HomeMy WebLinkAbout04/18/2023 06.K. Resolution authorizing an agreement with H.W. Lochner, Inc for the design of Bravo Company Boulevard Project 2337 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.K.
For Meeting of:April 18, 2023
ITEM TITLE: Resolution authorizing an agreement with H.W. Lochner, Inc for the
design of Bravo Company Boulevard Project 2337
SUBMITTED BY: Scott Schafer, Public Works Director
* Bill Preston, PE, City Engineer(509) 575-6754
SUMMARY EXPLANATION:
The redevelopment of the Cascade Mill site is an economic development priority of the City
Council. In May of 2021 , the City authorized an Agreement with H.W. Lochner, Inc. (R-2021-
064) to provide professional services for engineering and design of the roads and utilities to
facilitate the conversion of the former lumber and sawmill site to a mixed use area.
The 2021 Agreement with Lochner expired on 12/31/22 with remaining work still to be completed
and corresponding remaining funding. This new Agreement with H.W. Lochner, Inc. will utilize the
previous work that was done and complete the original scope of work. The Agreement is in an
amount not to exceed $257,176 and will utilize available funding from the previous
agreement. The professional services of this Agreement are eligible expenses that have been, and
will continue to be, reimbursed by the LIFT funding.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDAT ION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
0 rtesolution 3/30/2023 Resolution
❑ Lochner agreement 3/30/2023 Contract
d Appendix for Agreement 3/30/2023 Backup Material
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RESOLUTION NO. R-2023-
A RESOLUTION authorizing a Professional Services Agreement with H.W. Lochner, Inc. to
prepare civil engineering plans and specifications for the Bravo Company
Boulevard Project (PROJECT) 2337;
WHEREAS, on May 19, 2021 the City entered into an agreement with H.W. Lochner,
Inc. (R-2021-064) for the design of the PROJECT, and
WHEREAS, due to the various design changes in the PROJECT as directed by the City,
H.W. Lochner, Inc. was not able to complete the design by 12/31/2023 and the agreement
expired with a scope of work and corresponding funding remaining, and
WHEREAS, the City desires to complete the design utilizing the remaining scope of
work and funding, and
WHEREAS, H.W. Lochner, Inc. has provided a Scope of Work and fee included in this
Professional Services Agreement that meets the needs and requirements of the City of Yakima
for this PROJECT, and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to undertake the Bravo Company Boulevard Project and enter into a Professional
Services Agreement with H.W. Lochner, Inc. to do so; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with H.W. Lochner, Inc., attached hereto and incorporated herein by this reference, not to
exceed Two Hundred Fifty Seven Thousand, One Hundred Seventy Six Dollars ($257,176) to
provide for the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of April, 2023.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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AGREEMENT
BETWEEN
CITY OF YAKIMA,WASHINGTON
AND
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2023, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and H.W. Lochner, Inc with its
principal office at 915 118th Avenue SE, Suite 130 Bellevue, WA 98005, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide engineering services under this Agreement for Bravo Company Boulevard on behalf of
the City of Yakima, Project No. 2337, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge 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;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Aaron Butters as Principal-in-Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Bravo
Company Boulevard Design Scope of Services" (WORK) which is attached hereto and made a
part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
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. CITY may, at any time, by written 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."
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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 and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto
and incorporated herein by this reference, and if so authorized, shall be considered part of
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so
authorized by 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 the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
31. The term for this AGREEMENT shall be from the date of signature of both parties through
December 31, 2023.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 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 CITY deems
appropriate; and render in writing decisions required of 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 applicable
to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. 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 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.
4.5 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 professional
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 from them.
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SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
SECTION 6 COMPENSATION
6.1 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, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non-salary expenses.
6.1.1 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 plus a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are
shown in Exhibit B.
6.1.1.1 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 PROJECT WORK. 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 forty dollars ($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.
6.1.2 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.
6.1.3 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B.
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6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Two Hundred Fifty Seven Thousand, One Hundred Seventy Six Dollars
($257,176). The ENGINEER shall make all reasonable efforts to complete the WORK within the
budget and will keep 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, and provided that the City was informed in writing at the time such costs were
incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month 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 and details determined necessary
by the City to substantiate the costs incurred. 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. CITY will
notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any
item in an invoice, noting to 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 requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per month
or the maximum interest rate permitted by law, whichever is less; provided, however, that no
interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a
notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
6.5 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 CITY's written acceptance and after such audit or verification as CITY may deem necessary,
together with ENGINEER's execution and delivery of a release of all known payment claims against
CITY arising under or by virtue of this Agreement, other than such payment 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.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law,
nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault
of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall be responsible for the professional quality,technical adequacy and accuracy,
timely completion, and the coordination of all plans, designs, 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.
7.2 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. 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.
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7.3 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 CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and shall not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER's employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
7.4 INDEMNIFICATION AND HOLD HARMLESS:
7.4.1 ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend, and hold harmless
the City, its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related
to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors
or omissions of the ENGINEER, or any of ENGINEER's agent(s) or subcontractor(s), in
performance of this Agreement, except for claims caused by the City's sole negligence.
7.4.2 Industrial Insurance Ad Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State industrial
insurance act, Title 51 RCW, solely for the purposes of this indemnification. ENGINEER's
indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. ENGINEER shall require that its
subcontractors, and anyone directly or indirectly employed or hired by ENGINEER, and anyone
for whose acts ENGINEER may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and
assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
7.4.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the ENGINEER
and the City, the ENGINEER's liability, including the duty and cost to defend, shall be only to
the extent of the ENGINEER's negligence.
7.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or
a right of indemnification in any third party.
7.4.5 The terms of this Section shall survive any expiration or termination of this
Agreement.
7.5 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 specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
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7.6 It is understood that any resident engineering or inspection provided by 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. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the same
before it becomes due.
7.8 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 ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 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 attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) 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
or avoided.
8.2 Not later than the tenth (10th)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 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 CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. 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 limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
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9.2 The ENGINEER agrees that any and all 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 owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 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.
10.2 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.
10.3 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 ENGINEER's
written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and
against all claims, damages, losses, and expenses arising out of or resulting from the performance
of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than
those stated below, as applicable. The CITY reserves the right to require higher limits should it
deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits
than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and
Endorsements and ENGINEER shall be named as an additional insured for such higher limits.
Failure by the City to demand such verification of coverage with these insurance requirements or
failure of the City to identify a deficiency from the insurance documentation provided shall not be
construed as a waiver of ENGINEER's obligation to maintain such insurance. ENGINEER's
insurance coverage shall be primary insurance with respect to those who are Additional Insureds
under this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by
the City shall be in excess of the ENGINEER's insurance and neither the City nor its insurance
providers shall contribute to any settlements, defense costs, or other payments made by
ENGINEER's insurance.
