional liability and Worker's Compensation. Such insurance shall be primary to the extent covered as additional insureds and other insurance maintained or carried by the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. The ENGINEER's insurance carrier shall be rated A -VII, or better, in the State of Washington. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.3 Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4 Professional liability insurance. The limit of liability shall be not less than $1,000,000. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or change. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. SECTION 11 SUBCONTRACTS 11.1 The ENGINEER shall be entitled, to the extent determined appropriate by the ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by the CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor's proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. 8 SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by the CITY or the ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of the CITY and the ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 GOVERNING LAW 14.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. SECTION 15 VENUE 15.1 The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. SECTION 16 SEVERABILITY 16.1 If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. SECTION 17 EQUAL EMPLOYMENT and NONDISCRIMINATION 17.1 In connection with the Services under this Agreement, the ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. The ENGINEER shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. SECTION 18 THE AMERICANS WITH DISABILITIES ACT 18.1 The ENGINEER shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations, with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. SECTION 19 COMPLIANCE WITH LAW 19.1 The ENGINEER agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9 SECTION 20 NO CONFLICT OF INTEREST 20.1 The ENGINEER covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The ENGINEER further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. SECTION 21 SUSPENSION OF WORK 21.1 The CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond the CITY'S control are interfering with normal progress of the WORK. The ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond the ENGINEER'S control are interfering with normal progress of the WORK. The ENGINEER may suspend WORK on the PROJECT in the event the CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of the Project in accordance with SECTION 23. SECTION 22 NON -WAIVER OF BREACH 22.1 A waiver by any party hereto of a breach by any other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. SECTION 23 TERMINATION OF WORK 23.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days' written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with the terminating party and for cure before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 23.2 In addition to termination under Section 23.1 above, the CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days' written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with the CITY before termination. 23.3 If the CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages the CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, the CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a 10 form or of a type which is usable and suitable to the CITY at the date of termination and the cost to the CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay the CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude the CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 23.4 If the ENGINEER terminates for default on the part of the CITY or if the CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless the CITY determines to assume said commitments. 23.5 Upon receipt of a termination notice under Subsections 23.1 or 23.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 23.6 Upon termination under any subparagraph above, the CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals, provided that the ENGINEER shall have no responsibility to prosecute further WORK thereon. 23.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 23.4 of this Section. 23.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of the CITY. If the CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 23.3 of this Section. SECTION 24 NOTICE 24.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Mr. Chris Waarvick, Public Works Director ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC. 801 North 39th Avenue Yakima, WA 98902 Attn: President 11 SECTION 25 NEUTRAL AUTHORSHIP 25.1 Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. SECTION 26 THIRD PARTIES 26.1 The CITY and the ENGINEER are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. SECTION 27 COUNTERPARTS 27.1 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Signature Richard A. Zais, Jr. (Printed Name) Title: City anager Date: tki(j ( . HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature William L. Huibregtse (Printed Name) Title: President Date: `1�- -os City Contract No. ev% Resolution No. Xi—a/45—AL? 12 STATE OF WASHINGTON ss. County of Yakima I certify that I know or have satisfactory evidence that Richard A. Zais, Jr., is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the City Manager of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN UNDUand official seal this , (I day of y , 2005. ,./v) STATE OF WASHINGTON ) ) ss. County of Yakima (Printed Name) Notary Public in and for the State of Washington, residing at L 9 �'. ra��r My commission expires certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN UNDER my hand and official seal this X day of , 2005. Tali C'hat- bon Kw& LL (Printed Name) Notary Public in and for the State of Washington, residing at t jj`2Ir't — My commission expires e-,_/C� G(v 13 EXHIBIT A CITY OF YAKIMA — YAKIMA DOWNTOWN FUTURES INITIATIVE PHASE 1 SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Downtown Futures Initiative - Phase 1 This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as hereinafter described. Part 1 - Yakima Avenue Sidewalks: Sidewalk replacement from existing curb and gutter to building fronts of the area described as the south side of Yakima Avenue from Front Street to First Street; and both sides of Yakima Avenue from First Street to Ninth Street to include preliminary concept design of special sidewalk paving patterns, street trees, sidewalk planting, site furnishings, pedestrian lighting, and coordination with proposed North Front Street renovation plans. Three urban design and landscape options will be prepared. Upon authorization from City Council, final design and preparation of construction plans and specifications for the preferred concept design will be prepared. Part 2 - North Front Street Historic District Renovation: Using the preliminary design and preliminary plans (completed under previous separate agreement) complete final design and preparation of construction plans and specifications for renovation of the North Front Street Historic block described as the east side of Front Street - Yakima Avenue to "A" Street; the south side of "A" Street from Front Street to Yakima Avenue; the west side of First Street from Yakima Avenue to "A" Street; the North side of Yakima Avenue from Front Street to First Street; and the public alleys in Block 10 of the Plat of Town of North Yakima to include new cement concrete curb and gutter where necessary, new cement concrete sidewalks and/or pavers, new alley paving, sewer and storm drainage replacement, water service replacement, new lighting, street furniture, and landscaping. PART ONE TASK A - PRELIMINARY CONCEPT DESIGN AND FINAL DESIGN, PLANS AND SPECIFI- CATIONS FOR YAKIMA AVENUE SIDEWALKS 1A-1. Visit and photograph the site to record existing facilities and topographic features, site amenities, and readily visible constraints and land uses. 1A-2. Prepare three typical urban design and landscape plan options showing layout treatments for sidewalk patterns, street trees, sidewalk planting, site furnishings, and pedestrian lighting. 