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HomeMy WebLinkAboutR-2011-135 Cascade Mill Redevelopment - Fair Avenue Extension Project Eng. Consult. Agreement with H. W. Lochner, Inc.RESOLUTION NO. R-2011-135 A RESOLUTION authorizing the City Manager to execute an Engineering Consultant Agreement with H. W. Lochner, Inc., in an amount not to exceed $1,164,000, for the Cascade Mill Redevelopment — Fair Avenue Extension Project. This resolution also authorizes the City Manager to execute other contacts and agreements required for this project. WHEREAS, the City has the potential to receive up to $25,000,000 in Local Infrastructure Financing Tool (LIFT) funding to construct public infrastructure that will aid the redevelopment of the Boise Cascade Sawmill Site; and WHEREAS, to initiate design of Phase 1, the City has received $500,000 from Yakima County SIED funds and will receive $625,000 in LIFT revenue beginning September 2011. WHEREAS, due to the complexity of the project and expertise required, it is necessary to hire an engineering consulting firm; and WHEREAS, the City utilizes the Municipal Research and Services Center of Washington (MRSC) roster of consultants whose statement of qualifications represent that they have the expertise necessary to perform the services required by the City; and WHEREAS, the City interviewed three consultant Design Teams who had submitted Statements of Qualifications that justified that they were qualified to do this work, and H. W. Lochner, Inc. scored the highest; and WHEREAS, the City Council deems it to be in the best interests of the City to contract with H. W. Lochner, Inc. to perform the engineering services required for the Cascade Mill Redevelopment — Fair Avenue Extension Project; and WHEREAS, other contracts and agreements could be required for the development of this project; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Engineering Consultant Agreement with H. W. Lochner, Inc., in an amount not to exceed $1,164,000, for the Cascade Mill Redevelopment — Fair Avenue Extension Project. The City Manager is also authorized to execute other contracts and agreements, as required, for the execution of the work related to this project. The form of said agreement shall be reviewed and approved by the City Attorney or his designee. ADOPTED BY THE CITY COUNCIL this 6th day of September, 2011. 414.4A Micah D. Cawley, Mayor { AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND H.W. LOCHNER, INC. FOR PROFESSIONAL SERVICES OCIR THIS AGREEMENT, made and entered into on this day of "--1'' , 2011, by and between the City of Yakima, Washington, a municipal corporation with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and H. W. Lochner, Inc. with an office at 400 — 108th Avenue NE, Suite 401, Bellevue, Washington, and which corporation and its principal engineers performing this Agreement are licensed and registered to do business in the State of Washington, hereinafter referred to as "ENGINEER," for FAIR AVENUE EXTENSION PROJECT — PHASE 1 herein called 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, Stephen G. Lewis, AICP as Principal -In -Charge and Alan O. King, P.E. as Project Manager 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 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1: 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 WORK TASKS 1 through 7 in EXHIBIT A - SCOPE OF SERVICES 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 services beyond the scope of PROJECT WORK. Such Page 1 Agreement between City of Yakima and H. W. Lochner for Professional Services changes hereinafter shall be referred to as "Additional Services," as described in WORK TASK 8 in EXHIBIT A - SCOPE OF SERVICES. 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEERS 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. 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 A: WORK TASK 8, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until specifically authorized by CITY and agreed to by the ENGINEER in writing (an emailed PDF copy of a letter providing specific direction to proceed will be considered as written authorization). 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 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: Subject to paragraph 3.1.1, 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. 3.1.1 Confidential Documents: The CITY has, or may come to have, certain confidential documents that have been prepared, or may be prepared, in reasonable anticipation of litigation, or are otherwise protected from disclosure by law. ENGINEER agrees to keep confidential and not disseminate or rely on to any third party any documents provided by the CITY to ENGINEER and marked "CONFIDENTIAL," without the prior written approval of the CITY. In this regard, ENGINEER agrees to inform each of its employees or agents performing services under this Agreement of the confidentiality obligations set forth herein. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEERS performance of its services consistent with and subject to an agreed written Access Agreement with the property owner for non -City owned property or rights-of-way. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as 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 for its profession. 3.4 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. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties Page 2 Agreement between City of Yakima and H. W. Lochner for Professional Services and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy arid the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in EXHIBIT A. The time for completion is defined in EXHIBIT A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION FOR EXHIBIT A: For the services described in EXHIBIT A: WORK TASKS 1 through 8, compensation shall be on a time spent basis plus reimbursement for direct non -salary expenses. The maximum amount of compensation to the ENGINEER for services described in WORK TASKS 1 through 7 shall not exceed One Million Eight Thousand One Hundred Thirty Three Dollars ($1,008,314) as shown in EXHIBIT B - SCHEDULE OF SPECIFIC HOURLY RATES, attached hereto and incorporated herein by this reference without the written agreement of the CTY and the ENGINEER. Additional Services as described in WORK TASK 8 shall not exceed One Hundred Fifty Five Thousand Dollars ($155,000) without the written agreement of the CITY and the ENGINEER. Hourly rates for the ENGINEER and anticipated Subconsultants shall be on a negotiated rates basis as shown on EXHIBIT B. These hourly rates shall be subject to periodic modifications based on annual adjustments in individual employee salaries. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges and on the basis of current rates when fumished by ENGINEER. 5.1.1.1 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. 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the EXHIBIT B - SCHEDULE OF SPECIFIC HOURLY BILLING RATES. Page 3 Agreement between City of Yakima and H. W. Lochner for Professional Services 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of 1.018 times the actual costs billed by the Professional Subconsuftant for services provided to the CITY through this Agreement and the mandatory State of Washington Business and Occ:upation Tax at 1.8%. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT as noted in Section 5.1 above shall not exceed the amounts set forth without the written agreement of the CITY and the ENGINEER. The ENGINEER will make 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. 5.3 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 determined by the CITY necessary 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 required. 5.4 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 (61) 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). 5.5 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 written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER 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. 5.6 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 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services fumished by the ENGINEER under this Agreement. The ENGINEER Page 4 Agreement between City of Yakima and H. W. Lochner for Professional Services shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 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. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of 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 will 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 employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: 6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, and employees (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER'S performance under this Agreement, or the ENGINEER'S subcontractors performance of this agreement. In the event that any lien is placed upon the CITY'S property or any of the CITY'S officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 6.4.2 CITY agrees to indemnify, defend, and hold the ENGINEER harmless from Toss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such Toss, cost, or expense resulting from injuries to persons or damages to property, caused by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. 6.4.3 If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 6.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER Page 5 Agreement between City of Yakima and H. W. Lochner for Professional Services or a subcontractor under workers' or workmen's' 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 as evidenced by their specific and express initialing of this paragraph. ENGINEER'S INITIALS CITY'S INITIALS 6.6 It is understood that any resident engineering or inspection provided by 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 compliance by contractors with laws and regulations. CIT( 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 contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER'S professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (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. 