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11.1.1 Commercial General Liability Insurance. Before this Agreement is fully
executed by the parties, ENGINEER shall provide the CITY with a certificate of
insurance as proof of commercial liability insurance and commercial umbrella
liability insurance with a total liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of
this Agreement. The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The
insured shall not cancel or change the insurance without first giving the CITY
thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ENGINEER does not own any vehicles, only"Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement, which is Section 10.1.1 entitled
"Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name the CITY, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty (30) calendar days prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide
and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars
($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The insured shall
not cancel or change the insurance without first giving the CITY thirty(30) calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
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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 elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, 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 that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hereunder, including the performance of WORK and payment of any
and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by 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 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.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 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.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER
shall comply with this request at once and shall not employ the subcontractor for any further WORK
under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs, executors,
administrators, successors and assigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER. It is expressly intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and 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.
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SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. 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. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. 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. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
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 ninety (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 Project in accordance with SECTION 17.
SECTION 18 TERMINATION OF WORK
18.1 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 and for cure with the terminating party
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.
18.2 In addition to termination under subsection 17.1 of this Section, 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 CITY before the effective termination date.
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18.3 If 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 CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to 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 CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if 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
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to 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.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 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 CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
18.8 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 CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first
pursue mediation as a means to resolve the dispute. If neither of the afore mentioned methods are
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with SECTION 14. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 20 NOTICE
20.1 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 (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
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CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn: Bill Preston
ENGINEER: H.W. Lochner, Inc
915 118th Avenue SE, Suite 130
Bellevue, WA 98005
Attn: Aaron Butters
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 All records in all formats relating to the WORK shall, at all times, be subject to inspection by and
with the approval of the City, but the making of (or failure or delay in making) such inspection or
approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance
with this Agreement, notwithstanding the City's knowledge of defective or non-complying
performance, its substantiality or the ease of its discovery. ENGINEER shall provide the City
sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City.
ENGINEER's records relating to the WORK will be provided to the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six (6)years
after final payment of the compensation payable under this Agreement, or for a longer period if
required by law or by the Washington Secretary of State's record retention schedule, ENGINEER
shall retain and provide the City access to (and the City shall have the right to examine, audit and
copy) all of ENGINEER's books, documents, papers and records which are related to the WORK
performed by ENGINEER under this Agreement. Prior to converting any paper records to
electronic format and/or destroying any records, ENGINEER shall contact CITY's Records
Administrator (509-575-6037) to discuss retention. In no event shall any record relating to the
WORK be destroyed without CITY consultation.
21.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced to
third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW,
or by law. All records relating to ENGINEER's services under this Agreement must be retained by
ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's
records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 ENGINEER agrees to perform all WORK 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, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful execution of the work.
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22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful execution of the work.
22.2.1 Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
22.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
22.2.3 ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
22.2.4 ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
22.2.5 Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it
is specifically understood and agreed that any such corporation will promptly take all
necessary measures to become authorized to conduct business in the City of Yakima, at
their own expense, without regard to whether such corporation is actually awarded the
contract, and in the event that the award is made, prior to conducting any business in the
City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42 USC 12101 et seq.). 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 WORK under this Agreement. In the event of the ENGINEER's noncompliance with the non-
discrimination clause of this contract or with any such rules, regulations, or orders, this Agreement
may be cancelled, terminated, or suspended in whole or in part and the ENGINEER may be
declared ineligible for any future City contracts.
23.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who
do not otherwise have access to compensation information, unless the disclosure is(a) in response
to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or(c) consistent with the contractor's
legal duty to furnish information.
23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
Page 13
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23.4 Agreement documents. This Agreement, the Request for Qualifications& Proposals No. N/A, titled
N/A Scope of Work, conditions, addenda, and modifications and ENGINEER's proposal (to the
extent consistent with Yakima City documents) constitute the Agreement Documents and are
complementary. Specific Federal and State laws and the terms of this Agreement, in that order
respectively, supersede other inconsistent provisions. These Agreement Documents are on file in
the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby
incorporated by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership or
control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it or its employees do not 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. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior written
authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the 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 either 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.
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not have
been reasonably anticipated or mitigated through acts of the ENGINEER; provided ENGINEER
notifies the City immediately in writing of such pending or actual delay. Normally in the event of
such delays, the date of delivery of WORK will be extended for a period of time equal to the time
lost due to the reason for delay.
23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
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23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
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
Bob Harrison Signature
Printed Name:. Printed Name:
Title: City Manager Title:
Date: Date:
Attest
City Clerk
Resolution: R-2023-
Contract 2023-
Page 15
18
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Bob Harrison 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.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument, and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 16
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EXHIBIT A
SCOPE OF WORK
Page 17
EXHIBIT B
Professional Fees
Page 18
21
EXHIBIT"C"
SCHEDULE OF RATES
Page 19
22
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TABLE OF CONTENTS
INTRODUCTION 1
Assumptions & Exclusions 1
Task 1: Project Management 2
TASK 2:PHASE 1-A:UTILITY DESIGN FOR SANITRARY SEWER AND DOMESTIC WATER FOR
SEGEMENTS ONE AND TWO FOR BRAVO COMPANY BOULEVARD 2
Task 3 phase 1-b: Final Submittal Bid-Ready Design and Bidding Support Bravo Company
Boulavard South of Railroad to Fair Avenue 3
3.1 Design CORRDINATION 3
3.2 final bid ready documents 3
3.3 Bidding Support Services 4
Task 4 PHASE 2: Bravo Company Blvd from railroad to N 7th street/east h street 4
4.1 design CORRDINATION 4
4.2 final bid ready documents 4
4.3 Bidding Support Services 5
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INTRODUCTION
The City of Yakima and Yakima County have been jointly working toward the redevelopment of the Boise
Cascade Mill Site and East-West Corridor Congestion Relief Project. In 2015, the City of Yakima completed
construction of the first of multiple stages to these projects, the Fair Avenue Roundabout and short
extension of Bravo Company Boulevard. In order for the new bridges over the Yakima River and 1-82 to
proceed (in coordination with a WSDOT project to add lanes to 1-82 and interchange ramps to the new 1-82
bridge), construction of the next phase of Bravo Company Boulevard must be completed for the bridges to
have a"touch down" point connected to the existing street system.
Because development of roads has been challenged by the location of waste deposits that include an old
municipal landfill and deposits of woody debris from the operations of the Boise Cascade Mill, the City has
expended considerable effort to develop a mitigation plan for those waste deposits. Until a determination
was made how to address construction of a road over the"landfill" area, design has proceeded under the
assumption that the underlying road bed would be good material. In 2018, a decision was made to remove
the waste material (both municipal waste and woody debris)entirely, from under the roadbed. In addition, in
2019, the City decided to amend the current design to include bicycle lanes along both Bravo Company
Boulevard and H Street extended.
This scope of services includes the design work necessary to both remove the waste material and redesign
the streets to accommodate bicycle lanes.
Outlined below are the scopes of services for the following elements of improvements to the Cascade Mill
District:
Phase IA: Prepare Ad Ready bid package for utility installation for sanitary sewer and domestic
water for Segments One and Two of Bravo Company Boulevard; Complete Phase 1A PSE for
advertisement. Work includes installing the underground water and sewer lines in Phase 1B
(south of the tracks) and Phase 2 (north of the tracks).