1A-3. Prepare presentation boards showing options for special paving, site furnishings, pedestrian lighting, and plant materials. 1A-4. Prepare sidewalk graphic drawings that show options for special paving, site furnishings, pedestrian lighting, and plant materials. G:\JAN\YAKIMA-JC4\91 wpd 1A-5. Two community / agency meetings will be held to present the three urban design concepts and to obtain comments. 1A-6. Revise initial concept design based upon comments received from the City, the City Council Downtown Yakima Futures Initiative Oversight Committee, and the public. 1A-7. Prepare a construction cost estimate for the preferred concept design. NOTE: In recognition of the proposed construction of the Downtown Yakima Hilton Garden Hotel in the vicinity of the old Mervyn's Building, a separate set of design and construction documents will be prepared for bidding and construction of the sidewalk improvements from the Great Western Building to Naches Avenue. 1A-8. Perform field investigations and field surveying necessary to supplement existing pre - design data for the design and final plans of identified improvements. 1A-9. On the basis of the preferred concept design, perform the final design and prepare final Plans and Specifications for bid call on the proposed work, as authorized by the CITY. 1A-10. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. 1A-11. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. 1A-12. Answer and suppiy such information as is requested by prospective bidders. 1A-13. Prepare and issue addenda, if necessary. 1A-14. Prepare the Engineer's Estimate of construction cost. 1A-15. Attend bid opening and participate in the bid opening and evaluation process. 1A-16. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. 1A-17. Make recommendation of construction contract award to the lowest responsible bidder. PART ONE TASK B - SERVICES DURING CONSTRUCTION FOR THE YAKIMA AVENUE SIDEWALKS 1B-1. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. 1 B-2. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Pians and Specifications. 1B-3. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. G:\! AN\YAKI MA -J C4\91. wpd 1 B-4. Consult and advise the CITY during construction and make a final report of the completed work. 18-5. Monitor the construction contractor's compliance with State labor standards. 1 B-6. Review Contractor's submission of samples and shop drawings, where applicable. 1 B-7. Recommend progress payments for the construction contractor to the CITY. 1 B-8. Prepare and submit proposed contract change orders when applicable. 1 B-9. Prepare and furnish reproducible record drawings of all completed work from as -built drawings furnished by the CITY's construction contractor. PART TWO TASK A- FINAL PLANS AND SPECIFICATIONS NORTH FRONT STREET HISTORIC DISTRICT RENOVATION 2A-1. Perform field investigations and field surveying necessary to supplement existing pre - design data for the design and final plans of identified improvements. 2A-2. On the basis of the previously approved preliminary plans, perform the final design and prepare final Plans and Specifications for bid call on the proposed work, as authorized by the CITY. 2A-3. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. 2A-4. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. 2A-5. Answer and supply such information as is requested by prospective bidders. 2A-6. Prepare and issue addenda, if necessary. 2A-7. Prepare the Engineer's Estimate of construction cost. 2A-8. Attend bid opening and participate in the bid opening and evaluation process. 2A-9. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. 2A-10. Make recommendation of construction contract award to the lowest responsible bidder. TWO TASK B - SERVICES DURING CONSTRUCTION FOR THE NORTH FRONT STREET HISTORIC DISTRICT RENOVATION. 2B-1. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. G:WAN\YAKIMA-JC4\91 wpd 2B-2. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with. Plans and Specifications. 2B-3. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. 2B-4. Consult and advise the CITY during construction and make a final report of the completed work. 2B-5. Monitor the construction contractor's compliance with State labor standards. nn !+ 1"f _. .: _... !�_.-i-. .1...1. �..t�.�:.-..: �.- ..0 .�.�.Y .-1...� _..-.J .�4 �. ... .J ..�... .: .,. ....� ...L. ........1:... 4.1.. Lia -L7. rSGVSGVY 'vUS Sii dtdUT 3 3UU4 S:1331US S US 3c13 S 317SG3 di SU bHup U6 dVJSi itj3, 11V3 SGS �- c3NI Sivt3 3SG. 2B-7. Recommend progress payments for the construction contractor to the CITY. 2B-8. Prepare and submit proposed contract change orders when applicable. 2B-9. Prepare and furnish reproducible record drawings of all completed work from as -built L Prepare I V furnish 1 1 V V record V drawings furnished by the CITY'S construction contractor. End of Exhibit A G:\JAN\YAKI MA-JC4\91.wpd EXHIBIT B DOWNTOWN YAKIMA FUTURES INITIATIVE - PHASE 1 Professional Fees Preliminary Concept Design and Final Plans and Specifications for Yakima Avenue Sidewalks Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform the Design and Final Plans and Specifications. The maximum compensation to the ENGINEER for the Design and Final Plans and Specifications will be $321,643.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. Part One Task A - Preliminary Concept Design and Final Plans and Specifications for Yakima Avenue Sidewalks. CLIENT- City of Yakima JOB NUMBER: 05046 Huibregtse, Louman Associates, Inc. DATE: June 21, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $127 $105 $97 $76 $140 $51 DESIGN AND FINAL PLANS AND SPECIFICATIONS FOR PART ONE TASK A PROJECT MANAGEMENT 1A-1 Project Management 180 200 0 0 0 24 404 45,084 00 1A-2 Field investigations and field surveying 32 60 40 40 32 0 204 21,764 00 1A-3 Perform the preliminary design 100 200 0 400 0 12 712 64,712.00 1A-4 Final design, Plans, and Specifications 80 160 0 160 0 40 440 41,160.00 1A-5 Furnish copies of Plans and Specifications 12 16 0 40 0 40 108 8,284 00 1A-6 Design New Utility Connections 24 60 0 80 0 2 166 15,530 00 1A-7 Answer bidders questions 32 40 0 0 0 0 72 8,264 00 1A-8 Prepare and issue addenda 8 24 0 8 0 4 44 4,348.00 1A-9 Prepare Estimate of construc- tion cost 8 32 0 0 0 8 48 4,784.00 1A-10 Attend bid opening 8 8 0 0 0 0 16 1,856 00 1A-11 Prepare tabulation of bids 4 8 0 0 0 8 20 1,756.00 G: W M**XAKI MAJ C4Y®tt wnN TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $127 $105 $97 $76 $140 $51 1A-12 Make recommendation of construction contract award 2 4 0 0 0 2 8 776.00 Labor Subtotal 490 812 40 728 32 140 2242 218,318.00 EXPENSES. hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses. FAX 25.00 TELEPHONE 200 00 POSTAGE 100 00 PRINTING 4,000 00 SUB -CONSULTANTS 1 Hough Beck & Baird, Inc. 50,000 00 x 1 1 55,000 00 2. Brockway -Opfer -Raab Architecture 10,000 00 x 1 1 11,000 00 3. Conley Engineering, Inc. 30,000 00 x 1 1 33,000 00 Subtotal - Labor 218,318.00 Subtotal - Expenses 4,325 00 Subtotal - Subconsultants 99,000 00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $321,643.00 r_. iAN\vpxIMA-1C4\91.wpd EXHIBIT B DOWNTOWN YAKIMA FUTURES INITIATIVE - PHASE 1 Professional Fees Services During Construction for Yakima Avenue Sidewalks Compensation for professional services for Services During Construction will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform these Services During Construction. The maximum compensation to the ENGINEER for the Services During Con- struction will be $351,237.