7.2 Not later than the tenth (10) 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 request of the CITY for presentation to other governmental agencies and/or to the public. SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments or 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, Page 6 Agreement between City of Yakima and H. W. Lochner for Professional Services and costs including, but not limited to, litigation expenses and attomey'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 where caused by the ENGINEER'S own negligent acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. 8.3 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 9 AUDITS AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S duly authorized representative shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the. ENGINEER. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the PROJECT. 9.5 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 10 INSURANCE 10.1 At all times during performance of the WORK, ENGINEER shall secure and maintain in effect insurance to protect the CITY and 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 that 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. 10.1.1 Commercial General Liability Insurance. Before this Contract 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 minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Five Million Dollars ($5,000,000.00) Page 7 Agreement between City of Yakima and H. W. Lochner for Professional Services 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 Contract. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will 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. 10.1.2. Commercial Automobile Liability Insurance 10.1.2.1 If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, the 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 minimum liability limit 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. 10.1.2.2 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 Liability Insurance". 10.1.2.3 Under either situation described in Section 10.1.2.1 and Section 10.2.1.2 above, 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 officials, officers, agents, employees, and volunteers and additional insureds, and shalt contain a clause that the insurer will 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. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by State law. 10.1.4. Professional Liability Coverage. Before this Agreement 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 minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) 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 Agreement. The policy shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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 Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance. None of the policies issued Page 8 Agreement between City of Yakima and H. W. Lochner for Professional Services 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. 10.1.5 Coverages and (Limits. The insurance shall provide the minimum coverages and limits set forth above. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 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 subconsu►tant 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. 11.3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below: • Huibregtse, Louman Associates, Inc. • Hough Beck & Baird Inc. • HWA Inc. • SLR International Corp. 11.4 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. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. 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 13 INTEGRATION 13.1 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. SECTION 14 JURISDICTION AND VENUE 14.1 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 of all disputes shall be Yakima County, State of Washington. Page 9 Agreement between City of Yakima and H. W. Lochner for Professional Services SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, neither ENGINEER nor any of ENGINEER'S subcontractors or subconsultants shall 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 16 SUSPENSION OF WORK 16.1 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 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 17 TERMINATION OF WORK 17.1 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, retum 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. 17.2 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 termination. 17.3 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. Page 10 Agreement between City of Yakima and H. W. Lochner for Professional Services 17.4 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 assurne said commitments. 17.5 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. 17.6 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. 17.7 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. 17.8 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 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation 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 the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the Yakima Superior Court in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19.1 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. CITY: City of Yakima 129 North 2nd Street Yakima, VVA 98901 Attn: Donald B. Cooper, City Manager ENGINEER: H. W. Lochner, Inc. 400 108th Ave. NE, Suite 400 Bellevue, WA 98004 Attn: Stephen G. Lewis, AICP, Vice -President Page 11 Agreement between City of Yakima and H. W. Lochner for Professional Services Section 20 CONFLICTS 20.1 ENGINEER agrees that its work under this Agreement is for the CITY and is done at the CITY'S direction, and that in the course of that work, the CITY may share with ENGINEER documents or information that are confidential or privileged, and ENGINEER will not reveal to any other person, except as authorized by the CITY or required by law, any such confidential or privileged documents or information. In this regard, ENGINEER agrees to inform each of its employees or agents performing services under this Agreement of the confidentiality obligations set forth herein. 20.2 ENGINEER agrees that during the term of this Agreement, ENGINEER will not knowingly undertake to perform any services or other work adverse to the CITY without the CITY's written consent. 20.3 ENGINEER further agrees that it will not undertake to perform any services for another person or entity that concems the same or substantially related subject matter as is covered by this Agreement, or otherwise related to the former municipal landfill property, without the prior written consent of the CITY. The terms of this paragraph shall survive termination of this Agreement. Page 12 Agreement between City of Yakima and H. W. Lochner for Professional Services 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 Printed Name: Donald B. Cooper Title: City Manager Date: `(q 1 1( H. W. LOCHNER, INC. Signatu Printed Name: Jorge Garcia, PE Title: Vice -President Date: c( -s �l Deborah Kloster, City Clerk City Contract No. a�O(I — 73 Resolution No. e" >oU U i 35 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that DONALD B. COOPER 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: ` (a _ 11 Seal or Stamp (Signature) Title Swin- Printed Name My commission expires: Page 13 Agreement between City of Yakima and H. W. Lochner for Professional Services STATE OF WASHINGTON COUNTY OF Kc Y.sy ) ss. I certify that I know or have satisfactory evidence that JORGE GARCIA, PE, 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 VICE-PRESIDENT OF H. W. LOCHNER, INC. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: °El I20[I Seal or Stamp "NOTARY d.►• ;•., PueL, # 146t)Let. Ake, (Signature) Title folAskra L. Lake Printed Name My commission expires: 10/61 / 24"1 2 - Page Page 14 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued EXHIBIT A - SCOPE OF SERVICES The City of Yakima (CITY) desires to construct public infrastructure improvements to encourage high level development in the Cascade Mill District that will increase local jobs, and increase the economic activity within the City of Yakima and the surrounding Yakima County. The FAIR AVENUE EXTENSION PROJECT — PHASE 1 (PROJECT) shall include the following elements: • Conceptual engineering design of roadway and CITY utility improvements from the Lincoln Avenue and Martin Luther King Jr. Boulevard couplet (COUPLET) on the south to North 1st Street in the vicinity of R Street. • Engineering design of roadway and CITY utilities improvements from the COUPLET on the south to the proposed new East-West Connector (approximately H Street) on the north. The roadway improvements contemplate construction of a boulevard -style four or five lane arterial with roundabouts at the south and north intersections and extensive landscape elements. The project improvements will include new hot mix asphalt pavement, curbs and gutters, sidewalks, illumination, pavement markings, storm drainage, sanitary and industrial sewer mains, potable water mains, and landscaping. H. W. Lochner Inc. (ENGINEER) shall provide professional services to the CITY for the PROJECT as outlined in the Work Tasks descriptions below. The following general provisions/assumptions have been made: A. This scope of work is premised on a notice -to -proceed date of approximately September 7, 2011, with a 9 -month project duration for design, environmental review, and permitting activities, subject to review and approval times of regulatory agencies. B. Work conducted within the CITY limits will meet CITY design standards. 