Phase 1B: Prepare Ad Ready bid package for Segment Two— Bravo Company Boulevard or
Cascade Mill Parkway (to be named in the future), connecting the proposed roundabout south of
the railroad tracks to the proposed roundabout north of the railroad tracks, including bicycle lanes
and extending a multi-purpose path to the Yakima Greenway Trail; and Complete Phase 1B PSE for
advertisement.
Phase Two: Prepare Ad Ready bid package for Segment One —Bravo Company Boulevard, from
the current terminus north of the Fair Avenue Roundabout, to the roundabout connecting Bravo
Company Boulevard to the East-West Corridor or Cascade Mill Parkway adding sufficient width to
incorporate a buffered bicycle lane.
ASSUMPTIONS & EXCLUSIONS
• Permits, right-of-entry, access, and utility notification is not within the scope of services provided by
the CONSULTANT;
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24
� 1� s Yakima Mill Site Redevelopment Design Services
•;k F>�! Scope of Services
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Exhibit A
• The City and/or County will coordinate directly with environmental agencies and the Yakima Indian
Nation;
• Prepare plans using AutoCAD Civil 3D;
• Reports and drawings provided under this contract will be provided in electronic format, including
PDF, Microsoft Office, and AutoCAD;
• Current roadway geometrics and grades will not change with the exception of roadway elements
that are affected by the addition of bicycle lanes;
• Work conducted within the City limits will meet City design standards;
• Bicycle lanes will be a total of 6-feet in width, the bicycle lanes will be 4-feet wide with a 2-foot wide
painted buffer next to the traffic edge line;
• Utilities will be as currently designed and not impacted by the addition of bicycle lanes;
• With the addition of bicycle lanes, 11-foot wide general purpose traffic lanes are acceptable to the
City;
• Plans, specifications, and contract documents, to the extent feasible,will be developed in
accordance with the latest edition and amendments of the following:
o Washington State Department of Transportation/American Public Works Associations,
2023 "Standard Specifications for Road, Bridge, and Municipal Construction";
o Washington State Department of Transportation, "Highway Design Manual"; and
o FHWA"Manual on Uniform Traffic Control Devices for Streets and Highways.
• Calculations, analyses, design, plans, specifications,and other project work will be prepared in
English units and the use of metric units will not be required;
• Lochner excludes Quality Control review of HLA design and engineering work but has required
HLA to submit a Quality Assurance/Quality Control (QA/QC) plan and certify they are in
compliance with that plan for each submittal;
• Construction Support Services are not included in this agreement.
TASK 1: PROJECT MANAGEMENT
The CONSULTANT will prepare up to six (6) monthly progress reports and invoices. Periodic coordination
with City staff, including up to six (6) monthly coordination meetings with no more than two (2)
CONSULTANT staff members in attendance (not including subconsultants as required).
DELIVERABLES:
• Monthly invoices and progress reports
TASK 2: PHASE 1-A: UTILITY DESIGN FOR SANITRARY SEWER AND DOMESTIC
WATER FOR SEGEMENTS ONE AND TWO FOR BRAVO COMPANY BOULEVARD
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•;k F>11! Scope of Services
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The CONSULTANT will prepare bid ready documents to redesign Bravo Company Boulevard, from the
current terminus north of the Fair Avenue Roundabout, to the roundabout connecting Bravo Company
Boulevard to the East-West Corridor or Cascade Mill Parkway.
For scope of services see HLA Scope of Work for Domestic Water and Sanitary Sewer System
Improvements 7th/H Street to Fair Avenue Roundabout Extension found in Appendix A
TASK 3 PHASE 1-B:FINAL SUBMITTAL BID-READY DESIGN AND BIDDING
SUPPORT BRAVO COMPANY BOULAVARD SOUTH OF RAILROAD TO FAIR
AVENUE
After the City has reviewed the PS&E Review Set submittal the CONSULTANT will finalize the plans and
contract documents for Bid Ready plans and contract document, and Engineer's Opinion of Probable Cost
and submit them to the City. For subconsultants services for utility design see HLA Scope of Services and
budget estimate in Appendix A.
3.1 DESIGN CORRDINATION
a.)Coordination design of utilities with finish grade of roadway surfaces. Update base project map
with Phase 1A as-builts. Coordinate final bid-ready package assembly.
3.2 FINAL BID READY DOCUMENTS
a.) Prepare Special Provisions and Bid Documents
The CONSULTANT will finalize the special provisions for items not included or revised from the
WSDOT 2020 Standard Specifications for Road, Bridges, and Municipal Construction. The
CONSULTANT will also complete the front-end bid documents for the project with templates
provided by the CITY.
b.) Prepare contract documents including updated GSPs from WSDOT and City of Yakima
c.) Prepare bid schedule to reflect quantities for Phase 1 B bid package.
d.)Adjust roadway design to be compatible with as-built survey of Phase 1A utilities
e.) Prepare Bid-Ready plan set for Phase 1 B advancing the 90% plans submitted to the CITY and
separating Ad ready plans a project phase line south of existing railroad.
f.) The CONSULTANT will prepare quantity takeoffs and update the opinion of probable
construction costs.
g.) The CONSULTANT will conduct an in-house quality review of the plans and specifications and
contract documents before they are submitted to the CITY.
h.) The CONSULTANT will revise documents based on QC review comments and combine disciple
design documents into one PS&E submittal package.
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,:41� s Yakima Mill Site Redevelopment Design Services
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'<<�/!F' Develop Bid Ready Contract Packaged for Phases IA, 1B and 2
Exhibit A
DELIVERABLES:
• PDF Electronic Copies of the final plans, specifications,contract documents and cost estimate
ready for printing.
3.3 BIDDING SUPPORT SERVICES
The CONSULTANT will provide assistance during the bidding process for this project. This work
will include the preparation of responses to bidder's questions, coordinating with designers, the
City. The Consultant will prepare up to one (1) contract addenda and respond up to six (6)
contractor RFIs during the bid phase
DELIVERABLES:
• Written response to bidder RFIs up to six (6)
• Contract Addenda up to one (1)
TASK 4 PHASE 2: BRAVO COMPANY BLVD FROM RAILROAD TO N 7TH STREET/
EAST H STREET
After the City has reviewed the PS&E Review Set submittal the CONSULTANT will finalize the plans and
contract documents for Bid Ready plans and contract document, and Engineer's Opinion of Probable Cost
and submit them to the City. For subconsultants services for utility design see HLA Scope of Services and
budget estimate in Appendix A.
4.1 DESIGN CORRDINATION
a.)Coordination design of utilities with finish grade of roadway surfaces. Update base project map
with Phase 1A as-builts. Coordinate final bid-ready package assembly(completed in Task 3.).
Coordinate additional of rail crossing signal into bid ready documents.