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. Part One Task B - Services During Construction for Yakima Avenue Sidewalks . CLIENT City of Yakima JOB NUMBER: 05046 Huibregtse, Louman Associates, Inc. DATE. June 21, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Opera tor 2 -Man Survey Crew Res. Eng Clerical TOT HRS TASK DIRECT COSTS $131 $109 $100 $79 $145 $75 $53 SERVICES DURING CONSTRUCTION FOR PART ONE TASK B PROJECT MANAGEMENT 1B-1 Project Management 120 400 0 0 0 8 16 544 60,768.00 1B-2 Survey Control 20 0 40 12 24 0 0 96 11,048.00 1B-3 Field Staking of Improvements 8 16 0 40 280 16 0 360 47,752.00 1B-4 Construction Observation 100 200 0 8 0 1000 0 1308 110,532.00 1B-5 Review Submittals and Shop Drawings 24 60 0 0 0 12 16 112 11,432.00 1B-6 Labor Standards Review 24 40 0 0 0 80 2 146 13,610 00 1 B-7 Monthly Progress Billings 16 60 0 0 0 40 0 116 11,636.00 1B-8 Change Order Preparation 8 16 0 8 0 40 40 112 8,544.00 1B-9 Project Cost Summaries 12 40 0 0 0 8 16 76 7,380.00 1B-10 Final Walk Thru and Punch List 16 40 0 0 0 40 4 100 9,668.00 GNIA AYAKIMAJC40 t vgii TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Opera tor 2 -Man Survey Crew Res. Eng. Clerical TOT. HRS TASK DIRECT COSTS $131 $1 no $100 $7a $145 $75 $53 16-11 Record Drawings 4 8 0 40 24 8 2 86 8,742.00 Labor Subtotal 352 880 40 108 328 96 3056 301,112.00 EXPENSES' hours $/hr Computers. 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses: FAX 25.00 TELEPHONE 400.00 POSTAGE 200.00 PRINTING 0 00 SUB -CONSULTANTS 1 Hough Beck & Baird, Inc. 20,000.00 x 1 1 22,000 00 2. Brockway -Opfer -Raab Architecture 5,000 00 x 1 1 5,500 00 3. Conley Engineering, inc. 10,000 00 x 1 1 11,000 00 3 GN Northern, Inc. 10,000 00 x 1 1 11,000,00 Subtotal - Labor 301,112.00 Subtotal - Expenses 625.00 Subtotal - Subconsultants 49,500.00 Total - SERVICES DURING CONSTRUCTION $351,237.00 G: V AMYA K: M A-! C 4\9 t. wpd EXHIBIT B DOWNTOWN YAKIMA FUTURES INITIATIVE - PHASE 1 Professional Fees Final Plans and Specifications for the North Front Street Historic District Renovation Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform the Design and Final Plans and Specifications. The maximum compensation to the ENGINEER for the Design and Final Plans and Specifications will be $204,763.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. Part Two Task A - Final Plans and Specifications for North Front Street Historic District Renovation CLIENT City of Yakima JOB NUMBER: 04087 Huibregtse, Louman Associates, Inc. DATE. June 21, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $127 $105 $97 $76 $140 $51 DESIGN AND FINAL PLANS AND SPECIFICATIONS FOR PART TWO TASK A PROJECT MANAGEMENT 2A-1 Project Management 160 100 0 0 0 16 276 31,636.00 2A-2 Field investigations and field surveying 20 40 16 16 40 0 132 15,108.00 2A-3 Perform the preliminary design 100 200 0 200 0 16 516 49,716.00 2A-4 Final design, Plans, and Specifications 80 120 0 120 0 16 336 32,696 00 2A-5 Furnish copies of Plans and Specifications 8 8 0 16 0 16 48 3,888.00 2A-6 Design New Utility Connections 24 40 0 40 0 2 106 10,390.00 2A-7 Answer bidders questions 24 24 0 0 0 0 48 5,568.00 2A-8 Prepare and issue addenda 8 16 0 16 0 8 48 4,320 00 2A-9 Prepare Estimate of construc- tion cost 4 24 0 8 0 8 44 4,044 00 2A-10 Attend bid opening 8 8 0 0 0 0 16 1,856 00 2A-11 Prepare tabulation of bids 4 8 0 0 0 8 20 1,756.00 G: th *YAKIMAJC$ 1wp9d TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS 1127 110E $Q7 $76 $140 $1 2A-12 Make recommendation of construction contract award 8 8 0 0 0 4 20 2,060 00 Labor Subtotal 448 596 16 416 40 94 1610 163,038 00 EXPENSES. hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0.00 0 00 Misc. expenses: FAX 25 00 TELEPHONE 100 00 POSTAGE 100 00 PRINTING 3,000 00 SUB -CONSULTANTS 1. AHBL Architects, Inc. 10,000 00 x 1 1 11,000 00 2. Brockway -Opfer -Raab Architecture 5,000 00 x 1. 1 5,500 ^v^v 3. Conley Engineering, Inc. 20,000 00 x 1 1 22,000 00 Subtotal - Labor 163.038.00 Subtotal - Expenses 3,225.00 Subtotal - Subconsultants 38,500 00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $204,763 00 G:'JA .AKIMA-JC4\9! wpd EXHIBIT B DOWNTOWN YAKIMA FUTURES INITIATIVE - PHASE 1 Professional Fees Services During Construction for the North Front Street Historic District Renovation Compensation for professional services for Services During Construction will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform these Services During Construction. The maximum compensation to the ENGINEER for the Services During Construction will be $222,819.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: Part Two Task B - Services During Construction for the North Front Street Historic District Renovation. CLIENT City of Yakima JOB NUMBER: 04087 Huibregtse, Louman Associates, Inc. DATE. June 21, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Opera tor 2 -Man Survey Crew Res. Eng. Clerical TOT HRS TASK DIRECT COSTS $131 $109 $100 $79 $145 $75 $53 SERVICES DURING CONSTRUCTION FOR PART TWO TASK B PROJECT MANAGEMENT 2B-1 Project Management 100 200 0 0 0 40 16 356 38,748.00 2B-2 Survey Control 20 4 24 12 24 8 0 92 10,484.00 2B-3 Field Staking of Improvements 40 40 40 32 180 8 0 340 42,828.00 2B-4 Construction Observation 80 80 24 0 0 440 0 624 54,600.00 2B-5 Review Submittals and Shop Drawings 40 80 0 8 0 0 8 136 15,016.00 2B-6 Labor Standards Review. 16 24 0 0 0 80 12 132 11,348 00 2B-7 Monthly Progress Billings 12 40 0 0 0 40 16 108 9,780.00 2B-8 Change Order Preparation 8 16 0 16 0 16 16 72 6,104 00 2B-9 Project Cost Summaries 8 18 0 0 0 0 8 34 3,434 00 2B-10 Final Walk Thru and Punch List 8 16 0 0 0 16 8 48 4,416.00 TASK NO PROJECT TASK Principal Engineer Licensed Prof. Engineer Licensed Land Surveyor CAD Opera tor 2 -Man Survey Crew Res. Eng. Clerical TOT. HRS TASK DIRECT COSTS $131 $109 $100 $7a $145 $75 $53 2B-11 Record Drawings 8 8 0 40 0 16 2 74 6,386.00 Labor Subtotal 340 526 88 108 204 86 2016 203,144 00 EXPENSES. hours $/hr Computers. 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses: FAX 25 00 TELEPHONE 200 00 POSTAGE 200.00 PRINTING 0 00 SUB -CONSULTANTS 1 AHBL Architects, Inc. 5,000 00 x 1 1 5,500.00 2. Brockway -Opfer -Raab Architecture 2,500 00 x 1 1 2,750 00 3. Conley Engineering, Inc. 5,000 00 x i 1 5,500 00 4 GN Northern, inc. 0( 5,wX00 v w x 1.1 500 00 Subtotal - Labor 203,144 00 Subtotal - Expenses 425 00 Subtotal - Subconsultants 19,250 00 Total - SERVICES DURING CONSTRUCTION $222,819 00 G:UAN\YAKIMA-,C4\91 wpd EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G:WAWA\YAKI MAJC4191wrgki EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Principal Engineer $131.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $60.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour G:JAN\YAKIMA-JC4\91 wpd EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2007, Through December 31, 2007) Principal Engineer $136.00 per hour Licensed Professional Engineer $113.00 per hour Licensed Professional Land Surveyor $104.00 per hour Project Engineer $94.00 per hour CAD Technician $82.00 per hour Resident Engineer/Inspector $78.00 per hour Surveyor $78.00 per hour Senior Engineering Technician $62.00 per hour Engineering Technician $55.00 per hour Word Processing Technician $55.00 per hour Two Man Survey Party $150.00 per hour Three Man Survey Party $195.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour Huibregtse, ]Lowman Associates, Inc. June 10, 2005 CIVIL ENGINEERING • LAND SURVEYING • PLANNING City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Chris Waarvick Director of Public Works Re: Yakima Downtown Futures Initiative, Phase 1 Preliminary Survey and Preliminary Design Activities Dear Chris: William L. Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J.Whitcher, PE Eric T. Herzog, PLS Michael T. Battle, PE Terry D.Alapeteri, PE Daniel L. Hesse, PE We are pleased to have been selected by the City of Yakima to provide professional design and engineering services for the above referenced project. We understand that the initial stage of construction for this project will be the reconstruction of the northerly sidewalk area of Yakima Avenue from the Great Western Building to Naches Avenue including sidewalk surfacing, pedestrian lighting, landscaping, and irrigation. This section of sidewalk improvements is to coordinate with the design and construction of the new Hilton Garden Hotel to the north of this sidewalk area being built by JEM Development via construction contracts with Moen Construction and MSI Construction. At our meeting on June 7, 2005, we discussed several features of this construction area which will need to be coordinated over the next several weeks. We understand Mr. Joe Morrier to say that their date for opening the new Hilton Garden Hotel is December 31, 2005. We also outlined the following project development schedule to design, bid contract, and construct the above referenced public sidewalk area improvements via the public bid process: 6/28/05 HLA Agreement for Engineering Services to City Council 7/31/05 Sidewalk Area Design Decisions Complete 8/15/05 Plans, Specifications & Estimate Complete 9/15/05 Advertising and Construction Contract Award Complete 10/1-11/15/05 Construction of Sidewalk Area Improvements We emphasized at this referenced meeting that, in order to meet the above sidewalk area construction schedule, the hotel contractors will need to have completed all utility and other construction in/under the public sidewalk area no Tater than 10/1/05. We also noted that it may be necessary/advisable to order some of the longer delivery material items prior to publically bidding the sidewalk area construction contract in order to meet this above outlined schedule. G:\Janis\Yakima l 3-JK\ykl 3-70.wpd 801 North 39th Avenue • Yakima, WA 98902 •3 (509) 966-7000 FAX (509) 965-3800 City of Yakima June 10, 2005 Page 2. We are ready to immediately begin the initial preliminary survey and preliminary design services for this Stage 1 work and have accepted your direction at our June 7, 2005, meeting to do so. The following is our scope of services for these preliminary services which can be performed during June 2005, within our remaining budget of approximately $8,500 of our Agreement with the City of Yakima, dated October 27, 2004: 1. Preliminary topographic survey of the north side of Yakima Avenue from the Great Western Building to Naches Avenue. 2. Preparation of preliminary topographic mapping via CAD of this same area. 3. Begin preparation of preliminary sidewalk surfacing and streetscape alternatives for City/property owner/business owner review. 4. Participation in up to two meetings of the Yakima Downtown Futures Initiative Committee. We have scheduled the topographic survey and initial site visit of the streetscape/landscape architects for the week of June 13, 2005. Please confirm your authorization to proceed with the above described preliminary services via signature below. Thank you for the opportunity to provide professional services for the City of Yakima. Very truly yours, William L. Huibregtse, PE President WLH/jk A -ori ion to Proceed with Preliminary Services: F Q ry Cc City of Yakima Date ORDINANCE NO. 2005 - AN ORDINANCE amending the 2005 budget for the City of Yakima; and making an appropriation of $4,790,000 within the 321 — Central Business District Improvement Fund for expenditure during 2005 to provide for renovation of public walkways in the Downtown area. WHEREAS, the City has been awarded grants from the Washington State Department of Transportation in the amount of $870,000, and from the Washington State Department of Community, Trade, and Economic Development in the amount of $3,920,000 to provide for renovation of public walkways in the Downtown area, thereby resulting in the need to appropriate an amount of $4,790,000 within the 321 — Central Business District Improvement Fund for the 2005 budget year for this purpose; and WHEREAS, at the time of the adoption of the 2005 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Appropriations are hereby made, for expenditure during 2005, from Unappropriated Fund Balance in the 321—Central Business District Improvement Fund to the various accounts and in the various amounts, to provide for renovation of public walkways in the Downtown area, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2005. PAUL P. GEORGE, MAYOR ATTEST: CITY CLERK First Reading: 6-28-2005 Publication Date: Effective Date: Cepperson 6/20/2005 APPROP.ORDINANCE RESOURCES: WA State Department of Community Trade & Economic Development 321-321-699-2116-33404-2DC PAGE 1 SCHEDULE I CBD Improvement Fund 321 Yakima Ave Front Street Total $2,058,000 $3,920,000 321-3 21-699-2103-33404-2D C $1,862,000 WA State Department of Transportation 321-321-699-2116-33403-6DT $870,000 $870,000 APPROPRIATIONS: Engineering 321-321-321-2116-59511-650 321-321-321-2103-59511-650 Sidewalk 321-321-321-2116-59561-650 -rn1 Hell nn n1nes cocc1 cGA JG1-JG 1-JG1-G IVJ-J7JVI-VJV Lighting 321-321-321-2116-59563-650 321-321-321-2103-59563-650 Roadside Dev-Landscaping 321-321-321-2116-59570-650 321-321-321-2116-59570-650 TOTAL RESOURCES $2,928,000 $1,862,000 $4,790,000 Yakima Ave Front Street Total $794,656 $550,146 $360,651 $1,222,547 $505,344 04 ACI OZA 4 j#-J,OJY $229,349 $777,453 $1,300,000 $900,000 $590,000 $2,000,000 TOTAL APPROPRIATIONS $2,928,000 $1,862,000 $4,790,000 DOWNTOWN FUTURES INITIATIVES PROJECT BUDGET Yakima Avenue Front to 9th Street North Front Street Historic District TOTAL DESIGN and BID SERVICES Engineering Project Coordination Design and Bid Total CONSTRUCTION MANAGEMENT Engineering Project Coordination Construction Management Total Consultant Subtotal CONSTRUCTION (Bid Award) Contingency Construction Total Grand Total REVENUE Transportation funds CTED (minus 2% included) Revenue Total Revised 6/28/05 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 321,643 $ 204,763 $ 526,406 29,868 $ 18,848 $ 48,715 351,511 $ 223,611 $ 575,121 351,237 $ 222,819 $ 574,056 73,788 $ 47,498 $ 121,285 425,025 $ 270,317 $ 695,341 776,535.00 $ 493,927.00 $ 1,270,462.00 1,955,877 $ 1,243,703 $ 3,199,580 195,588 $ 124,370 $ 319,958 2,151,465 $ 1,368,073 $ 3,519,538 2,928,000 $ 1,862,000 $ 4,790,000 870,000 2,058,000 2,928,000 $ $ $ 1,862,000 1,862,000 $ 870,000 $ 3,920,000 $ 4,790,000 Downtown Yakima Futures Initiatives Oversight Committee Senator Alex Deccio Mayor Paul George Council Member Bernie Sims Council Member Neil McClure City Manager Dick Zais Chris Waarvick Bill Cook Kay Adams Michael Morales Darrell Blue George Pechtel Bill Huibregtse Dennis Whitcher Kathy Coffey Steve Caffery John Baule Craig Rath Joe Mann Jar Arcand Jay Wildgen Dave Picatti Skip Semon Jamie Stickel Elizabeth McGree Barbara Greco Gary Lukehart George Chappell Monica Weyhe Mike Gulick Juno 15 DATE: PROJECT: BROCKWAY - OPFER - RAAB ARCHITECTURE,P.L.L.c. , 2005 PROJECT NO.: 0514 Yakima Downtown Futures Initiative City of Yakima TO: Stakeholders Phase I Committee PRESENT: See Attached Sign -In Sheet MEETING MINUTES: The meeting was held to kick off the data gathering and conceptual design effort that will lead to the design of the improvements to Front Street and Yakima Avenue. • Chris Waarvick welcomed the group and briefly described the purpose of the meeting. • Bernie Sims discussed the project and named the group the "Yakima Downtown Futures Initiative Stakeholders Phase I Committee." • Senator Alex Deccio described the funding process and stressed that the project must follow the language used in the funding request submitted to the legislature. • Bill Huibregtse generally described the work of the consultants that lead to the project funding. Bill outlined a schedule for the work as follows: o Initial development of design concepts: June 2005 o Concept review and refinement: June — July 2005 o Decision of Yakima Avenue Design Concept: No later than July 31, 2005 o Development of Construction Documents related to the block of Yakima Avenue fronting the new Hilton Garden Hotel August 1— August 15, 2005 o Bidding and Award of the Hilton Garden block: August 15 — September 15, 2005 o Construction completion in time for Hotel Completion: October 1 — November 15, 2005 o Design and Construction Doc. completion for remainder of project: July 2005 — February 2006 o Bidding and Award for Yakima Avenue and Front Street: March 2006 o Construction: April - November 2006 1320 N. 16m AVENUE SurrE C YAHIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 June 15, 2005 Yakima Downtown Futures Initiative City of Yakima Page 2 • Skip Semon questioned whether the city would be iblent, the land,installed art .