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 Association, "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"; 4) FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways"; and 5) Washington State Department of Ecology, "Stormwater Management Manual for Eastem Washington." D. All calculations, analyses, design, plans, specifications, and other project work will be prepared in English units. The use of rnetric units for any aspect of the work will not be required. E. Reports and drawings provided under this contract will also be provided in electronic format, including PDF, Microsoft Office, and AutoCAD: Page 15 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued F. Mitigation designs for wetland impacts and other environmental impacts will be included as "Additional Services" under Work Task 8 herein, or as an amendment to this PROJECT after the level of impacts are identified. G. The CITY will advertise for construction bids and will print and distribute bid documents. H. The professional services fee and drawing list contained herein assume that one bid package will be prepared for the street and utility improvements construction on this PROJECT. Future phases will be established for the final design and supporting services to implement the remaining sections of Fair Avenue and related CITY infrastructure projects within the Cascade Mill District Site. Construction phase services may be added as a supplement to this agreement. I. ENGINEER will provide the CITY with plans and specifications for review at approximately the 30% and 70% completion stages. In addition, the ENGINEER shall maintain continuous routine communication with the CITY throughout the duration of the project. J. It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement of the CITY and ENGINEER. WORK TASK DESCRIPTIONS 1. PROJECT MANAGEMENT SERVICES 1.1. Coordinate design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY'S needs and expectations. The ENGINEER'S Project Manager will provide overall project management for all work elements, including coordination with the CITY and subconsultants. 1.2. Attend up to three (3) City Council meetings, public meetings, or open houses in support of the CITY to address technical aspects of the work related to scope, design, and schedule of the project. 1.3. The ENGINEER will develop a project web site to be hosted on the CITY server, provide fact sheets, project status updates, and other written materials and graphics about the project for the CITY and will update the project web site. It is assumed that materials will be provided for six web site updates over the course of the project. The Web Page information will be in English language only but will include directive links in Spanish to PDF versions of project flyers and/or other documents. 1.4. The ENGINEER will prepare up to three flyer publications for public distribution over the course of the project. The flyers will contain project information, project status, and schedule updates. The ENGINEER will prepare duplicate Project Flyers in Spanish language translations. 1.5. The ENGINEER shall maintain regular contact with the CITY'S Project Manager and maintain regular coordination with CITY staff for this project. The ENGINEER'S Project Manager shall be responsible for: 1.5.1 Maintaining regular contact with the CITY and designated project management team staff through informal office visits, telephone conversations, e-mail, and faxes to keep the CITY informed on the progress of this contract. 1.5.2 Work with the CITY'S Project Manager to identify specific financing support task needs and coordinate scopes and budgets. Page 16 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 1.5.3 The CITY'S Project Manager may contact team member as needed during each phase of the project with a summary of discussions sent to the ENGINEER'S Project Manager. 1.5.4 Providing status reports and invoices for work performed. 2. CONCEPTUAL DESIGN ENGINEERING 2.1 The ENGINEER will work with the Stakeholders to develop a conceptual layout of the public roadways and utilities from the COUPLET on the south to North 1st Street in the vicinity of R Street. 2.2 The CITY will provide the ENGINEER with all previous plans for the street and utility improvements that have been constructed or are planned to be constructed within or adjacent to the project limits. 2.3 The ENGINEER will obtain copies of the current Comprehensive and Transportation Plans from the CITY and Yakima County (COUNTY), as well as their current Six -Year Transportation Improvement Plans (TIP). The CITY will provide two (2) copies of their current Comprehensive and Transportation Plans and current TIPs to the ENGINEER in a timely manner. It is assumed that the COUNTY will also provide two (2) copies of their current Comprehensive and Transportation Plans and current TIPs to the ENGINEER in a timely manner. 2.4 The ENGINEER will obtain existing site information, reports and documents associated with relevant aspects of the project. The CITY will assist the ENGINEER in obtaining relevant data should the data owners be reluctant to provide it to the ENGINEER. 2.5 The ENGINEER will conduct a visual site examination to identify the existing characteristics and design objectives. CITY representatives shall participate in the site visit and share relevant project information and concerns. 2.6 The ENGINEER will obtain existing aerial photography mapping, including recent LIDAR mapping, of the overall project area for project planning, conceptual layouts, and preliminary design from the CITY, COUNTY, WSDOT, and/or area developers. The general coverage area will be bounded by the Yakima River to the east, Pacific Avenue to the south, Burlington Northern and Santa Fee Railroad (BNSF) tracks to the west, and US12/182 to the north. Aerial mapping will be produced at a scale of 1"=50' with a 2 -foot contour interval and will show visible surface features. 2.7 The ENGINEER shall prepare a conceptual roadway design showing the proposed new horizontal alignment of Fair Avenue on an aerial photography map and typical roadway sections. The conceptual design shall establish the number of travel lanes, tum lanes, sidewalk widths, landscaping widths, utility strips, level of illumination and intersection roundabout and/or channelization features. 2.8 Conceptual utility design shall establish the size and location of CITY potable water, irrigation, sanitary/industrial sewers, and storm drainage utilities to provide service to the development site. 2.9 The ENGINEER shall coordinate with electrical power, telecommunication, and natural gas utility companies to show their proposed new facilities (if available) for servicing the development site. 2.10 Conceptual level landfill crossing design requirements shall be identified. Page 17 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 3. PRELIMINARY DESIGN ENGINEERING (30%) The ENGINEER will perform preliminary design engineering of the public roadways and utilities from the COUPLET on the south to the proposed new East-West Corridor (E -W CORRIDOR) roundabout on the north based on CITY approved Conceptual Design. The ENGINEER'S services under this Task do not include improvements that are outside of the COUPLET to the E -W CORRIDOR project limits such as off-site utility improvements. 3.1 The ENGINEER shall provide control and topographic survey of a maximum 200 -foot wide alignment corridor within the projects limits for preparation of topographic survey base maps and DTM for design. 3.1.1 Topographic survey will use the City of Yakima elevation datum or NAVD 88. 3.1.2 The ENGINEER will call for utility locates prior to performing field surveys. Utilities will be shown based on field located surface features, tone marks provided by the local "call before you dig" locating service and record drawings provided by the CITY. 3.1.3 The CITY will provide permit(s) necessary to work within its rights-of-way in a timely fashion consistent with CITY regulations. 3.1.4 The CITY shall assist the ENGINEER with obtaining permission from private property owners to perform topographic surveying of areas adjoining the proposed roadway and/or utility alignment(s). 3.1.5 The ENGINEER will provide traffic control during survey operations as required by the applicable agency right of access permit and/or CITY safety regulations. The CITY will provide all such requirements in a timely fashion. 3.1.6 The completed survey shall provide information for the following items: 3.1.6.1 Control survey 3.1.6.2 Base map showing existing topography with 1 -foot contours, field located surface features, and adjacent property lines 3.1.6.3 Plan and profile sheets with horizontal and vertical alignment • Cross-sections at 50' intervals • Project bench marks • Project datum 3.2 The ENGINEER will coordinate with the affected utility agencies regarding design elements of the project. This work shall include contacting CITY utility divisions and private utility company representatives (e.g. electrical power, telecommunication, and natural gas) to coordinate the design of the street improvements to accommodate existing and proposed new utility systems. Identify existing or potential conflicts between new roadway and utility design and existing public and private utilities. Contact each utility involved and coordinate resolution of conflicts. To the extent possible, the ENGINEER will show proposed new private utility company improvement locations on the drawings. 3.3 The ENGINEER shall prepare preliminary sanitary and industrial sewer design complying with City of Yakima Standards and the Washington State Department of Ecology Criteria for Sewage Works Design. 