4.2 FINAL BID READY DOCUMENTS
a.) Prepare Special Provisions and Bid Documents
The CONSULTANT will finalize the special provisions for items not included or revised from the
WSDOT 2023 Standard Specifications for Road, Bridges, and Municipal Construction. The
CONSULTANT will also complete the front-end bid documents for the project with templates
provided by the CITY..
b.) Prepare contract documents including updated GSPs from WSDOT and City of Yakima.
c.) Prepare bid schedule to reflect bid items for Phase 2 bid package.
d.)Adjust roadway design to be compatible with as-built survey of Phase 1A utilities.
e.) Prepare Bid-Ready plan set for Phase 2 advancing the 90% plans submitted to the CITY and
separating Ad ready plans a project phase line south of existing railroad.
March 29, 2023 Page 1 4 L O C H N E R
27
�i1' Y: ",44
� 1� s Yakima Mill Site Redevelopment Design Services
•;k F>�! Scope of Services
<�/!F' Develop Bid Ready Contract Packaged for Phases 1A, 1B and 2
hi:r
f.) The CONSULTANT will prepare quantity takeoffs and update the opinion of probable
construction costs.
g.) The CONSULTANT will conduct an in-house quality review of the plans and specifications and
contract documents before they are submitted to the City.
h.) The CONSULTANT will revise documents based on QC review comments and combine disciple
design documents into one PS&E submittal package.
DELIVERABLES:
• PDF Electronic Copies of the final plans, specifications, contract documents and cost estimate
ready for printing.
4.3 BIDDING SUPPORT SERVICES
The CONSULTANT will provide assistance during the bidding process for this project. This work
will include the preparation of responses to bidder's questions, coordinating with designers, the
CITY. The Consultant will prepare up to one (1) contract addenda and respond to up to six (6)
contractor RFIs during the bid phase.
DELIVERABLES:
• Written response to bidder RFIs up to six (6)
• Contract Addenda up to one (1)
March 29, 2023 Page 1 5 L O C H N E R
28
City of Yakima Bravo Company Boulevard Design Services
Develop Bid Ready Contract Packaged for Phases 1A, 1 B and 2
City of Yakima
H. W. Lochner, Inc.
Direct Overhead Fixed Fee Loaded Total Total
Classification Rate 1.5909 0.3 Rate Hours Labor
Project Principal/Principal Engineer $ 82.82 $ 131.76 $ 24.85 $ 239.42 28 $ 6,704
Project Manager/Project Engineer $ 80.71 $ 128.40 $ 24.21 $ 233.32 94 $ 21,933
QC Manager/Project Engineer $ 50.49 $ 80.32 $ 15.15 $ 145.96 232 $ 33,863
Roadway Engineer III $ 43.27 $ 68.84 $ 12.98 $ 125.09 118 $ 14,761
Roadway Designer $ 46.50 $ 73.98 $ 13.95 $ 134.43 - $ -
Drafting $ 42.37 $ 67.41 $ 12.71 $ 122.49 - $ -
Administration Project Control $ 32.45 $ 51.62 $ 9.74 $ 93.81 6 $ 563
Subtotal Lochner Labor: 478 $ 77,823
20233ost of Living Increase 30.00% 6.00% $ 1,401
Total Lochner Labor Cost $ 79,224
Lochner Direct Expenses: Cost
Mileage
Travel $ -
Graphics/Reproduction
Postage/Shipping
Other Expenses $ -
Total Lochner Direct Expenses: $ -
Firm Total: H.W. Lochner, Inc. $ 79,224
Sub consultant Estimates: Cost
HLA-Water Sewer System $ 45,700
HLA- Bravo Company Blvd. Phase I $ 50,300
HLA-Bravo Company Blvd. Phase 2A $ 39,800
RANI $ 16,039
B&O Tax 1.8% $ 2,733
Total Subconsultants: $ 154,572
Management Reserve 10% $ 23,380
TOTAL FEE ESTIMATE $ 257,176
EXHI BIT D LOCHNER
3/29/2023
29
City of Yakima Bravo Company Boulevard Design Services
Develop Bid Ready Contract Packaged for Phases 1A,1B and 2
Task No.
1 Project Man agem ent
Progress Reports and Invoicing(6 Months) 6 6 12
Communication and Coordination with City of Yakima and
Yakima County 6 6 12
Sub-total of Task 1 12 6 0 0 6 241
Direct Labor 993.84 484.26 194.70
Overhead=1.5909 1,581.10 770.41 309.75
Profit=0.3000 298.15 145.28 58.41
Subtotal Labor Cost to Task 1 2,873.09 1,399.95 562.86 4,835.90
2 Project Phase 1A:Domestic Water and Sanitary Sewer System Improvements(N.7th Street/H Street to Fair Avenue Roundabout Extension)
HLA to Provide All Services to Phase 1A(see attached Exhibit)
3 Project Phase 1B:Bravo Company Blvd.(South of Railroad to Fair Avenue)-Final Submittal PS&E for Bid Ready
3.1 Coordination
a Coordination with HLA 6 6
3.2 Final Bid Ready Documents
a Prepare contract special provisions 12 32 44
b Prepare contract documents and GSPs 24 24
e Prepare bid schedule 4 6 10
d Incorporate utility as-builts from Phase 1A 2 2
e Prepare contract drawings 40 40
f Prepare Engineer's Opinion of Probable Cost 12 24 36
g Final QA/OC for Bid Ready Deliverables 8 8 8 4 28
h Prepare Bid Ready PS&E Package 4 4 32 40
3.3 Bid Support Services
a Prepare contract addenda 6 4 8 18
b Address bidder RFIs 8 4 12
Sub-total of Task 3 8 48 74 130 0 260
Direct Labor 662.56 3,874.08 3,201.98 6,563.70 -
Overhead=1.5909 1,054.07 6,163.27 5,094.03 10,442.19 -
Profit=0.3000 198.77 1,162.22 960.59 1,969.11 -
Subtotal Labor Cost to Task 3 1,915.39 11,199.58 9,256.60 18,975.00 - 41,346.58
4 Project Phase 2:Bravo Company Blvd.(North of Railroad to N.7th Street/H Street)-Final Submittal PS&E for Bid Ready
4.1 Coordination
a Coordination with HLA 6 6
4.2 Final Bid Ready Documents
a Prepare contract special provisions 6 16 22
b Prepare contract documents and GSPs 18 18
e Prepare bid schedule 4 4 8
d Incorporate utility as-builts from Phase 1B 0
e Prepare contract drawings 28 28
f Prepare Engineer's Opinion of Probable Cost 20 20
g Final 0A/DC for Bid Ready Deliverables 6 8 8 4 28
h Prepare Bid Ready PS&E Package 4 4 28 36
4.3 Bid Support Services
a Prepare contract addenda 6 8 14
b Address bidder RFIs 6 4 4 14
Sub-total of Task 4 8 40 44 102 0 194
Direct Labor 662.56 3,228.40 1,903.88 5,149.98 -
Overhead=1.5909 1,028.89 5,013.38 2,956.54 7,997.40 -
Profit=0.3000 306.61 1,493.99 881.05 2,383.23 -
Subtotal Labor Cost to Task 4 1,998.06 9,735.77 5,741.46 15,530.61 - 33,005.90
Total Hours 28 94 118 232 6 478'
Direct Labor $2,318.96 $7,586.74 $5,105.86 $11,713.68 $194.70
_ Overhead=1.5909 $3,689.23 $12,069.74 $8,122.91 $18,635.29 $309.75
Profit=0.3000 $695.69 $2,276.02 $1,531.76 $3,514.10 $58.41
Total Labor Cost $6,703.88 $21,932.51 $14,760.53 $33,863.08 $562.86 $ 77,823
EXHIBIT D 3l29l2023 L O C H N E R
30
SCOPE OF WORK
Bravo Company Blvd
Domestic Water and Sanitary Sewer System Improvements
7th/H Street to Fair Avenue Roundabout Extension
HLA Project No. 11062E
The City of Yakima (CITY) desires to construct domestic water and sanitary sewer system improvements
related to Bravo Company Boulevard as a standalone project. Approximately 5,300 linear feet of domestic
water system improvements and 5,000 linear feet of sanitary sewer system improvements are anticipated.