�.�.i., v.....va. city responsible for maintaining the landscaping as pais of the project. The City confirmed that they would be responsible for the maintenance and that they have asked that low maintenance he considered as an important element in the landscape design. • The general meeting structure for the project was outlined as follows: o Meeting I: Today, Project Kick-off with Stakeholders o Meeting II: Project discussion/data gathering with adjacent Property Owners o Meeting III: Project presentation to Community • Key elements of the project were identified: o Sidewalks, approximately 16' from back of curb. o Lighting, emphasizing the pedestrian sense of security o Street Trees and Landscaping o Undergrounding of overhead utilities in the Front Street block • K. Wendell Adams described the related project north of the Front Street block which will provide a railroad underpass. The first phase of this project will involve the relocation of the existing utilities in Front Street requiring the removal of the existing paving which will be replaced with brick pavers similar to those originally used on the street. • Jamie Stickel reported that he is working on the Committee for Downtown Yakima and that they are focusing their attention on what may be occurring or what may be encouraged to occur in the areas between the larger projects currently under development. • Kathy Coffey described the future plans for the Convention Center Campus and surrounding area development goals: . o Development of a more "park like setting". o Renovation of the existing parking lot east of the Center. o Future closure of 8th Street to allow for exterior gathering space. o Future improvements to "A" Street to enhance pedestrian use and develop a loop with Front Street and Yakima Avenue. o Provide improved linkage to the hotels to the east and the Visitor Information Center. o Provide improved linkage to the east side of I-82, hotels, Greenway, etc. o Improve the neighborhood north of the Convention Center. • Steve Caffery described the projects being developed and planned for the Capital Theatre and surrounding area: o Next phase is to expand to the east on property purchased from the YMCA to enhance back stage areas. o Develop a community center on the property directly north of the Theatre. o Continued development of concepts for area to the west of the Theatre. • Joe Morrier reported on the Hilton Garden Hotel being constructed on the site of the former Mervyn's store. He further discussed plans for new development on the property formerly occupied by The Bon. • Bernie Sims described a project that Rotary is undertaking to develop a "Welcome" sign with landscaping and basalt columns on the east end of Yakima Avenue. • Gary Lukehart discussed the development planned for the property surrounding the new Fairfield/Marriott. 1320 N. 16TH AVENUE SUITE C YAKIMA, WASHINGTON 98902 (509) 454-3299 FAx (509) 454-3254 June 15, 2005 Yakima Downtown Futures Initiative City of Yakima Page 3 • Monica Weyhe reported on the concepts that the Yakima Valley Regional Library is considering with regard to the Downtown Branch including thoughts of a renovation or replacement building. They are in early stages of evaluation and will be interested in the development that this project brings. • John Baule discussed possible ties that the Museum may have to Downtown including the possibility of locating a satellite in the area, which might house the carriage collection. John also reported on a new group in Yakima called the Yakima Arts Giving Circle. The intent of this group is to make funds available for a downtown arts project(s). John suggested that public art be considered as a component as the concepts for the improvements are being developed. • It was reported that meetings for this project would generally be conducted on a monthly basis in the beginning then moving to a weekly basis as needed. • Bill Huibregtse asked the group to consider the concept of allowing sidewalk cafes in the Downtown area. The group unanimously favored this idea when polled. Submitted by: Brockway • Opfer • Raab • Architecture, P.L.L.C. Sherlyn M. Brockway #0514 1320 N. 16TH AVENUE SurrE C YAKIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454=3254 Huibregtse, Louinaan Associates, Inc. CML ENGINEERING • LAND SURVEYING • PLANNING June 10, 2005 City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Chris Waarvick Director of Public Works Re: Yakima Downtown Futures Initiative, Phase 1 Preliminary Survey and Preliminary Design Activities Dear Chris: William L. Huibregtse, PE Jeffrey T Louman, PE Theodore W Pooler, PE Dennis J.Whitcher, PE Eric T u.._..._ Michael T. Battle, PE Terry D.Alapeteri, PE Daniel L. Hesse. PE We are pleased to have been selected by the City of Yakima to provide professional design and engineering services for the above referenced project. We understand that the initial stage of construction for this project will be the reconstruction of the northerly sidewalk area of Yakima Avenue from the Great Western Building to Naches Avenue including sidewalk surfacing, pedestrian lighting, landscaping, and irrigation. This section of sidewalk improvements is to coordinate with the design and construction of the new Hilton Garden Hotel to the north of this sidewalk area being built by JBM Development via construction contracts with Moen Construction and MSI Construction. At our meeting on June 7, 2005, we discussed several features of this construction area which will need to be coordinated over the next several weeks. We understand Mr. Joe Morrier to say that their date for opening the new Hilton Garden Hotel is December 31, 2005. We also outlined the following project development schedule to design, bid contract, and construct the above referenced public sidewalk area improvements via the public bid process: 6/28/05 HIA Agreement for Engineering Services to City Council 7/31/05 Sidewalk Area Design Decisions Complete 8/15/05 Plans, Specifications & Estimate Complete 9/15/05 Advertising and Construction Contract Award Complete 10/1-11/15/05 Construction of Sidewalk Area Improvements We emphasized at this referenced meeting that, in order to meet the above sidewalk area construction schedule, the hotel contractors will need to have completed all utility and other construction in/under the public sidewalk area no later than 10/1/05. We also noted that it may be necessary/advisable to order some of the longer delivery material items prior to publically bidding the sidewalk area construction contract in order to meet this above outlined schedule. G:\JanisWakima13-Jnyk13-70.wpd 801 North 39th Avenue ) Yakima,WA 98902 + (509) 966-7000 FAX (5091 9653800 City of Yakima June 10, 2005 Page 2. We are ready to immediately begin the initial preliminary survey and preliminary design services for this Stage 1 work and have accepted your direction at our June 7, 2005, meeting to do so. The following is our scope of services for these preliminary services which can be performed during June 2005, within our remaining budget of approximately $8,500 of our Agreement with the City of Yakima, dated October 27, 2004: 1. Preliminary topographic survey of the north side of Yakima Avenue from the Great Western Building to Naches Avenue. 2. Preparation of preliminary topographic mapping via CAD of this same area. 3. Begin preparation of preliminary sidewalk surfacing and streetscape alternatives for City/property owner/business owner review. 