3.3.1 Meet with CITY to determine extent of new sanitary and industrial sewer improvements. Page 18 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 3.32 Review existing and proposed underground utility locations and determine horizontal sanitary and industrial sewer alignment including new lateral locations and service lines. 3.3.3 Review preliminary road profiles and determine vertical alignment for new sanitary and industrial sewer mains. 3.4 The ENGINEER shall prepare preliminary potable water design complying with City of Yakima Standards and Washington State Department of Health requirements. 3.4.1 Meet with CITY to determine extent of new potable water improvements. 3.4.2 Review existing and proposed underground utility locations and determine horizontal water main alignment including fire hydrants, service lines, and future new distribution main locations. 3.4.3 Review preliminary road profiles and determine vertical alignment for new potable water mains. 3.5 The ENGINEER shall review the location of Fruitvale Canal outlet pipe across the Cascade Mill District site with the Site Developer and CITY Water and Irrigation Division to investigate altematives for re -piping and/or relocating the pipe. The CITY has determined that the pipe is the responsibility of the Site Developer and, as such, any improvements associated with the outlet pipe across the site, including across the Fair Avenue extension, is not included in the ENGINEER'S Scope of Services. 3.6 The ENGINEER shall perform a drainage analysis for 25 -year storm with drainage facility design utilizing surface infiltration as the preferred treatment and disposal process. All drainage analysis and design shall comply with the WSDOE Eastem Washington Storm Water Manual (September 2004). 3.6.1 Storm water runoff routes from the project limits to the discharge points will be analyzed for capacity per the above criteria. 3.6.2 A copy of the drainage analysis shall be provided to the CITY for review and approval. 3.6.3 If subsurface infiltration is used, the ENGINEER will complete and submit to the Department of Ecology, Underground Injection Control (UIC) registration forms and provide copy to City of Yakima Storm Water Department. 3.6.4 The ENGINEER shall prepare Notice of Intent (NOT) for coverage under the Washington State Storm Water NPDES permit and advertise as required. 3.6.5 The ENGINEER shall prepare Storm Water Pollution Prevention Plan (SWPPP) as required. 3.7 The ENGINEER shall prepare preliminary roadway and storm drainage design including proposed new roundabouts at both the COUPLET and E -W CORRIDOR intersections. Preliminary design will include horizontal and vertical alignments, and the following illumination and landscaping information: 3.7.1 The ENGINEER will prepare a typical preliminary landscape design consisting of the basic improvements (street trees and Tight fixtures) and a "family" of urban design and landscape elements representing a list of basic improvements and streetscape amenities. The "family" will include recommendations for landscape locations and character, site furniture, roadway/pedestrian light fixtures, paving patterns and materials. 3.7.2 The ENGINEER will provide a typical urban design and landscape plan and section (scale as needed), along with a photo board representing the overall concept and/or product recommendations. Page 19 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 3.7.3 Based on comrnents received the ENGINEER will refine plans, sections, and photo boards. A preferred preliminary landscape design will be prepared based upon information received from the CITY. The preferred preliminary landscape design will be revised up to one time based on CITY discussions. 3.7.4 The ENGINEER will prepare 30% level plans and details to include street trees, general plant massing plan, paving plan, site fumishings, irrigation products, and standard details. 3.8 The ENGINEER will prepare the following preliminary design drawings. 3.8.1 Cover Sheet 3.8.1.1 Project: title and project number 3.8.1.2 Vicinity map 3.8.1.3 Drawing index 3.8.1.4 Legend 3.8.2 Typical Roadway Sections 3.8.2.1 Right of way dimensions (proposed) 3.8.2.2 Cut and fill slope notations 3.8.2.3 Pavement layer types and depth 3.8.3 Street and Utilities Plan and Profile Sheets 3.8.3.1 Plan portion scale 1" = 20' horizontal 3.8.3.2 The vertical scale shall be no less than 1" = 10'. 3.8.3.3 Drawing scale may be adjusted to meet project requirements with CITY approval 3.8.3.4 Base topographic mapping 3.8.3.5 Existing rights-of-way 3.8.3.6 Proposed new rights-of-way and construction centerline 3.8.3.7 Profile grid 3.8.3.8 Existing ground centerline profile 3.8.3.9 Proposed new roadway construction profile 3.8.3.10 Cut and fill slope limits 3.8.3.11 Horizontal and vertical curve and alignment data 3.8.3.12 Existing utilities horizontal and vertical locations based upon survey data and available record information 3.8.3.13 Proposed drainage features (swales, pipes, culverts) 3.8.3.14 New CITY sanitary and industrial sewer mains with manholes, cleanouts, laterals and service lines and new potable water mains with valves, fire hydrants, service lines, and stub outs for future distribution mains 3.8.3.15 Driveways 3.8.3.16 Retaining walls 3.8.3.17 Datum 3.8.3.18 Project title and number Page 20 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 3.8.3.19 Construction notes 3.8.3.20 General notes 3.8.4 Roundabout Plans 3.8.4.1 Design based on FHWA guidelines 3.8.5 Illumination Plans 3.8.6 Landscaping and Irrigation Plans 3.8.7 Miscellaneous details of roadway and utility structures/elements including City of Yakima Standard Details 3.9 The ENGINEER will prepare estimates of probable construction costs based on the preliminary design. The CITY shall provide the ENGINEER with tabulations of recent unit bid prices for similar work within the CITY. The estimate will include contingencies to reflect the preliminary status of the design. 3.10 The ENGINEER will examine the project site to verify the preliminary design drawings. The examination will include checks for accuracy, constructability, and conflicts. The drawings will be revised as necessary to correct observed deficiencies, errors, and conflicts. 3.11 The ENGINEER shall conduct quality control reviews by senior staff members with appropriate experience and expertise. In the review, the staff shall scrutinize the major elements of the design for adequacy of response to the major design challenges and conformance to accepted design practice. 3.12 The ENGINEER will submit three half-size sets of blackline prints at the 30% completion stage to the CITY. CITY shall be allowed two weeks for its review. The CITY will consolidate staff review comments on one set of prints and documents. The ENGINEER will discuss the documents with the CITY and respond to the CITY'S review comments. 4. ENVIRONMENTAL REVIEW AND PERMITTING 4.1 The ENGINEER will assist the CITY in the preparation of the SEPA environmental documentation. 4.2 The ENGINEER will review the site along the Fair Avenue extension and collect and document their environmental findings. The ENGINEER will also conduct a literature search for environmental information on or near the site. 4.3 At the CITY'S request and direction, the ENGINEER will assist the CITY in presenting Fair Avenue extension to State and federal permitting agencies to identify the regulatory issues associated with each alternative. Potential impact minimization measures for the improvements will also be identified during the coordination with agency representatives. All permitting issues and the recommended permitting process for the preferred alternative will be documented. It is assumed that this effort will be accomplished with the graphics and design drawings required in TASKS 3 and 4 described above and to conduct the meetings and that no other special presentation materials are required. 4.4 The ENGINEER will develop an environmental clearance and permitting plan for the improvements. This plan will include the recommended SEPA clearance document as well as a list of probable permits to be required. 4.5 Proposed traffic for the new extension of Fair Avenue will be developed from the current Page 21 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued YVCOG travel demand model using proposed land use assumptions and trip generation rates and distribution consistent with the approved land use plan. 4.6 The ENGINEER shall complete appropriate SEPA documentation including all needed studies, and analysis in accordance with State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-11). The ENGINEER will coordinate with the Yakima Planning Department to address comments on the SEPA Checklist and provide support for the SEPA process. 5. RIGHT-OF-WAY PLANS AND LEGAL DESCRIPTIONS The ENGINEER will prepare right-of-way (RNV) plans for the proposed Fair Avenue Extension from the COUPLET on the south to the north/west limits of the Cascade Mill District property. 5.1 The ENGINEER will prepare RNV plans in accordance with the CITY'S standards, State and federal requirements, and under the supervision of a professional land surveyor. The ENGINEER'S Scope of Services fee is based on an assumed seven (7) RNV parcels to be acquired for the PROJECT. The RNV plans will include the following: 5.1.1 Assessor's parcel number 5.1.2 Parcel owner's name 5.1.3 Existing area of parcel 5.1.4 Area of land to be acquired 3.1.5 Remaining area of parcel 5.1.6 Existing road right-of-way 5.1.7 Basic section subdivision data 5.1.8 Proposed road right-of-way. 5.2 The ENGINEER shall be responsible for obtaining and paying for title reports. 