The new 4-lane roadway including sidewalks, street and pedestrian lights, storm drainage facilities,
landscaping, and other underground utilities will be constructed under separate bid at a later date.
HLA design completion includes plans for demolition, City domestic water, City sanitary sewer, and
temporary erosion and sediment control. Work also includes design and permitting for domestic water
and sanitary sewer railroad crossings.
HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional services to the CITY as a
sub-consultant to H.W. Lochner, Inc. (Lochner) as outlined in the Work Task descriptions below. The
following general provisions/assumptions have been made:
A. Work conducted will meet CITY design standards.
B. It is anticipated one (1) bid package will be prepared for all elements of the PROJECT, and the
deliverable date is June 30, 2023.
C. Plans, specifications, and contract documents, to the extent feasible, shall be developed in
accordance with the latest edition and amendments of the following:
1. Washington State Department of Transportation/American Public Works Associations,
"Standard Specifications for road, Bridge, and Municipal Construction";
2. Washington State Department of Transportation, "Standard Plans for Road and Bridge
Construction";
3. Washington State Department of Transportation, "Highway Design Manual"; and
4. FHWA"Manual on Uniform Traffic control Devices for Streets and Highways."
D. All calculations, analyses, design, plans, specifications, and other project work will be prepared in
English units. The use of metric units for any aspect of the work will not be required.
E. It is understood and agreed that tasks may be added or deleted from the scope of services by
mutual agreement between Lochner and HLA.
HLA Engineering and Land Surveying, Inc. (HLA) agrees to perform the following services:
I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE AND BIDDING SERVICES
A. PROJECT MANAGEMENT AND ADMINISTRATION
1. Provide complete PROJECT management to deliver the PROJECT within mutually
determined expectations.
2. Provide monthly status reports and invoices for work performed.
3. Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to one(1) meeting is
4. anticipated.
5. Prepare and maintain PROJECT schedule, to be updated monthly or as otherwise requested
by the CITY.
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Deliverables:
Monthly project invoices and status reports and for work performed.
Monthly project schedule update.
B. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (90%AND FINAL)
1. Notify utility companies of pending improvements and schedule.
2. Coordinate design plans with City Utility Divisions including Water and Irrigation and
Wastewater Collections.
3. Coordinate final utility crossing permits with Railroad.
4. Prepare Project Survey Control Plan.
5. Coordinate Contract Documents with Lochner.
6. Incorporate City's Contract Requirements.
7. Prepare final plans and specifications for bid call on the proposed work, as authorized by the
CITY including:
a. Demolition Plans
b. Domestic Water System Plans
c. Sanitary Sewer Plans
d. Temporary Erosion and Sediment Control Plans
8. Perform quality control and assurance review of all final documents.
9. Prepare the Engineer's Opinion of probable construction cost.
10. Provide final plans and specifications to the CITY in electronic format suitable for printing and
CITY's use at time of bid advertisement.
Deliverables:
Plans, specifications, and cost estimate in electronic format.
C. BIDDING SERVICES
1. Following receipt of authorization from the CITY, prepare advertisement for bids and provide
to CITY for use and implementation. CITY will transmit to selected newspaper(s) for
publication and advertising fees to be paid by the CITY.
2. Upon authorization from the CITY, furnish electronic copies of the final documents suitable
for bidding. It is anticipated that one (1) complete set of plans and specifications for one (1)
bid call/solicitation will be prepared. Six (6) printed copies of the contract documents will be
made for later distribution to the CITY and Contractor after contracts are awarded.
3. Post contract plans and specifications to the HLA website for bidding purposes.
4. Prepare and maintain plan holder list, including CITY staff, private utility companies,
OMWBE, plan centers, contractors, and material suppliers.
5. Answer and supply information as requested by prospective bidders.
6. Prepare and issue addenda to contract documents, if necessary.
7. Attend bid opening and participate in the bid evaluation process.
8. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
9. Make recommendation of construction contract award to the lowest responsible bidder.
10. Prepare Notice of Award and transmit to Contractor.
11. Coordinate execution of the Contract with the CITY and Contractor, including review of bond
and insurance requirements.
Deliverables:
Bid Advertisement
Final Documents in Electronic Format
Final Documents—six (6) printed copies
Bid Tabulation
Recommendation of Award
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Scope.Doc Page 2 of 2
32
II. CONSTRUCTION OBSERVATION AND ADMINISTRATION
Construction observation and administration services are anticipated to be provided by HLA
Engineering and Land Surveying, Inc. as an addendum to this agreement or by separate contract,
once final plans are prepared, City establishes an Advertisement date, the length of construction is
determined, and scope of work more clearly defined.
III. ADDITIONAL SERVICES
For services not included in the Scope of Work, the CITY may request the CONSULTANT complete
additional services, as mutually agreed, at the rates in effect at the time of service.
TIME OF PERFORMANCE:
I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE AND BIDDING SERVICES
All work described in Item A of the Scope of Services above shall begin upon authorization to
proceed and extend throughout the duration of the Agreement.
All work described in Item B of the Scope of Services above shall begin upon authorization to
proceed and be completed by June 30, 2023.
All work described in Item C of the Scope of Services above shall begin upon authorization to
advertise for bids and be completed within eight (8) weeks.
FEE FOR SERVICES:
For the services furnished by HLA as described above, Lochner agrees to pay HLA the fees as set forth
herein. The maximum amount listed below may be revised only by written agreement of both parties.
DESIGN ENGINEERING, PLANS, SPECIFICATIONS, AND ESTIMATE
All work described in the Scope of Services above shall be performed on an hourly basis for the
maximum amount of$45,700 (see attached fee summary).
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Scope.Doc Page 3 of 2
33
SCOPE OF WORK
Bravo Company Blvd Phase 1
North Side of Railroad Tracks (Sta. 53+50) to
Fair Avenue Roundabout Extension
HLA Project No. 11062E
The City of Yakima (CITY) desires to construct approximately 1,800 linear feet of Bravo Company Blvd.
(Phase 1 — North Side of Railroad Tracks (Sta. 53+50) to Fair Avenue Roundabout Extension). The new
roadway will be a 4-lane roadway including sidewalks on both sides, street and pedestrian lights, storm
drainage facilities, landscaping, and underground utilities.