4. Participation in up to two meetings of the Yakima Downtown Futures Initiative Committee. We have scheduled the topographic survey and initial site visit of the streetscape/landscape architects for the week of June 13, 2005. Please confirm your authorization to proceed with the above described preliminary services via signature below. Thank you for the opportunity to provide professional services for the City of Yakima. Very truly yours, William L. Huibregtse, PE President WLH/jk A oriion to Proceed with Preliminary Services: �- U 0,04-e) ' City of Yakima Date Mayor Paul George City of Yakima 129 N. 2nd Street V..L:.r_ 1A/ A nllnnw 1 anuria, VV/ -1 t OyV 1 April 26, 2005 CEIVE OF yar, f-_ APR 2 7 2r, rr, Oi- CIT' 0= Re: North Front Street Historical Restoration Project, Historic District, Yakima WA Dear Mayor George: On behalf of the North Front Street Improvement Association 1 want to thank you, the City Council and Staff for all your efforts in securing the funding for the North Front Street Historical Restoration Project and the Yakima Downtown Futures Initiative. We appreciate that this is the culmination of many years of hard work and we appreciate your devotion to Yakima and the downtown projects. We understand that many hours of effort were devoted to securing these funds and look forward to the fruits of your labor. If you have any questions or comments piease feel free to contact George Pechtel. or myself: Thank you again for your dedication and support! \/ 1... VVIy LIt vvut5, David J. Picatti President, North Front Street Improvement Association George Pechtel (509)-248-9496 David J. Picatti (509)-248-1447 {i _ =�j '11 i', unu.nn/ l .1. : ' ,L„ ,i iiiinm•mu 1 ,L,. NORTH FRONT STREET IMPROVEMENT ASSOCIATION Five North Front Street • Yakima, Washington 98901 FOR COUNC DATE City of Yakima New Release Subject: Contact: Legislature Funding for Yakima Projects Yakima Mayor Paul George - 575-6040 City Manager Dick Zais - 575-6040 George Pechtel-North Front Street Merchants 248-9486 Release Date: Monday, April 25th, 2005 State Legislature Provides Millions For Yakima Projects Yesterday's approval of the 2005-2007 biennial state budget means Yakima will receive nearly $10 million for projects ranging from improvements to Historic North Front Street and Yakima Avenue to another softball field at Kiwanis Park. "The Council and I couldn't be more pleased," said Yakima Mayor Paul George. "Senator (Alex) Deccio, Representative (Mary) Skinner and Representative (Jim) Clements are to be applauded for their hard work in securing this funding. As president of the Association of Washington Cities, Yakima Council Member Mary Place also played a pivotal role in convincing the legislature to help not just Yakima, but all cities . across the state," said George. Efforts to revitalize downtown Yakima received a kick start with nearly $5 million in state funding. The "Downtown Yakima Futures Initiative," is a multi-year plan to fix road and sidewalks, and make other aesthetic improvements including landscaping. Yakima will receive $4 million from the state construction budget and $870,000 from the state transportation budget for the downtown initiative. "This money is going to change downtown Yakima in a big way," said George Pechtel, a member of the North Front Street Merchants Association. "Our vision is to turn the downtown, particularly Historic North Front Street and Yakima Avenue, into a destination point for visitors and for people who live here. With the almost $5 million the legislature has provided, we'll be able to get a good start," said Pechtel. The 2005-2007 state transportation budget also includes about $2.5 million to help build railroad underpasses on Lincoln Avenue and "B" Street. That money will be combined with over $20 million for the underpasses already secured from other state and federal sources. Another $350,000 of state money was approved to pay part of the cost of adding another softball field to "The Gateway Sports Complex at Kiwanis Park' which will continue transformation of that facility into a premiere sports destination. $2 million was approved by the legislature for work related to improving the U.S. Highway 12/40th Avenue interchange. And, the City will receive about $150,000 in 2005 and about $300,000 in 2006 and thereafter as its share of one-half of 1% of the money raised through a gas tax increase approved by the legislature as part of the state budget. "Our legislative delegation, our Council, several community members and City staff put a lot of effort into this session to take Yakima's story to the legislature ture and the ., iv^-ry'ioia6ulc make case for state funding to help build our economy, create new jobs and make significant capital improvements to our streets and downtown," said City Manager Dick Zais. Another project critical to the Upper Valley, extension of Valley Mall Boulevard, will receive more ore than $24.6 million union dollars in state funding. The Vaiiey Mall Boulevard money was awarded due to the efforts of TRANS -action, a coalition of local governments working together on regional tray ib Jurtcttion issues. - end - Washington State 2005-2007 Biennial Budget City of Yakima Projects Funding Project • Yakima Downtown Futures Initiative • Yakima Downtown Futures Initiative • The Gateway Sport Complex at Kiwanis Park (4th softball field) ' Yakima Grade Separation (Underpasses) Project • U.S. Highway 12/40th Avenue Interchange Improvements Funding Amount $4,000,000 $870,000 $350,000 $2,500,000 $2,000,000 Total - $9,720,000 Other Yakima Area Funding Source State Construction Budget State Transportation Budget State Construction Budget State Transportation Budget State Transportation Budget Valley Mall Blvd. Extension • Transportation Improvements (one-half of 1% of gas tax increase shared by City of Yakima and Yakima County) $24,620,000 $150,000 (2005) $300,000 per year (2006 into future) State Transportation Budget State Transportation Budget 1 inch equals 500 feet Aerial Photo flown 4-29-(}4 Current Private investment Projects City of Yakima, WA Dept of Public Works 2301 Fro Ovate Boulevard Yakima, WA 98902 January, 2005 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. .12.' a For Meeting of: Tune 28, 2005 ITEM TITLE: Legislation regarding the Downtown Futures Initiatives Project (A) A resolution authorizing a Professional Services Agreement with Huibregtse Louman Associates (HLA) for Engineering Services (B) A resolution authorizing a Professional Services Agreement with G. H. Pechtel Corporation (GHPC) for project coordination services (C) An ordinance amending the 2005 budget and making an appropriation of $4,790,000 into the 321 CBD Central Business District (CBD) Improvement Fund (D) Establishing the City Council Downtown Yakima Futures Initiative Oversight Committee SUBMI ITED BY: Dick Zais, City Manager Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Kay Adams, City Engineer, 575-6111 Cindy Epperson, Financial Services Manager, 575-6070 SUMMARY EXPLANATION: Staff is pleased to bring to you a series of legislative items to begin implementing the actions contemplated in the Downtown Yakima Futures Initiative (DYFI). Through the tireless efforts of many who have sincere interest in the future of Yakima, the City has received grant funds totaling $4.79 million for the long-awaited renovation to our public walkways around the North Front Street Historic District (NFSHD) and along Yakima Avenue from Front Street east to 9th Street. The history of these improvements can be traced back to the mid-1960s and the Casperson Study of 1985. (See NFSHD design -theme manual attached.) (Continued on next page) Resolutions X Ordinance X Other (Specify) Contracts Funding Source: State CTED Grant ($3.92 millio ) and tate Gas Ta Revenue ($870,000) APPROVED FOR SUBMITTAL : �aCsZ� City Manager STAFF RECOMMENDATION: (A & B) Staff respectfully requests the City Council approve the resolutions authorizing execution of the Professional Services Agreements with Huibregtse, Louman Associates, Inc. and George H. Pechtel for the