5.3 The ENGINEER shall submit the following final RNV documents to the CITY: 5.3.1 Final RNV Plans (11 x 17 size) 5.3.2 Final RNV Plans (22 x 34 size) 5.3.3 Legal descriptions for area of land to be acquired 5.3.4 8-1/2" x 11" exhibit map of each parcel showing area of land to be acquired 5.3.5 One (1) copy of title reports 6. LANDFILL CROSSING REMEDIATION DESIGN & GEOTECHNICAL INVESTIGATIONS 6.1 Landfill Concepts: The ENGINEER will review readily available geotechnical and environmental information as it pertains to existing conditions at and near the landfill. Subject to paragraph 6.1.1, CITY to provide access to the latest version or draft of the remedial investigation and feasibility study reports for the landfill that are being prepared by others. Assume use of data collected by others for the landfill area; thus, this scope does not include any field investigations or environmental data collection activities at the landfill area. ENGINEER acknowledges that certain documents, including but not necessarily limited to the draft Feasibility Study Report are in draft form and subject to revision. Page 22 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued The ENGINEER will evaluate conceptual designs and considerations/constraints associated with a roadway crossing of the landfill along certain alignments. This task will include an evaluation of the design approaches for preparation of roadway subgrade materials and installation of utility infrastructure to address differential settlement, landfill gas control, protection of existing landfill environmental control measures, potential groundwater impacts, and refuse handling considerations. The results of the conceptual design evaluation will be summarized in a technical memorandum. 6.1.1 Confidential Documents: The CITY has, or may come to have, certain confidential documents that have been prepared, or may be prepared, in reasonable anticipation of litigation, or are otherwise protected from disclosure by law. ENGINEER agrees to keep confidential and not disseminate or rely on to any third party any documents provided by the CITY to ENGINEER and marked "CONFIDENTIAL," without the prior written approval of the CITY. In this regard, ENGINEER agrees to inform each of its employees or agents performing services under this Agreement of the confidentiality obligations set forth herein. 6.2 Landfill Design Support: The ENGINEER will analyze the landfill requirements and develop design information to support a new roadway across the site and allow for the installation of underground utilities. This task will include design recommendations for landfill gas control, integration of certain landfill environmental control measures (to the extent practicable), refuse handling/disposal considerations, and worker safety provisions. The ENGINEER will coordinate with the CITY and the CITY'S specified professional designees, including but not limited to SLR International Corp. ("SLR"), to discuss how certain environmental control measures for the landfill are being addressed. This task includes coordination with the CITY and its professional designees to discuss the results of their ongoing landfill remedial investigation and feasibility study and conceptual integration of certain landfill environmental control measures. At the CITY'S request, the ENGINEER will coordinate with and assist the CITY and its professional designees in discussing certain environmental control measures for the landfill with govemment regulatory agencies. Design recommendations will be summarized in a technical memorandum that includes drawings, details, and specifications related to landfill roadway design support. 6.3 Geotechnical Investigations and Engineering: The ENGINEER will provide geotechnical engineering for the Fair Avenue Extension Project 6.3.1 The following is the proposed geotechnical services: 6.3.1.1 Literature Review: The ENGINEER will review readily available geotechnical reports of the project area, geological reports, and geologic maps, including: • WSDOT reports, • U.S. Geologic Survey (USGS) topographic maps, • USGS geologic maps and reports, • USGS seismologic studies, • Aerial photographs (WSDOT, U.S. Bureau of Land Management, and private), • U.S. Department of Agriculture soil maps, • Washington State Department of Ecology on-line well log data base • Washington State Department of Natural Resources Division of Geology and Earth Resources maps and reports. Page 23 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 6.3.1.2 Field Reconnaissance: The ENGINEER will perform a field reconnaissance to observe the site and soil exposed at the surface. During the field reconnaissance, the ENGINEER will select preliminary subsurface exploration locations for the PS&E phase studies. 6.3.1.3 Project Geology: The ENGINEER will evaluate site geology and subsurface conditions using the literature review and field reconnaissance. The ENGINEER will review the site seismicity and provide recommendations for the design acceleration in accordance with the WSDOT Geotechnical Design Manual, M 46-03. We will evaluate geotechnical/geologic hazards and their potential impacts to the project. It is assumed that a site specific seismic response analysis will not be required. 6.3.1.4 Subsurface Explorations: The ENGINEER will develop a field exploration plan for approval by the CITY. This plan will include exploration of the roadway alignment, beyond the limits of the landfill and earthen cap, with borings. The borings will be drilled with a truck -mounted drill rig to depths of about 10 to 20 feet. Prior to performing the field investigation, the ENGINEER will prepare a project specific health and safety plan and coordinate the location of underground utilities. The ENGINEER will sample the borings using Standard Penetration Testing at 5 -foot intervals. 6.3.1.5 The ENGINEER will observe the borings and develop logs of the subsurface conditions encountered. The ENGINEER will classify the soil encountered in the subsurface explorations in accordance with ASTM Designation: D 2488, Standard Recommended Practice for Description of Soils (Visual -Manual Procedure). The ENGINEER will also interpret the geologic unit of each soil sample. 6.3.1.6 The ENGINEER will promptly advise the CITY if the borings encounter soils that emanate discemable odors or contain visually identifiable contaminants, and recommend a course of action, if any, regarding the same. However, this scope does not include provision for the characterization of hazardous materials. Drumming, profiling and disposal of soils containing hazardous materials is not included as part of this scope of services. 6.3.1.7 Geotechnical Laboratory Testing: The ENGINEER will perform geotechnical laboratory testing in general accordance with appropriate ASTM or WSDOT standards. Laboratory testing will include moisture content, grain size analyses, Atterberg Limits, organic content, and compaction tests on selected samples. 6.3.1.8 Engineering Analyses and Design: The ENGINEER will evaluate the results of field and laboratory programs. The ENGINEER will use those results to develop geotechnical recommendations for designing pole foundations, earthwork, roadway pavement and infiltration rates. Our recommendations will include: • Project area seismicity • Seismic hazards, including liquefaction, lateral spreading, and fault rupture, • Pole foundation design recommendations, • Retaining wall design parameters, including lateral earth pressures, sliding resistance, and drainage, • Earthwork for new and widened roadway embankments for the extension of Fair Avenue, • The reuse of existing excavated materials for backfill, • Earthwork for utility excavations, including temporary shoring, Page 24 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued • Estimated resilient modulus for unimproved subgrade and for compacted structural fill and subgrade, • Storm water infiltration rates based on soil textures and corresponding published infiltration rates, • Pavement Design 6.3.1.9 Final Geotechnical Report: The ENGINEER will prepare draft and final geotechnical reports. The reports will present the results of engineering analysis and design and integrate those results with the findings presented in the Landfill Roadway Design Support Memorandum. Specifically, the draft and final reports will include: • A description of the subsurface exploration methods and the exploration logs. • Laboratory testing methods and results. • A description of subsurface conditions encountered in the subsurface explorations, including groundwater conditions. • Geotechnical design recommendations for foundations, infiltration, geologic hazards, and earthwork recommendations. The ENGINEER will provide geotechnical design recommendations in accordance with the current WSDOT Geotechnical Design Manual. • Seismicity considerations, including recommended design peak ground accelerations, soil profile type, and liquefaction potential. If the liquefaction potential of the roadway subgrade material is considered high, foundation and retaining wall recommendations would be revised accordingly. • Excavation and shoring recommendations for utilities. • Construction considerations 6.4 Hazardous Materials Technical Report: The ENGINEER will prepare a Hazardous Materials Technical Report for the proposed project corridor in general accordance with the WSDOT Environmental Procedures Manual (October 2010 version). The report will focus on the historic and current use of the properties along to the Fair Avenue Extension from Martin Luther King Jr. Boulevard to the H Street roundabout, with particular focus on those properties that were formerly industrial facilities. The study will be broad in scope and is intended to identify those properties that will require a more detailed study. This study will include the following tasks: 6.4.1 Windshield survey, 6.4.2 Regulatory agency records review, 6.4.3 Historical use records review, and 6.4.4 Physical setting sources review. The ENGINEER will prepare draft and final Hazardous Materials Technical Report that will summarize the affected environment, potential project impacts, and mitigation measures. 