The CITY recently directed separation of the domestic water system and sanitary sewer system
improvements into a separate bid package and requested fee updates for completion of Phase 1
improvements. HLA Phase 1 design completion includes plans for demolition, storm drainage design and
report, City irrigation transmission main, Fruitvale Canal piping, temporary erosion and sediment control;
and design and permitting for underground railroad crossings.
HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional services to the CITY as a
sub-consultant to H.W. Lochner, Inc. (Lochner) as outlined in the Work Task descriptions below. The
following general provisions/assumptions have been made:
A. Work conducted will meet CITY design standards.
B. It is anticipated one (1) bid package will be prepared for all elements of the PROJECT, and the
deliverable date is December 31, 2023.
C. Plans, specifications, and contract documents, to the extent feasible, shall be developed in
accordance with the latest edition and amendments of the following:
1. Washington State Department of Transportation/American Public Works Associations,
"Standard Specifications for road, Bridge, and Municipal Construction";
2. Washington State Department of Transportation, "Standard Plans for Road and Bridge
Construction";
3. Washington State Department of Transportation, "Highway Design Manual"; and
4. FHWA"Manual on Uniform Traffic control Devices for Streets and Highways."
D. All calculations, analyses, design, plans, specifications, and other project work will be prepared in
English units. The use of metric units for any aspect of the work will not be required.
E. It is understood and agreed that tasks may be added or deleted from the scope of services by
mutual agreement between Lochner and HLA.
HLA Engineering and Land Surveying, Inc. (HLA) agrees to perform the following services:
I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS,AND ESTIMATE
A. PROJECT MANAGEMENT AND ADMINISTRATION
1. Provide complete PROJECT management to deliver the PROJECT within mutually
determined expectations.
2. Provide monthly status reports and invoices for work performed.
3. Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to two (2) meetings are anticipated.
4. Prepare and maintain PROJECT schedule, to be updated monthly or as otherwise requested
by the CITY.
Deliverables:
Monthly project invoices and status reports and for work performed.
Monthly project schedule update.
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B. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (90%AND FINAL)
built survey of newly installed utilities and incorporate into plan set.
2. Notify utility companies of pending improvements and schedule.
3. Coordinate design plans with City Stormwater Collections division.
4. Coordinate final utility crossing permits with Railroad.
5. Confirm Storm Drainage Report based on final road design.
6. Prepare Project Survey Control Plan.
7. Coordinate Contract Documents with Lochner.
8. Incorporate City's Contract Requirements.
9. Prepare final plans and specifications for bid call on the proposed work, as authorized by the
CITY including:
a. Demolition Plans
b. Storm Drainage Plans
c. Irrigation Main Plans
d. Fruitvale Canal Piping Plans
e. Temporary Erosion and Sediment Control Plans
10. Perform quality control and assurance review of all final documents.
11. Prepare the Engineer's Opinion of probable construction cost.
12. Provide final plans and specifications to the CITY in electronic format suitable for printing and
CITY's use at time of bid advertisement.
Deliverables:
Plans, specifications, and cost estimate in electronic format.
C. BIDDING SERVICES
1. Following receipt of authorization from the CITY, prepare advertisement for bids and provide
to CITY for use and implementation. CITY will transmit to selected newspaper(s) for
publication and advertising fees to be paid by the CITY.
2. Upon authorization from the CITY, furnish electronic copies of the final documents suitable
for bidding. It is anticipated that one (1) complete set of plans and specifications for one (1)
bid call/solicitation will be prepared. Six (6) printed copies of the contract documents will be
made for later distribution to the CITY and Contractor after contracts are awarded.
3. Post contract plans and specifications to the HLA website for bidding purposes.
4. Prepare and maintain plan holder list, including CITY staff, private utility companies,
OMWBE, plan centers, contractors, and material suppliers.
5. Answer and supply information as requested by prospective bidders.
6. Prepare and issue addenda to contract documents, if necessary.
7. Attend bid opening and participate in the bid evaluation process.
8. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
9. Make recommendation of construction contract award to the lowest responsible bidder.
10. Prepare Notice of Award and transmit to Contractor.
11. Coordinate execution of the Contract with the CITY and Contractor, including review of bond
and insurance requirements.
Deliverables:
Bid Advertisement
Final Documents in Electronic Format
Final Documents—six (6) printed copies
Bid Tabulation
Recommendation of Award
II. CONSTRUCTION OBSERVATION AND ADMINISTRATION
Construction observation and administration services are anticipated to be provided by HLA
Engineering and Land Surveying, Inc. as an addendum to this agreement or by separate contract,
once final plans are prepared, City establishes an Advertisement date, the length of construction is
determined, and scope of work more clearly defined.
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35
III. ADDITIONAL SERVICES
For services not included in the Scope of Work, the CITY may request the CONSULTANT complete
additional services, as mutually agreed, at the rates in effect at the time of service.
TIME OF PERFORMANCE:
DESIGN ENGINEERING, PLANS, SPECIFICATIONS,AND ESTIMATE
All work described in Item A of the Scope of Services above shall begin upon authorization to
proceed and extend throughout the duration of the Agreement.
All work described in Item B of the Scope of Services above shall begin upon authorization to
proceed and be completed by December 31, 2023.
All work described in Item C of the Scope of Services above shall begin upon authorization to
advertise for bids and be completed within eight(8)weeks.
FEE FOR SERVICES:
For the services furnished by HLA as described above, Lochner agrees to pay HLA the fees as set forth
herein. The maximum amount listed below may be revised only by written agreement of both parties.
DESIGN ENGINEERING, PLANS, SPECIFICATIONS,AND ESTIMATE
All work described in Items A, B & C of the Scope of Services above shall be performed on an hourly
basis for the maximum amount of$50,300 (see attached fee summary).
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36
SCOPE OF WORK
Bravo Company Blvd Phase 2
7th/H Street to North Side of Railroad Tracks (Sta. 53+50)
HLA Project No. 11062E
The City of Yakima (CITY) desires to construct approximately 1,600 linear feet of Bravo Company Blvd.
(Phase 2—7th/H Street to North Side of Railroad Tracks (Sta. 53+50)). The new roadway will be a 4-lane
roadway including sidewalks on both sides, street and pedestrian lights, storm drainage facilities,
landscaping, and underground utilities.
The CITY recently directed separation of the domestic water system and sanitary sewer system
improvements into a separate bid package and requested fee updates for completion of Phase 2
improvements. HLA Phase 2 design completion includes plans for demolition, storm drainage design and
report, City irrigation transmission main, Fruitvale Canal piping, and temporary erosion and sediment
control.
HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional services to the CITY as a
sub-consultant to H.W. Lochner, Inc. (Lochner) as outlined in the Work Task descriptions below. The
following general provisions/assumptions have been made:
A. Work conducted will meet CITY design standards.
B. It is anticipated one (1) bid package will be prepared for all elements of the PROJECT, and the
deliverable date is June 30, 2024.