Old North Yakima National Historic District and Yakima Avenue Pedestrian Way Renovation Project. (C) Staff also requests Council adopts the ordinance at the June 28, 2005 meeting. (D) Finally, staff also requests the City Council establish the City Council Downtown Yakima Futures Initiative Oversight Committee. BOARD/COMMISSION RECOMMENDATION: (A) Resolution adopted. Resolution No. R-2005-102 COUNCIL ACTION: (B) Resolution adopted. Resolution No. R-2005-103 (C) First reading of ordinance; second reading scheduled 7-5-2005 (D) Appointments were made Downtown Yakima Futures initiative June 21, 2005 Page 2 Special recognition of the success of this four-year $17.7 million vision (see attached map) needs to go to Senator Alex Deccio, Representatives Mary Skinner a_nel Jim Clements, and Co acid Members for providing indispensable leadership on these matters. We have approximately two years to finish the work anticipated in this funding package. To assist us in meeting this timetable, two consulting services agreements are attached: 1) with HLA for design, engineering and construction management services, and 2) with G. H. Pechtel Corporation for project management coordination and adjunct staff support services relating to this project. When funding contracts are available from the Washington State Department of Transportation (WSDOT) ($R70,000 of new Gas Tax dollars) and $3,920,000 from the Washington State Department of Community Trade & Economic Development (C1'hD) they will be executed. The preliminary distribution of total grant funds is proposed to be $2.928 million for Yakima Avenue and $1.862 million for North Front Street Historical District, totaling $4.79 million (this includes the 2% deduction from the Cl'ED grant). Also included in this agenda item is the appropriation ordinance for the nearly$4.79million allowing � N d� and allocating receipt and expenditure of the reimbursable grants. Also included in this packet is the establishment of a Downtown Yakima Futures Initiative Oversight Committee of Council consisting of three Council members and an appropriate number of stakeholders. The first meeting of this group was held on June 14, 2005. (See attached minutes.) In order to maximize our ability to have the pedestrian way in front of the new Hilton Garden Hotel usable by its projected opening, HLA has been directed to perform work immediately under authority of a current contract (see attached). Staff wishes to remind Council of the vulnerable position the $870,000 grant from WSDOT is currently situated. The initiative to rescind the new gas tax regimen, if passed, will eliminate this funding and an alternative project scope must be created to accommodate the potential loss of this grant or alternative funding must be secured to complete the project objectives. (A) Consideration of a resolution authorizing a Professional Services Agreement with Huibregtse Louman Associates for engineering services. The attached resolution authorizes the City Manager to execute the attached Professional Services Agreement with Huibregtse Louman Associates for design, engineering, and construction management services for the North Front Street Historic District and Yakima Avenue (from Front Street to 9th Street) Pedestrian Corridor Improvements. The City of Yakima selected HLA from a pool of qualified consulting firms. The Interview Panel consisted of Craig Rath, David Picatti, Kay Adams, City Engineer, and Chris Waarvick, Director of Public Works. The attached agreement identifies the tasks and estimated costs for providing necessary engineering design, construction inspection and related services not to exceed $1,101,700. (B) Consideration of a resolution authorizing a Professional Services Agreement with G.H. Pechtel Corporation for project management coordination services. The attached resolution authorizes the City Manager to execute an agreement for project management/coordination and adjunct staff support services with George Pechtel of G. H. Pechtel Corporation. This individual has unique and significant knowledge of these projects, their history, and funding needs. He also is familiar with many of the stakeholders, other participants, and challenges as this project begins to move through its two-year project cycle. The "not to exceed" estimate for this contract is $170,000 over a two-year period. Tasks include Project Design Elements, Council/Citizen Committees, Public/Private meetings, Project Marketing/Public Relations, Project Scheduling, Business Downtown Yakima Futures Initiative June 21, 2005 Page 3 Communications, Written and Oral Reports, Securing Additional Project Funding, Project Management/Quality Control, Photo File, Ground Breaking/Completion Ceremonies for a total of 1,300 hours. The current project and work loads of existing City staff preclude expecting that we can take on the tremendous time it will take to work with all the property owners and stakeholders interested and affected by this project. George Pechtel interviewed with the HLA team, but the City has determined a separate and distinct contract would be more appropriate. (See supporting letters attached.) (C) An appropriation ordinance allocating $4,790,000 into the 321 CBD Capital Improvement Fund. This appropriation includes $870,000 Gas Tax money from WSDOT and $3.92 million from C IED into the 321 CBD Capital Improvement Fund. Contracts from CTED and WSDOT will be forthcoming in the near future. Please remember that a 2% fee is charged by CUED against the grant leaving $3.92 million from $4.0 million available for the project. (D) City Council Downtown Yakima Futures Initiative Oversight Committee City Council has expressed a desire to establish a Committee of the City Council to oversee the progress of this phase of the Downtown Yakima Future Initiative. The first meeting of this group met "unofficially" on June 14, 2005 at the Yakima Convention Center. The members of the oversight committee are included with this agenda packet. Council Members Bernie Sims, Neal McClure and Mayor Paul George attended the first meeting on June 14, 2005. This Committee will be supported by City staff and will meet approximately once a month. June 22, 2006 CHANGE ORDER NO. 1 PROJECT NAME: Pedestrian Way Improvements HLA PROJECT NO • 05046 OWNER. City of Yakima CONTRACTOR. MRM Construction Original Contract Price: $2,287,105 07 Current Contract Price Adjusted by Previous Change Order(s). --- Change in Contract Price Due to This Change Order. $32,430 16 Adjusted Contract Price Due to This Change Order: $2,319,535.23 Original Contract Completion Date. 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s). 11/30/06 Change in Contract Completion Date Due to This Change Order -0- days Revised Contract Completion Date. 11/30/06 CONTRACTOR: ®7(�i /A MC onstructi ENGINEER. OWNER. �f. Huibrese, Louman Associates, Inc City of Yakima Huibreatse. Lotman Associates, Inc, Date. 7—Z Date: 7-'6 -C1 June 22, 2006 City of Yakima Pedestrian Way Improvements HLA Project No. 05046 CHANGE ORDER NO. 1 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT Contractor shall accelerate his work schedule to complete the concrete sidewalk construction in front of the Hilton Hotel block by May 8th All additional costs for labor, shipping, and loss of productivity shall be documented and will be paid for by force account. No additional work days will be allowed for this change order. ITEM NO ITEM QUANTITY UNIT PRICE AMOUNT C1-1 Accelerated Hilton Block Work Schedule Lump Sum $32,430.16 $32,430.16 CHANGE ORDER NO. 1 SUBTOTAL $32,430 16 CHANGE ORDER NO. 1 TOTAL $32,430 16 Huibreatse. Lohman Associates. Inc. June 28, 2006 CHANGE ORDER NO. 2 PROJECT NAME. Pedestrian Way Improvements HLA PROJECT NO.: 05046 OWNER. City of Yakima CONTRACTOR: MRM Construction Original Contract Price. $2,287,105 07 Current Contract Price Adjusted by Previous Change Order(s). $2,319,535.23 Change in Contract Price Due to This Change Order. $5,471 93 Adjusted Contract Price Due to This Change Order. $2,325,007 16 Original Contract Completion Date: 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s). 