7. FINAL DESIGN ENGINEERING AND PS&E (70% AND 100%) The ENGINEER shall proceed with final engineering design and preparation of final plans, specifications, and estimates (PS&E) following the CITY'S approved preliminary engineering design and 30% PS&E documents. At approximately the 70% completion stage, the ENGINEER will submit three half-size sets of blackline prints to the CITY. CITY shall be allowed two weeks for its review. Page 25 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued The CITY will consolidate staff review comments on one set of prints and documents. The ENGINEER will discuss the documents with the CITY and respond to the CITY'S review comments before proceeding to final 100% documents. 7.1 Final 100% engineering drawings shall be half -sized blackline prints and shall include the following sheets at a minimum: 7.1.1 Cover Sheet 7.1.2 Typical Roadway Sections 7.1.3 Street and Utilities Plan and Profile Sheets 7.1.3.1 Plan portion scale 1" = 20' horizontal 7.1.3.2 Vertical scale shall be no less than 1" = 10' 7.1.3.3 Drawing scale may be adjusted to meet project requirements with approval of CITY. 7.1.4 Roundabout Plans 7.1.5 Illumination Plans 7.1.6 Landscaping and Irrigation Plans 7.1.7 Drainage Plans 7.1.8 Pavement Marking and Roadway Signing Plans 7.1.9 Construction Staging and Traffic Control Plans 7.1.10 Miscellaneous Details 7.1.10.1 7.1.10.2 7.1.10.3 7.1.10.4 7.1.10.5 CITY Standard Details Street and utility elements Landscaping and irrigation elements Illumination elements Landfill crossing elements 7.2 The ENGINEER will prepare Cross Section Drawings at 50 -foot engineering stationing intervals, and all major physical features with a horizontal scale of 1" = 10' and a vertical scale of1"=5'. 7.3 The ENGINEER will prepare Contract Documents based on the latest edition of the Washington State Department of Transportation/American Public Works Association Standard Specifications for Road. Bridge, and Municipal Construction and the latest City of Yakima General Conditions and Special Provisions. Contract Documents shall include: 7.3.1 Bidding Requirements 7.3.2 Contract and Bond Documents 7.3.3 Amendments to the Standard Specifications 7.3.4 Wage Rates 7.3.5 Non -Standard Special Provisions 7.3.6 Half -Sized Plans 7.4 The CITY will provide the following to the ENGINEER to include in . the above Contract Documents: Page 26 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued 7.4.1 Construction Contract form 7.4.2 Contract Bond form 7.4.3 Insurance Requirements 7.4.4 CITY General Conditions 7.4.5 CITY Special Provisions 7.4.6 Special MBE Requirements 7.5 The ENGINEER will prepare estimates of probable construction costs based on both the 70% completion stage and final 100% contract documents stage. 7.6 The ENGINEER shall conduct quality control reviews by senior staff members with appropriate experience and expertise. In the review, the staff shall scrutinize the details of the key aspects of the design for conformance to accepted design practice. 7.7 The ENGINEER shall submit one reproducible copy of the plans, specifications, and Contract Documents to the CITY ready for bid advertisement. 7.8 The ENGINEER shall transmit to the CITY one copy of all engineering calculations and one copy of all survey field notes. 7.9 The ENGINEER shall provide the following services during the construction bid process: 7.9.1 Respond to bid questions 7.9.2 Prepare Addenda as necessary 7.9.3 Attend and assist with Pre -Bid Conference, as necessary 7.9.4 Attend the bid opening 7.9.5 Check bids 7.9.6 Provide recommendation regarding award of a construction contract 8. ADDITIONAL SERVICES The CITY may direct the ENGINEER to provide "Additional Services" that are not included in WORK TASKS 1 through 7. Such Additional Services shall be authorized by the CITY and agreed to by the ENGINEER in writing prior to proceeding with the services. The ENGINEER shall perform the services in this WORK TASK 8 as directed/authorized by the CITY on a time spent basis at the specified hourly billing rates shown in EXHIBIT B plus reimbursement for direct non -salary expenses. 8.1 The CITY contemplates directing the ENGINEER to perform WORK on the PROJECT that is not included in WORK TASKS 1 through 7 nor is readily defined as to scope of services, time, or costs. These services may include the following: 8.1.1 Assist the CITY with investigating potential funding opportunities including developing funding strategies and preparing funding applications. The professional services estimate herein is based on assisting the CITY with its funding pursuits not only for Fair Avenue Extension Project — Phase 1 but also with other future project phases. 8.1.1.1 The ENGINEER will work with the CITY to develop a matrix of projected and planned funding sources, to include sources that may be needed to provide a complete funding package. The ENGINEER will then prepare a funding plan to provide two options for funding of all project elements. The plan will include a Page 27 CITY OF YAKIMA — FAIR AVENUE EXTENSION PROJECT — PHASE 1 Exhibit A — Scope of Services Continued list of funding sources, general grant and matching requirements, timelines for use, and a proposed approach. The funding approach may include multiple elements. 8.1.1.2 After review by, and with direction from the CITY, the ENGINEER will prepare an updated financing plan with a financing approach and time lines for grant applications. The ENGINEER will, on a case by case basis, with a supplemental scope and budget, also prepare grant applications and other necessary documentation for possible funding sources. 8.1.1.3 The ENGINEER will set up a tracking process to provide a means for grants received to meet federal requirements as contained in the grant requirements or as published in the WSDOT Local Agency Guidelines, and will transfer that information to CITY staff to develop an ongoing grant compliance program. 8.1.2 Provide municipal accounting/financial services assistance for State, federal, and local funding programs/agencies administration related to this project including tracking of project costs and revenues for multiple funding sources and preparation of reimbursement requests. 8.1.3 Provide assistance for project updates and related administrative documents to the agencies which have jurisdiction over funding, permitting, design, and/or construction of this project. 8.1.4 Geotechnical investigations in areas outside of the COUPLET to the E -W CORRIDOR project limits. 8.1.5 Utility design in areas outside of the COUPLET to the E -W CORRIDOR project limits. 8.1.6 Mitigation designs for wetland impacts and/or other environmental impacts, after the level of impacts, if any, are identified through the above services. 8.1.7 Other tasks as may be necessary to carry out the provisions of this TASK 8, and in accordance with Section 2.2. Page 28 Cascade Mill District Fair Avenue Extension & Program Financing Yakima, Washington BUDGET SUMMARY 8/31/2011 Fair Avenue Extension Project H. W. Lochner, Inc. Labor $ 467,621 Direct Expenses $ 10,247 B&O Tax on Subconsultants $ 9,379 Subtotal Lochner $ 487,247 Huibregtse, Louman Associates Labor $ 330,836 Direct Expenses $ 9,748 Subtotal Lochner $ 340,584 HBB Landscape Architecture Labor $ 97,295 Direct Expenses $ 11,752 Subtotal Lochner $ 109,047 SLR International Labor Direct Expenses Subtotal SLR HWA GeoSciences Labor Direct Expenses Subtotal SLR TOTAL ENGINEERING AMOUNT Management Reserve Fund $ 26,139 $ 2,300 $ 28,439 $ 29,457 $ 13,540 $ 42,997 $ 1,008,314 $ 155,000 TOTAL CONTRACT AMOUNT $ 1,163,314 LOCHNER HLA %=5:17.Lasoa Amur. Classification EXHIBIT B (1) Cascade Mill District Fair Avenue Extension Yakima, Washington H. W. Lochner 8/31/2011 Hourly Total Total Total Rate Hours Labor Costs Project Principal $ 221.03 64 $14,145.92 Project Manger $ 161.15 390 $62,848.50 Sr. Highway Engineer $ 195.51 376 $73,511.76 Sr. Transportation Engineer $ 173.70 214 $37,171.80 Sr. Traffic Engineer $ 161.15 238 $38,353.70 Transportation Engineer $ 158.97 538 $85,525.86 Sr. Design Engineer $ 110.25 104 $11,466.00 Engineer ID $ 93.25 676 $63,037.00 Engineer II $ 86.32 64 $5,524.48 Technician $ 88.44 544 $48,111.36 Sr Accountant $ 93.95 60 $5,637.00 Administration $ 61.30 214 $13,118.20 Total Labor Cost 3,482 $458,451.58 2012 Cost of Living Increase 2.00% $9,169.00 Total Lochner Labor Rounded $467,621 Total HWL Labor Cost: Direct Reimbursables: Travel $ 6,272 Per Diem $ 1,950 Reproduction (External Only) $ 665 Communications $ 200 Graphics/Miscellaneous $ 1,160 Traffic Counts $ - Reimbursables Subtotal: Rounded $10,247 B&O Tax on Subconsultants 1.8% $521,067 $9,379 Firm Total: H.W. Lochner, Inc. Rounded $487,247 Subconsultants Huibregtse Loumann Associates $340,584 HBB Landscape Architecture $109,047 SLR International $28,439 HWA GeoSciences $42,997 Subconsultants Subtotal: $521,067 Total $1,008,314 LOCHNER . HLA Cascade Mill District Fair Avenue Extension Yakima, Washington PERSON HOUR & LABOR COST ESTIMATE BY TASK 8/31/2011 Work Element Number Work Element LABOR CLASSIFICATION Lochner TOTAL HOURS Subconsultant Hours TOTAL LABOR HOURS Principal Project Manager Sr. Highway Engineer Sr. Transp. Engineer Sr. Traffic Engineer Transportation Engineer Sr. Design Engineer Engineer 111 Engineer 11 Technician Cadd Senior Accountant Admin Support HLA Hours HBB Hours HWA Hours SLR Hours Total Sub 1.0 1.1 Project Management Services Project Coordination 8 60 68 8 16 0 0 24 92 1.2 Council Meetings (3) 8 24 8 8 8 6 62 38 16 0 0 54 116 1.3 Web Site 40 6 24 64 134 20 120 0 32 166 1.4 Project Flyers 6 6 12 4 18 46 20 6 0 0 26 72 1.5 Regular Communications with City a Coordination with City 24 60 40 124 8 00 0 8 132 b Kickoff Meeting 8 16 10 10 10 16 70 16 16 0 0 32 102 c Status Report and Meetings 16 60 30 60 24 190 25 34 0 0 59 249 .45,��,.,,�".v�sMtb.otX:.kv?