C. Plans, specifications, and contract documents, to the extent feasible, shall be developed in
accordance with the latest edition and amendments of the following:
1. Washington State Department of Transportation/American Public Works Associations,
"Standard Specifications for road, Bridge, and Municipal Construction";
2. Washington State Department of Transportation, "Standard Plans for Road and Bridge
Construction";
3. Washington State Department of Transportation, "Highway Design Manual"; and
4. FHWA"Manual on Uniform Traffic control Devices for Streets and Highways."
D. All calculations, analyses, design, plans, specifications, and other project work will be prepared in
English units. The use of metric units for any aspect of the work will not be required.
E. It is understood and agreed that tasks may be added or deleted from the scope of services by
mutual agreement between Lochner and HLA.
HLA Engineering and Land Surveying, Inc. (HLA) agrees to perform the following services:
I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE
A. PROJECT MANAGEMENT AND ADMINISTRATION
1. Provide complete PROJECT management to deliver the PROJECT within mutually
determined expectations.
2. Provide monthly status reports and invoices for work performed.
3. Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to two (2) meetings are anticipated.
4. Prepare and maintain PROJECT schedule, to be updated monthly or as otherwise requested
by the CITY.
Deliverables:
Monthly project invoices and status reports and for work performed.
Monthly project schedule update.
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B. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (90%AND FINAL)
built survey of newly installed utilities and incorporate into plan set.
2. Notify utility companies of pending improvements and schedule.
3. Coordinate design plans with City Stormwater Collections division.
4. Confirm Storm Drainage Report based on final road design.
5. Prepare Project Survey Control Plan.
6. Coordinate Contract Documents with Lochner.
7. Incorporate City's Contract Requirements.
8. Prepare final plans and specifications for bid call on the proposed work, as authorized by the
CITY including:
a. Demolition Plans
b. Storm Drainage Plans
c. Irrigation Main Plans
d. Fruitvale Canal Piping Plans
e. Temporary Erosion and Sediment Control Plans
9. Perform quality control and assurance review of all final documents.
10. Prepare the Engineer's Opinion of probable construction cost.
11. Provide final plans and specifications to the CITY in electronic format suitable for printing and
CITY's use at time of bid advertisement.
Deliverables:
Plans, specifications, and cost estimate in electronic format.
II. BIDDING, CONSTRUCTION OBSERVATION AND ADMINISTRATION
Bidding, and construction observation and administration services are anticipated to be provided by
HLA Engineering and Land Surveying, Inc. as an addendum to this agreement or by separate
contract, once final plans are prepared, City establishes an Advertisement date, the length of
construction is determined, and scope of work more clearly defined.
III. ADDITIONAL SERVICES
For services not included in the Scope of Work, the CITY may request the CONSULTANT complete
additional services, as mutually agreed, at the rates in effect at the time of service.
TIME OF PERFORMANCE:
DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE
All work described in Item A of the Scope of Services above shall begin upon authorization to
proceed and extend throughout the duration of the Agreement.
All work described in Item B of the Scope of Services above shall begin upon authorization to
proceed and be completed by June 30, 2024.
FEE FOR SERVICES:
For the services furnished by HLA as described above, Lochner agrees to pay HLA the fees as set forth
herein. The maximum amount listed below may be revised only by written agreement of both parties.
DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE, AND BIDDING
All work described in Items A & B of the Scope of Services above shall be performed on an hourly
basis for the maximum amount of$39,800 (see attached fee summary).
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City of Yakima 3/13/2023
Bravo Co.Blvd.-Domestic Water and Sanitary Sewer Systems Only
7th/H Street to Fair Avenue Roundabout Extension
HLA Engineering and Surveying,Inc.
HLA Project No.11062E
Labor Classification
Work Senior Principal Principal Licensed Project Contract Word CAD Principal Licensed Surveyor Surveyor Surveyor
Element Work Element Principal Engineer Engineer Engineer Engineer Admin. Process. Tech Surveyor Surveyor
Number $250.00 $223.00 $223.00 $201.00 $165.00 $151.00 $97.00 $145.00 $223.00 $181.00 $134.00 $134.00 $134.00
LA Project Management and Administration
A.1 Project Management and Coordination 4 3 3 $1,960.00
A.2 Monthly Status Reports and Invoices 3 3 $960.00
A.3 Meetings(est.1 ea) 2 2 2 2 $1,566.00
A.4 Project Schedule Updates 2 2 2 $1,140.00
$5,626.00
Labor Subtotal 8 10 2 8 2
I.B Design Engineering,Plans,Specifications,and Estimate(90%and Final)
B.1 Notify Utilities of Pending Improvements and Schedule 2 2 $776.00
B.2 Coordinate Plans with City Utilities(W&I,WW) 4 4 2 $1,842.00
B.3 Coordination w/Railroad for Final permits 4 4 2 $1,842.00
B.4 Survey Control Plan 4 2 6 $2,112.00
B.5 Coordinate Contract Documents with Prime 2 4 4 2 4 $2,826.00
B.6 Incorporate City's Contract Requirements 4 2 2 $1,416.00
B.7 Prepare Final Plans and Specifications
a. Demolition Plans 4 8 2 $2,502.00
b. Domestic Water System Plans 1 4 8 4 $3,042.00
c.Sanitary Sewer Plans 1 4 8 4 $3,042.00
d.Temporary Erosion and Sediment Control Plans 2 6 2 $1,726.00
B.8 Quality Control and Document Coordination 2 8 4 4 2 2 $4,032.00
B.9 Prepare Final Estimate of Probable Cost 2 8 6 2 $3,564.00
B.10 Prepare Reproducible Copy of Contract Documents 2 4 $774.00
Labor Subtotal 8 40 8 0 56 4 8 32 2 6 0 0 0 $29,496.00
I.0 Bidding Services
C.1 Prepare Advertisement for Bids 1 1 $320.00
C.2 Furnish Electronic Copies of Final Bid Documents 2 2 4 $1,104.00
C.3 Post Contract Documents to HLA Website for Bidding 1 1 $242.00
C.4 Maintain Planholder List 2 $194.00
C.5 Answer and Supply Information to Bidders 4 2 1 $1,319.00
C.6 Prepare and Issue Addenda 1 6 6 3 3 $3,304.00
C.7 Attend Bid Opening and Evaluate Bids 1 2 2 2 $1,328.00
C.8 Prepare Tabulation of Bids 2 4 $934.00
C.9 Make Recommendation of Award 1 1 $374.00
C.10 Prepare Notice of Award 1 1 $374.00
C.11 Coordinate Contract Execution between CITY/Contractor 1 1 4 $1,077.00
$10,520.00
Labor Subtotal 3 16 0 0 14 12 10 8 0 0 0 0 0
I.D Expenses
Expenses: Cost/Unit Miles
Mileage $0.63 0 $0.00
Sub-Total $45,692.00
0.00% Escalation/Assumes all work in 2023 $0.00
Water&Sewer Only Total $45,700.00
City of Yakima 3/23/2023
Bravo Co.Blvd.-Phase 1 Design Completion
North Side of RR Tracks(Sta.53+50)to Fair Avenue Roundabout Extension
HLA Engineering and Surveying,Inc.