11/30/06 Change in Contract Completion Date Due to This Change Order -0- days Revised Contract Completion Date: 11/30/06 CONTRACTOR. r� f Date. RM Constructs c ENGINEER. 44--- Date: 7 ' - i, Huibregtse, Louman Associates, Inc. OWNER. Date ��U‘`A City of Yakima Huihreatse. Lotman Associates. Inc. June 28, 2006 City of Yakima Pedestrian Way Improvements HLA Project No 05046 CHANGE ORDER NO. 2 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT. Contractor shall modify the colors used in each paver panel by replacing the color "Shadow" with a combination of two new colors "Red" and "Charcoal" All additional costs for extra shipping costs, returning materials, removal and replacing existing "Shadow" pavers, OHP, will be paid for under new contract item, "Paver Color Change", per lump sum. ITEM NO ITEM QUANTITY UNIT PRICE AMOUNT C2-1 Paver Color Change Lump Sum $5,471.93 $5,471 93 CHANGE ORDER NO 2 SUBTOTAL $5,471 93 CHANGE ORDER NO. 2 TOTAL $5,471.93 G:\PROJECTS\2005\05046\CHANGE ORDER2.DOC Huibreatse. Louman Associates. Inc. June 28, 2006 CHANGE ORDER NO. 3 PROJECT NAME. Pedestrian Way Improvements HLA PROJECT NO.: 05046 OWNER. City of Yakima CONTRACTOR. MRM Construction Original Contract Price. $2,287,105 07 Current Contract Price Adjusted by Previous Change Order(s): $2,325,007 16 Change in Contract Price Due to This Change Order. $5,402.00 Adjusted Contract Price Due to This Change Order. $2,330,409.16 Original Contract Completion Date 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s) 11/30/06 Change in Contract Completion Date Due to This Change Order: -0- days Revised Contract Completion Date. 11/30/06 CONTRACTOR. ENGINEER: OWNER. Constrpction Huibregt'se, Louman Associates, Inc. City of Yakima Huibreatse. Lotman Associates. Inc. Date Date 7-6 44) Date. -\\)y June 28, 2006 City of Yakima Pedestrian Way Improvements HLA Project No. 05046 CHANGE ORDER NO. 3 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT: Contractor shall furnish and install single and double planter fence panels (without planters) where detailed on attached detail. Payment will be made by the new contract items, "Single Fence Panel", per each and "Double Fence Panel" per each, which shall be full pay for all labor, materials, tools, and equipment necessary for the work described herein ITEM NO. ITEM QUANTITY UNIT PRICE AMOUNT C3-1 Single Fence Panel 2 Each $885.00 $1,770 00 C3-2 Double Fence Panel 2 Each $1,816 00 $3,632.00 CHANGE ORDER NO 3 SUBTOTAL $5,402.00 CHANGE ORDER NO 3 TOTAL $5,402.00 G:\PROJECTS\2005\05046\CHANGE ORDER3.doc Hnibreutse, Coonan Associates, Inc. June 28, 2006 CHANGE ORDER NO. 4 PROJECT NAME: Pedestrian Way Improvements HLA PROJECT NO. 05046 OWNER: City of Yakima CONTRACTOR- MRM Construction Original Contract Price $2,287,105.07 Current Contract Price Adjusted by Previous Change Order(s) $2,330,409 16 Change in Contract Price Due to This Change Order: $603.00 Adjusted Contract Price Due to This Change Order. $2,331,012.16 Original Contract Completion Date: 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s). 11/30/06 Change in Contract Completion Date Due to This Change Order: -0- days Revised Contract Completion Date: 11/30/06 CONTRACTOR. ENGINEER: OWNER: M Construction Inc.Huibreg t s, ts� Louman Associates, City of Yakima Huibreutse. Lotman Associates. Inc. Date: - `e) Date: --6 c) C Date: June 28, 2006 City of Yakima Pedestrian Way Improvements HLA Project No. 05046 CHANGE ORDER NO. 4 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT. Provide and install a separate irrigation valve box with one (1) 1 -inch control valve, wye filter, pressure valve, and Smart Valve Controller (1 Station ) branched off new irrigation service control valve box at corner of South 4th St and Yakima Avenue. Connect to the existing private irrigation line serving existing trees and grass along 4th St. in front of the Tower Bldg. Payment will be made by the new contract item, "Irrigation Work at Tower Bldg." per lump sum, which shall be full pay for all labor, materials, tools, and equipment necessary for the work described herein ITEM NO ITEM QUANTITY UNIT PRICE AMOUNT C4-1 Irrigation Work at Tower Bldg Lump Sum $603.00 $603 00 CHANGE ORDER NO 4 SUBTOTAL $603 00 CHANGE ORDER NO. 4 TOTAL $603.00 G:\PROJECTS\2005\05046\CHANGE ORDER4.doc Huibreatse. Lohman Associates. Inc. June 28, 2006 CHANGE ORDER NO. 5 PROJECT NAME: Pedestrian Way Improvements HLA PROJECT NO. 05046 OWNER: City of Yakima CONTRACTOR: MRM Construction Original Contract Price: $2,287,105 07 Current Contract Price Adjusted by Previous Change Order(s) $2,331,012 16 Change in Contract Price Due to This Change Order. $697 38 Adjusted Contract Price Due to This Change Order. $2,331,709 54 Original Contract Completion Date 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s): 11/30/06 Change in Contract Completion Date Due to This Change Order: -0- days Revised Contract Completion Date 11/30/06 CONTRACTOR: ENGINEER: OWNER: Date: Date• 7- e, - 06; s`e Louman Associates, ssociates, Inc. City of Yakima Huihreatse. Unman Associates_ Inc_ Date: r\-\\\\--\.\\'''\\ June 28, 2006 City of Yakima Pedestrian Way Improvements HLA Project No. 05046 CHANGE ORDER NO. 5 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT Contractor shall remove the existing mid -block street light in front of Vita Rug between 15t and 2"d Streets. Light pole, arm and luminaire shall be salvaged to the City of Yakima. The top of the foundation and junction box shall be removed and the existing wiring properly adjusted to maintain service to other lights. The existing banner shall be removed and installed on new banner pole in front of Hilton Hotel. Payment will be made by the new contract item, "Street Light Removal at Vita Rug", per lump sum, which shall be full pay for all labor, materials, tools, and equipment necessary for the work described herein ITEM NO. ITEM QUANTITY UNIT PRICE AMOUNT C5-1 Street Light Removal at Vita Rug Lump Sum $697 38 $697 38 CHANGE ORDER NO 5 SUBTOTAL $697 38 CHANGE ORDER NO. 5 TOTAL $697 38 G:\PROJECTS\2005\05046\CHANGE ORDER5.doc Huibreatse. Lotman Associates. Inc. July 3, 2006 CHANGE ORDER NO. 6 PROJECT NAME: Pedestrian Way improvements HLA PROJECT NO : 05046 OWNER: City of Yakima CONTRACTOR: MRM Construction Original Contract Price' $2,287,105.07 Current Contract Price Adjusted by Previous Change Order(s). $2,331,709.54 Change in Contract Price Due to This Change Order: $3,569.44 Adjusted Contract Price Due to This Change Order. $2,335,278.98 Original Contract Completion Date 11/30/06 Current Contract Completion Date Adjusted by Previous Change Order(s). 11/30/06 Change in Contract Completion Date Due to This Change Order: -1- days Revised Contract Completion Date: 12/1/06 CONTRACTOR: ENGINEER: OWNER: MRM Construction Date. Huibrefjtse, Louman Associates, Inc. City of Yakima Huibreatse. Louman Associates. Inc. Date. Date ���\ti July 3, 2006 City of Yakima Pedestrian Way Improvements HLA Project No 05046 CHANGE ORDER NO. 6 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENT' In lieu of the Haws Model 6625 valve box specified in contract provisions, provide and install a 12" x 12" Quazite enclosure for all four (4) drinking fountain locations. Modify the water services serving each drinking fountain by furnishing and installing a stop and drain valve, quick coupler, and 13" x 24" Quazite enclosure. Payment for the work described herein will be made by new contract item, "Drinking Fountain Modifications" per lump sum which will full pay for all costs including labor, materials, tools, and equipment. ITEM NO ITEM QUANTITY UNIT PRICE AMOUNT C6-1 Drinking Fountain Modifications Lump Sum $3,569 44 $3,569 44 CHANGE ORDER NO 6 SUBTOTAL $3,569.44 CHANGE ORDER NO. 6 TOTAL $3,569.44 G:\PROJECTS\2005\05046\CHANGE ORDER6.DOC Huibregtse, Lotman Associates, Inc.