_NWork.ElamanxaTotnii�a.X 644: t... �.w 266;+m�, 3011 �°a70a^: .0 :'x18,"tl,'>,%1w0ns.s:3 12^.1`1-8 ;,0.ps3pg.� Od�°s60La; :C:4188.'5„rY..N6g4:,�E `aai �S35"f: ;�3100�rn44�. 0u`.�y,:vOFa3:s'�;236+t ,. _��929»;;.h.11 2.0 2.1 Conceptual Design Conceptual Layouts with City 22 10 32 80 3 00 83 115 2.2 Collect As -Buil) Plans 4 4 16 00 0 16 20 2.3 Collect Transpoartation Plans 4 4 16 0 0 0 16 20 2.4 Collect Other Site Information 4 2 8 14 24 00 0 24 38 2.5 Conduct Site review with City 8 6 8 24 24 00 0 24 48 2.6 Develop Aerial Base Map from existing data 4 4 8 100 0 0 0 100 108 2.7 Prepare Roadway Conceptual Design 48 38 28 80 108 52 354 164 69 0 0 233 5B7 2.8 Prepare Conceptual Design of City Utilities 4 4 234 0 0 0 234 238 2.9 Coordinate and Prepare Layouts for Private Utilities 12 12 144 0 0 0 144 156 2.10 Develop Conceptual Landfill Crossing Requirements 6 12 18 30 0 0 0 30 48 e.'r.,xm. .,35T ,d,�Wnri, Elonente7Tjal3 •.�ry , a g4g„4 ,_u•.k'.36_ r. r"O.. 90��{m.. a. r„, 6v2a 5.+....3204 5. >,�Y,n,,.496yR `�ryOtsS.t� u�.'12g."�u� ;#,+7,`;0*rrw R 62x�rx7 ..AOT4.4 t'k8g*am;: "'k474�,� '.�1832"13h� ,,£ttt,i.72E..111 '14::044.,' r:,r_rr0�+n0 r;„8041;di"11 378,' 3.0 3.1 Preliminary Design Provide Control 8 Topographic Survey and Base Maps 2 8 16 26 484 0 0 0 484 510 3.2 Coordinate with Private Utilities and Develop Preliminary Layouts 0 54 0 0 0 54 54 3.3 Develop Preliminary Sanitary and Industrial Sewer Design 0 54 00 0 54 54 3.4 Develop Preliminary Potable Water Design 0 54 00 0 54 54 3.5 Review Fruitvale Canal Outlet 0 38 0 0 0 38 38 3.6 Construct Drainage Analysis and Report 0 90 0 0 0 90 90 3.7 Develop Preliminary Roadway, Drainage and Utility Plans 6 52 40 80 80 100 358 B8 59 0 0 147 505 3.8 Prepare Preliminary Roadway, Drainage and Utility Plans 0 88 65 0 0 153 153 3.9 Develop Opinion of Probable Construction Costs 4 8 8 16 36 34 0 0 0 34 70 3.1 Verify Design in Field 8 8 28 0 0 0 28 36 3.11 Quality Control 10 20 30 30 D 0 0 30 60 3.12 Preliminary Submittal and Meeting with City 8 0 16 20 0 0 0 20 36 ,.. •u", .�•��.a: - - ,. � .� ..„.»..11-0,74��'�'�rSr��a*.s �,�„�Work,Elemont,3;,:Fotal r r.e',: �,5 .* W, �,.{_,_A m., �r. a. ,, ...u,28,.nc» .. .. ;a;a .a�,k578 ..�+ '.�;A•�a ^',4� ° ,. , ,.20,.. a!^ ' ; - §T.�48.•�,.8' vT4 ; .a�.. �c°: � a.. . BD _._ � N' .-o_e.Ft . � �_ .40.70 , w�.. -t` g ' "^ . ,'�1g4k*r.4 ,,, . ',?t.. •- 'i;;'�.O ,i+m U44' .. ..... 110: _ " .4':.a a_ >„ a�:, Ems..«O.. r., .r��0".:: '^::^"^+474"a,;,*� +, ^, ,y _ c•s'�1,D62"'' .� ,. �,,, any.. F....:. ' ..o f /.,.. �_, , ..,�a124, , 0 a ^. �...,a 2..�, .. .' k"P/' = 64 . mrr'S�a ,.. c..,sat'1 6.,.�; iG;,1'fi60..� D , 8 4.0 4.1 Environmental Review Assist City with SEPA Documentation 6 6 12 0 0 0 12 18 4.2 Collect 8 Document Environmental Findings 0 28 0 0 0 28 28 4.3 Assist City with Permits 0 32 00 0 32 32 4.4 Develop an Environmental Clearance 8 Permitting Plan 4 4 28 0 0 0 28 32 4.5 Develop Project Traf/c 4 4 56 00 0 56 60 4.6 Complete SEPA Documentation Studies 0 34 0 0 0 34 34 .,.: sr r` �s r.<�S ttTv=# .mom, '�,�. ax�_ p", . e��"a.;: .: ,. ,._ .An . ": '3...L..e4 i�.t'...,TL 9 <M ....Work Blament 4�1'olal., -,,� :� �. .,,. �, +, d''2+,a, .,.r'�., 4�r 10 ,''iA, ,w;., v:, _Ay, :•�. ..-'yi,d, � �_ n0e.. ': ":i> o, « ..0.'AeR <,�� S"'- d c„ �.,�" . g .1 _ :7,4=,7 ., 4g .. ;'s«OA �ti ..A7 .,.e...- � , 0 -:..rM O'�.r..!�, N';xi-,^si''YxY'.' g +':°a_0 pa � u^, w. ,14=�'>":':7 . V,1g03M-'ti- .°r;;7.'Ow ir'iz Y:,:,ac. y �£. 0 x:::=.::0'�, a�:.t• ... 3',1BO:.ex., 284 � ... 5.0 5.1 Right -of -Way Plans 6 Legal Descriptions Prepare RNV Plans 2 2 110 0 0 0 110 112 5.2 Obtain Title Reports 010 0 0 0 10 10 5.3 Prepare Final RAV Documents 2 2 122 00 0 122 124 !i ve 8: ,.+K,An.g, .,.,.'Work El.ment.,5 Tot. h-, ; vX70% r''as�2:""Ci2z."'§��:70'�.:a�0� 1gy.'a L°r. 0:'e . .M.s,1OF': ,vWt0w T.e '. •01��'" F.� g v? °Aa0 «.: �.. ,4, ..i«':5242(;'S t;'fi "O u,'L.R.,0: 0 ,, 242.%. 2 6 LOCHNER Page 1 of 2 •: HLA Cascade Mill District Fair Avenue Extension Yakima, Washington PERSON HOUR & LABOR COST ESTIMATE BY TASK 8/31/2011 Work Element Number Work Element LABOR CLASSIFICATION Lochner TOTAL HOURS Subconsultant Hours TOTAL LABOR HOURS Principal Project Manager Sr. Highway Engineer Sr. Transp. Engineer Sr. Traffic Engineer Transportation Engineer Sr. Design Engineer Engineer 111 Engineer 11 Technician Cadd Senior Accountant Admin Support HLA Hours HB8 Hours EWA Hours SLR Hours Total Sub 6.0 6.1 Landfill Crossing Remediation Design & Geotechnical Investigations Develop Landfill Crossing Concept Requirements 0 24 00 61 B5 85 6.2 Landfill Design Support 6 12 18 0 00 180 160 19B 6.3 Geotechnical lnvestivations&Engineering 0 0 00 0 0 0 6.4 Hazardous Materials Technical Report 2 2 0 00 0 0 2 .,.,1.�,,..., . w ;�. :. 'ts .s � s ., W r �F.lu nt, T t '� . �.� � ..,.x,E='sr"�'�:a�,,.�..,,�;n. gk me.6uaal.,aP:L.O��,t:aA�6;,,.;4..1?,.,')f=+:0,�:.:',a�,,.:.0;t`�,.#���t:0��'n&;..,a..tl..+�'�•8'@Yx,.0�3!•'':a;�as,�''.Or:S.d'S.,raO�,.A�ki�...A�°Fa+i.,+b•;0,.,,.,,�R:320:4:':r`£,..,::.24,,...<>�re��r0a:4�',.ss,,,'��0..�'•,:�?410-%'s`9:...285r...,'d44Y'.285af � � :�. . - .a,• ;.,rrM �,.,-, vas .- � i ,W mgr =a��.s `a,s - =.� '•3m° T:,� - ,Q:.. ;�.,. � �:, ,,,t,:., '�'v a. .,.y� - u.. �, v- � .:tr. I= s r 7.0 7.1 Final Design Engineering & PS&E Prepare Engineering Drawings 10 80 120 200 104 240 64 256 1074 B04 512 2090 1,525 2,599 7.2 Prepare Cross Sections 4 24 24 24 76 68 0 0 0 68 144 7.3 Prepare Contract Documents 6 24 12 24 52 40 24 182 128 780 0 206 380 7.4 Incorporate City's Contract Requirements in Contract Documents 6 8 16 30 52 0 0 0 52 82 7.5 Prepre Final Estimate of Probable Construction Costs 4 16 12 40 40 16 128 54 122 0 0 176 304 7.6 Quality Control of Contract Documents 10 68 78 72 0 0 0 72 150 7.7 Prepare Reproducible Copy el Contract Documents 4 B 16 16 44 28 0 0 0 28 72 7.8 Provide City with Calculations and Survey Notes 4 8 8 20 18 00 0 18 38 7.9 Provide Construction Bid Process Services 4 20 16 24 60 24 22 170 64 63 0 0 127 297 r-..7,14; :4"NI'=":.1.•,e:,°nv;f:B1:.'wasf�.W-rk.Eumun;tToteE:.?»a30:3?'A�4gir.6:2.n ,18g:p< .tV68;�d�"'�r 180`•�Y: 1cI4l 344m3d � �}044':s«440Y'�s'�.�;84'.4fa a�H3181:" e".',"�-U ,a .46• a�;18g27s�Ar12B63fit �'"i176�.l�'?N�?0M'c : @kr 0T` s":2;2722,: 40174,0141771 TOTAL........,............r.. ,...... .- -....,,..........,v.„......64 390 �...... 316 _ w_. a.., 214 ....0 .:....�..-,... F�44 238 M.«..,,..»,.,., 538 + �L538 � . .....—., •+ter 104,m� ....,,.........,, � 676 �..-�.,............� ...--A, -64k, ,.."1544 .-,a.,.,-.., ,.. 60 . m-.,........................ u,�214�tr 11, 3482 •,-� 3,113 .�, t&: „m„„„,-o-a.�.,„.., art, `1,071 M.. .,,-...� .209.-.11 .-,.«..-M,,, ., 241 ,,,,,,,,,,,M..,.., 5,294.. _. V,�.. ,... 8,116 ,.-., .....-�.- LOCHNER Page 2 of 2 ••HLA4 Classification 8/31/2011 Cascade Mill District Fair Avenue Extension Yakima, Washington Huibregtse, Louman Associates Hourly Billing Total Labor Total Rate Hours Sala Costs Principal Engineer Principal Engineer Licensed Professional Engineer Licensed Professional Engineer Project Engineer Project Engineer CAD Technician Principal Land Surveyor Licensed Professional Surveyor Surveyor Surveyor Admin Salary Escalation Total Labor Cost $162.92 178 $28,999.76 $162.92 374 $60,932.08 $96.94 572 $55,449.68 $78.75 650 $51,187.50 $96.67 48 $4,640.16 $62.45 584 $36,470.80 $52.95 880 $46,596.00 $135.77 70 $9,503.90 $76.03 110 $8,363.30 $75.49 130 $9,813.70 $75.49 130 $9,813.70 $54.85 47 $2,577.95 3,773 $324,348.53 2012 50.00% 4% $6,486.97 Total HLA Labor Rounded $330,836 Total HLA Labor Cost: $330,835.50 Direct Reimbursables: Travel $ 1,748 Title Reports $ 8,000 Reimbursables Subtotal: $9,748.00 Total LOCHNER $330,836 $340,584.00 HLA Cascade Mill District Fair Avenue Extension Yakima, Washington Huibregtse, Louman Associates - PERSON HOUR ESTIMATE Work Element Number Work Element LABOR CLASSIFICATION HLA TOTAL HOURS Principal Engineer Principal Engineer Licensed Engineer Licensed Engineer Project Engineer Project Engineer CAD Technician Principal Surveyor Licensed Surveyor Surveyor Surveyor Admin 1.0.-.._. ._....P_. 11 . _ .... ro Management Services __. .-.-- ct Project Coordination .. ..-'- 4 ---- 4 --._..... _.._._... ..- .. .. . ... .. .. .. - 8 1,2 Council Meetings (3) 20 10 8 38 1.3 Web Site 4 8 8 20 1.4 Project Flyers 4 8 8 20 1.5 Regular Communications with City a Coordination with City 4 4 8 b Kick-off Meefing 8 8 16 c Status Report and Meetings 10 10 5 25 ,a--a.-•nr c.�.. s;,:c> »..-°�,-,�.: , ,,.x -.:,.r Y,y(1, .. ._ ,•,�,o-.: r.,,„, x ,%��,.� u,:!�,, .�„WOrkElemonR:d',T41a1,` - '; ,54'd,1.7.° :524. ','„k:'.1;4,182IT 0„1?:? . , ..,:.0, b,:t r='-,,�O1Xv- -.,:8;a, . 1., -1 '',60.,, .,t 1',1,.`1.t O,t 'yw On? ..,.. , O..fr_,. ,v,- .d 5>.,, w . .1.1355:; 2.0 2.1 Conceptual Design Conceptual Layouts with City 20 20 20 20 80 2.2 Collect As -Built Plans 8 8 16 2.3 Collect Transpoartation Plans 8 8 16 2.4 Collect Other Site Information 8 8 8 24 2.5 Conduct Site review with City 8 8 8 24 2.6 Develop Aenel Base Map from existing data 4 8 8 20 60 100 2.7 Prepare Roadway Conceptual Design 10 10 20 40 4 40 40 164 2.8 Prepare Conceptual Design of City Utilities 10 20 40 60 4 60 40 234 2.9 Coordinate end Prepare Layouts for Private Utilities 4 20 20 40 40 20 144 2.10 Develop Conceptual Landfill Crossing Requirements 4 4 4 4 4 10 _ 30 msks'_rR.Sr:.._ �" .