HLA Project No.11062E
Labor Classification --....--
Work Senior Principal Principal Licensed Project Contract Word CAD Principal Licensed Surveyor Surveyor Surveyor
Element Work Element Principal Engineer Engineer Engineer Engineer Admin. Process. Tech Surveyor Surveyor
Number $250.00 $223.00 $223.00 $201.00 $165.00 $151.00 $97.00 $145.00 $223.00 $181.00 $134.00 $134.00 $134.00
I.A Project Management and Administration
A.1 Project Management and Coordination 4 4 4 $2,280.00
A.2 Monthly Status Reports and Invoices 4 4 $1,280.00
A.3 Meetings(est.2 ea) 4 4 4 4 $3,132.00
A.4 Project Schedule Updates 2 4 2 $1,586.00
$8,278.00
Labor Subtotal 10 16 0 0 4 0 10 4 0 0 0 0 0
I.B Design Engineering,Plans,Specifications,and Estimate(Stormwater and Irrigation)
B.1 $1172-53,00
8.2 Notify Utilities of Pending Improvements and Schedule 2 2 2 $1,066.00
B.3 Coordinate Plans with City Utilities(Storm and Irrigation) 4 4 2 $1,842.00
B.4 Coordination w/Railroad for Final permits 2 4 2 $1,396.00
B.5 Confirm Storm Drainage Report Based on Final Road Design 2 4 2 $1,300.00
B.6 Survey Control Plan 1 4 4 $1,469.00
B.7 Coordinate Contract Documents with Prime 4 6 4 2 6 $4,062.00
8.8 Incorporate City's Contract Requirements 2 2 2 $942.00
B.9 Prepare Final Plans and Specifications
a. Demolition Plans 2 4 4 $1,686.00
b. Storm Drainage Plans 1 4 8 4 $3,042.00
c. Irrigation Main Plans 4 6 4 $2,462.00
d. Fruitvale Canal Piping Plans 1 4 8 4 $3,042.00
e.Temporary Erosion and Sediment Control Plans 2 2 4 $1,356.00
B.10 Quality Control and Document Coordination 2 8 4 4 2 2 2 $4,394.00
B.11 Prepare Final Estimate of Probable Cost 2 8 8 4 $4,184.00
B.12 Prepare Reproducible Copy of Contract Documents 2 4 $774.00
$33,017.00
Labor Subtotal 10 42 8 0 S9 6 10 46 0 6 0 0 0
I.0 Bidding Services
C.1 Prepare Advertisement for Bids(Lochner) 1 $223.00
C.2 Furnish Electronic Copies of Final Bid Documents(Lochner) 2 2 4 $1,104.00
C.3 Post Contract Documents to HLA Website for Bidding 1 1 $242.00
C.4 Maintain Planholder List 2 $194.00
C.5 Answer and Supply Information to Bidders 3 2 1 $1,096.00
C.6 Prepare and Issue Addenda(Utilities Only) 1 4 4 2 3 $2,431.00
C.7 Attend Bid Opening and Evaluate Bids 1 2 2 2 $1,328.00
C.8 Prepare Tabulation of Bids 2 4 $934.00
C.9 Make Recommendation of Award(by Lochner) $0.00
C.10 Prepare Notice of Award 1 1 $374.00
C.11 Coordinate Contract Execution between CITY/Contractor 1 1 4 $1,077.00
$9,003.00
Labor Subtotal 3 12 0 0 12 11 8 8 0 0 0 0 0
I.D Expenses
Expenses: Cost/Unit Miles
Mileage $0.63 0 $0.00
Sub-Total $50,298.00
0.00% Escalation/Assumes all work in 2023 $0.00
Phase 1 Total $50,300.00
City of Yakima 3/23/2023
Bravo Co.Blvd.-Phase 2 Design Completion
Approx.7th/H Street to North Side of RR Tracks(Sta.53+50)
HLA Engineering and Surveying,Inc.
HLA Project No.11062E
Labor Classification
Work Principal Principal Licensed Licensed Project Contract Word CAD Principal Licensed Surveyor Surveyor Surveyor
Element Work Element Engineer Engineer Engineer Engineer Engineer Admin. Process. Tech Surveyor Surveyor
Number $250.00 $223.00 $201.00 $201.00 $165.00 $151.00 $97.00 $145.00 $223.00 $181.00 $134.00 $134.00 $134.00
I.A Project Management and Administration
A.1 Project Management and Coordination 6 6 4 $3,226.00
A.2 Monthly Status Reports and Invoices 6 6 $1,920.00
A.3 Meetings(est.2 ea) 4 4 4 4 $3,132.00
A.4 Project Schedule Updates 4 6 4 $2,726.00
$11,004.00
Labor Subtotal 14 22 0 0 4 0 14 4 0 0 0 0 0
I.B Design Engineering,Plans,Specifications,and Estimate(Stormwater and Irrigation)
i
B.2 Notify Utilities of Pending Improvements and Schedule 2 2 $776.00
B.3 Coordinate Plans with City Utilities(Storm and Irrigation) 2 4 2 $1,396.00
B.4 Confirm Storm Drainage Report Based on Final Road Design 2 4 2 $1,300.00
B.5 Survey Control Plan 1 4 4 $1,469.00
B.6 Coordinate Contract Documents with Prime 2 4 4 2 6 $3,116.00
B.7 Incorporate City's Contract Requirements 2 2 2 $942.00
B.8 Prepare Final Plans and Specifications
a. Demolition Plans 2 2 2 $1,066.00
b. Storm Drainage Plans 1 4 6 4 $2,712.00
c. Irrigation Main Plans 4 6 4 $2,462.00
d. Fruitvale Canal Piping Plans 1 4 6 4 $2,712.00
e.Temporary Erosion and Sediment Control Plans 2 2 2 $1,066.00
B.9 Quality Control and Document Coordination 2 8 4 4 2 2 2 $4,218.00
B.10 Prepare Final Estimate of Probable Cost 2 6 6 4 $3,408.00
B.11 Prepare Reproducible Copy of Contract Documents 2 4 $774.00
Labor Subtotal 8 34 8 0 47 6 10 38 0 6 0 0 0 $27,417.00
I.0 Bidding Services (To be added at a later date)
C.1 Prepare Advertisement for Bids(Lochner) $0.00
C.2 Furnish Electronic Copies of Final Bid Documents(Lochner) $0.00
C.3 Post Contract Documents to HLA Website for Bidding $0.00
C.4 Maintain Planholder List $0.00
C.5 Answer and Supply Information to Bidders $0.00
C.6 Prepare and Issue Addenda(Utilities Only) $0.00
C.7 Attend Bid Opening and Evaluate Bids $0.00
C.8 Prepare Tabulation of Bids $0.00
C.9 Make Recommendation of Award(by Lochner) $0.00
C.10 Prepare Notice of Award $0.00
C.11 Coordinate Contract Execution between CITY/Contractor $0.00
$0.00
Labor Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0
I.D Expenses
Expenses: Cost/Unit Miles
Mileage $0.63 0 $0.00
Sub-Total $38,421.00
7.00% Escalation-Assumes 50%work in 2024 $1,345.00
Phase 2 Total $39,800.00