__--, . or mwrt'ata.01,',60'4.A-. a".. -907c1;--.': :=.'4.1441',:.c] �:», ..._ 2.? -::,4-.683:2;r. ,. k::a _ 1 r' :/-.11-4.4--;13,,,- z-_',�0�=,. -.:0:=n_-�. w'0:�, - _._ 10832:1.-:', 3.0 3.1 Preliminary Design Provide Control & Topographic Survey and Base Maps 4 8 16 16 120 40 40 120 120 484 3 2 Coordinate with Private Utilities and Develop Preliminary Layouts 4 8 16 16 10 54 3.3 Develop Preliminary Sanitary and Industrial Sewer Design 4 8 16 16 10 54 3.4 Develop Preliminary Potable Water Design 4 8 16 16 10 54 3.5 Review Fruitvale Canal Outlet 2 8 8 10 10 38 3.6 Consuct Drainage Analysis and Report 2 8 20 40 20 90 3.7 Develop Preliminary Roadway, Drainage and Utiity Plans 8 20 20 20 20 88 3.8 Prepare Preliminary Roadway, Drainage and Utility Plans 8 20 20 20 20 88 3.9 Develop Opinion of Probable Construction Costs 2 8 8 8 8 34 31 Verify Design in Field 4 8 8 8 28 3.11 Quality Control 2 8 4 16 30 312 Preliminary Submittal and Meeting with City 4 8 8 20 "r " '180;v >;t+:ePo.Y.;a '':S'- .,E'f' _ ., N Work lame '3:, I°. 1•^... � „x_, ,..,ry �.,,Y. :9'.-a.:. nt .,. ata : 8'•-�` , ,cs ..' r92:�: dry. _... �. . n. - -, ` n', T .-12::2118f4.761, -. � ,_ r?.=' _... _ ._, . :,:"_ 40 ,.. - - - ` 40 _ .. � .:. �:._, ,� a120 ... -.r 120:, n'` 0 ....n _ ;.i;�:..y3.1082;2; 4.0 4.1 Environmental Review Assist City with SEPA Documentation 4 4 4 12 4.2 Collect & Document Environmental Findings 4 4 8 8 4 28 4,3 Assist City with Permits 4 4 12 8 4 32 4,4 Develop an Environmental Clearance & Permitting Plan 4 4 12 8 28 LOCHNER 8/31/2011 4 HLA, Cascade Mill District Fair Avenue Extension Yakima, Washington Huibregtse, Louman Associates - PERSON HOUR ESTIMATE Work Element Number Work Element LABOR CLASSIFICATION HLA TOTAL HOURS Principal Engineer Principal Engineer Licensed Engineer Licensed Engineer Project Engineer Project Engineer CAD Technician Principal Surveyor Licensed Suiveyor Surveyor Surveyor Admin 4.5 Develop Project Traffic 4 4 4 12 24 8 56 -. 4.6 Complete SEPA Documents on Studies 2 4 4 8 8 8 34 . y:.. mant(,T o .,,,,-1:,',Y,241'..-r-,,-:s , 1 . rr:=.: a ,...: ...:4-,.",..56,1-,'-','v.,:.,4:, 24 , .D.,:yx,. a .. ::?,-LikD g xr,.' D .1„ , r D r 190 5.0 5.1 Right -of -Way Plana & Legal Descriptions Prepare RIW Plans 4 8 8 40 10 20 10 10 110 5.2 Obtain Tile Reports 10 10 5.3 Prepare Final R/W Documents 2 4 8 8 40 20 40 122 .,. .,.._ ,-..,.,..,,.-c a:-.rz._,...-.Work,E(smaltt,5,To1pf--,;• ..2 . • •.t;,,8:,:.• f*:`zi6r=,':n. ..,.,18,..,, i0:, 0':'. 80'--. 300,1,i. ...:.10" .-7,10'-,cr:-.,,,5•,10• . :Pi A .ir 242 6.0 6.1 Landfill Crossing Remediation Design & Geotechnlcal Investigations Develop Landfill Crossing Concept Requirements 4 4 8 8 24 6.2 Landfill Design Support 0 6.3 Geotechnical Invesavations & Engineering 0 6.4 Hazardous Materials Technical Report 0 . • :..,.,.;;,,.. ozkiEteatentOiiT ra{,e o ..,...�0�. .• ... i 4 � , . • , ..;'r;6,,.-. ,..„ :i0 ,. ;-,8..,.. a0._ .. g:,r:,:::, : s0 _..,,,. ..,..:SOD,., ..,,,".,0 r..:.. ?, :h ` _ .. 7.0 71 Final Design Engineering & PS&E Prepare Engineering Drawings 4 40 80 120 160 400 804 7.2 Prepare Cross Sections 4 4 10 10 20 20 68 7.3 Prepare Contract Documents 4 10 60 20 10 24 128 7 4 Incorporate City's Contract Requirements in Contract Documents 4 10 10 10 10 8 52 7 5 Prepre Final Estimate of Probable Construction Costs 4 10 10 10 20 54 7.6 Quality Control of Contract Documents 4 20 10 4 24 10 72 7.7 Prepare Reproducible Copy of Contract Documents 4 4 10 10 28 7.8 Provide City with Calculations end Survey Notes 4 4 10 18 7 9 Provide Construction Bid Process Services 4 10 20 10 10 10 64 i,.<n, „r..c,_,, 1Ye�,-,.A.Ys:,-, .o. WarkiElbinantli.:Total', X3.28+ir'•:C- ,u104t. -:?'208R ta ,:,192`,,,5,,`td24'rt,_6, vN1260a r43071 ..0^- .5..,;.D , '„ -SO',. ...r "TO',.. :,,>x42:".'''>K.,V'12665e: GRAND TOTAL fi -;, k,--, , 178 374 .. ,,q... ,., ' : 572 mom. .-e''4 `3, a 5 , ,fiH 650 48 f' `"5,,;k _,. , 584 �.. .. 1 880 r, • ` -7 70 f '!"" , ;:.: 110r .`!.Y, . '-r . ,4, 130 , r1x':' 130 47T .:- : i,,:J.. -, . 3773 :,g LOC-1NER 8/31/2011 o®o HLA Classification EXHIBIT B (3) 8/31/2011 Cascade Mill District Fair Avenue Extension Yakima, Washington HBB Landscape Architecture Hourly Billing Total Labor Total Rate Hours Salary Costs Principal Project Manger Designer Computer / Tech Administration Salary Escalation Total HBB Labor Cost: $182.22 87 $15,853.14 $123.44 256 $31,600.64 $79.35 224 $17,774.40 $63.19 468 $29,572.92 $55.84 36 $2,010.24 Total Labor Cost 1,071 $96,811.34 2012 12.50% 4% $484.06 Total HBB Labor Rounded $97,295.00 $97,295.00 Direct Reimbursables: Travel $ 3,802 Per Diem $ 4,200 Reproduction (External Only) $ 300 Communications $ Graphics/Miscellaneous $ 3,450 Reimbursables Subtotal: Rounded $11,752 $11,752.00 Total Project - HBB Landscape Architecture, Inc. $109,047 $109,047.00 8/31/201 1 Cascade Mill District Fair Avenue Extension Yakima, Washington HBB - PERSON HOUR ESTIMATE Work Element Number Work Element LABOR CLASSIFICATION HBB TOTAL HOURS Principal Project Manager Designer Computer Techh Admin 1.0 1.1 . Project Management Services ... .,a.. ., ...,. ,�. ,.� Project Coordination a a*,.s.,� 16 �� ,_..... �.. a:,a,,yt,,..®,,.., ,.a�.�,A.., ...,7,. ..w.,. .... ,,,. 16 1.2 Council Meetings (3) 8 8 16 1.3 Web Site 8 4 12 1.4 Project Flyers 3 3 6 1.5 Regular Communications with City a Coordination with City 0 b Kick-off Meeting 8 8 16 c Status Report and Meetings 2 26 6 34 •aaz.'"-,.,,,. .;yi:,s,,, ^yrpv4. sys:�y_:-. ,..r , ,UIto It. iemcnt 1, Taf11 "w...ra.,�tit"'t f ,.a29 .:: :w-=-. ,..�,ns � 65 � „.3�^«7'F.''7'+".r<,. ;. 7 O ,-':Y,.�,�;,. Ori y, ,,,,.., 6 � ,, ,p.,„ r 1 OA 2.0 2.1 Conceptual Design Conceptual Layouts with City 3 3 2.2 Collect As -Built Plans 0 2.3 Collect Transpoartation Plans 0 2.4 Collect Other Site Information 0 2.5 Conduct Site review with City 0 2.6 Develop Aerial Base Map from existing data 0 2.7 Prepare Roadway Conceptual Design 10 16 40 3 69 2.8 Prepare Conceptual Design of City Utilities 0 2.9 Coordinate and Prepare Layouts for Private Utilities 0 2.10 Develop Conceptual Landfill Crossing Requirements 0 ,�, �. �.�. y.,,_N�, r , $.bpi.. �...aa:' u,� 9`�'Nl$."+9i'.�.S�y+,'�r��`�li{ 3�''�"".,����3.5 .'.. �M. '"L.�'w — •-,aR,- PK '= ,_��;' ��K,'Wack�F'letnenty! Total`: d,�F ��., ��qr„�,?.... ew �w,3a Vit' 63'i� t+Y,'v, tA,. ��3�''` a�3�*�'. �kr .G .' : �l„O ;&. ...$5..ti.,. �`i. „b�� »`k °i-. +�.. � A�£16 "' _�4m �".t'.�Fr` tF�m 40 t* 'W k.. �^� �c �'� ,�< g aau �'Y.?;:•_•: ��* ;. 3.0 3.1 Preliminary Design Provide Control & Topographic Survey and Base Maps 0 3.2 Coordinate with Private Utilities and Develop Preliminary Layouts 0 8/31/2011 Cascade MiII District Fair Avenue Extension Yakima, Washington HBB - PERSON HOUR ESTIMATE Work Element Number Work Element LABOR CLASSIFICATION HBB TOTAL HOURS Principal Project Manager Designer Computer Techh Admin 3.3 Develop Preliminary Sanitary and Industrial Sewer Design 0 3.4 Develop Preliminary Potable Water Design 0 3.5 Review Fruitvale Canal Outlet 0 3,6 Consuct Drainage Analysis and Report 0 3,7 Develop Preliminary Roadway, Drainage and Utility Plans 3 12 14 28 2 59 3.8 Prepare Preliminary Roadway, Drainage and Utility Plans 3 9 12 40 1 65 3.9 Develop Opinion of Probable Construction Costs 0 3.1 Verify Design in Field 0 3.11 Quality Control 0 3.12 Preliminary Submittal and Meeting with City 0 +,.r:' ' titiN r��� 4�: hr .�s 3:19 ?' 'Fk', n r r .�, r � � �" `��orlc Clement�3 Tot ( 4 .., f u 6Y iss "� - "st^',E 21 ,,,.... o- ;� �26 � i%4' wR 7s� �� 68x� 3 G 3 924 7.0 7.1 Final Design Engineering & PS&E Prepare Engineering Drawings 40 120 120 222 10 512 7.2 Prepare Cross Sections 0 7.3 Prepare Contract Documents 3 16 14 40 5 78 7.4 Incorporate City's Contract Requirements in Contract Documents 0 7.5 Prepre Final Estimate of Probable Construction Costs 12 30 74 6 122 7.6 Quality Control of Contract Documents 0 7.7 Prepare Reproducible Copy of Contract Documents 0 7.8 Provide City with Calculations and Survey Notes 0 7.9 Provide Construction Bid Process Services 6 12 18 24 3 63 . iirki.wlenenigtHl n j`� �.',,' a�1 r182M fiV360p< i2 sZ75:. GRAND TOTAL87 & �'-rv98ti Axa i" aiJi•- .. 2' �5 y^p�,r+„' 256 }@�,A_u3'•-X � PL yaM'S�4<�J '� �:.-"• & 224 �"'(Y'A. & def, �� `k'ae:',.��' ;d' °� °ie5 •'N f,n P`+•,N'wP;q��M�r'',j 1071 468 36 r�W.,yfi _ }3 ..,_ �.,: r�S�:�:�� �A �oint.l Classification EXHIBIT B (4) Cascade Mill District Fair Avenue Extension Yakima, Washington SLR International Corporstion 8/31/2011 Hourly Billing Total Labor Total Rate Hours Salary Costs Principal Geologist, Engineer, Scientist $175.00 36 $6,300.00 Senior Geologist, Engineer, Scientist $125.00 71 $8,875.00 Project Geologist, Engineer, Scientist $110.00 12 $1,320.00 Staff Geologist, Engineer, Scientist $82.00 68 $5,576.00 Senior Drafter/CAD $77.00 36 $2,772.00 Word Processor/Clerical $72.00 18 $1,296.00 Total Labor Cost 241 $26,139.00 Total SLR Labor Cost: $26,139.00 Direct Reimbursables: Travel $ 1,166.00 Per Diem $ Reproduction (External Only) $ 245.00 Communications $ Miscellaneous $ 600.00 Graphics $ Others $ 289.00 Reimbursables Subtotal: Rounded $2,300.00 Total $28,439.00 Cascade Mill District Fair Avenue Extension Yakima, Washington SLR International - PERSON HOUR ESTIMATE Work Element Number Work Element LABOR CLASSIFICATION SLR TOTAL HOURS Principal Sr Engr Assoc Sr • Engr GIS Spec Sr Project 6.0 6.1 Landfill Crossing Remediation Design & Geotechnical Investigations Develop Landfill Crossing Concept Requirements 12 27 8 12 2 61 6.2 Landfill Design Support 24 44 12 60 24 16 180 6.3 Geotechnical Investivations & Engineering 0 6.4 Hazardous Materials Technical Report 0 '.•-'Li "a »�. ..a.,'ma. Work%Elerii6MI64,Ot4I > s, X36` : ':.. ', e'er . 71Via.+ �.., 12 .Y s.:.,Y ': 68P z' i *, 36 to- . .;fm3.•_e .42��^f 6+�'�';18 1 : �k:i *nip .,. �.N;, .247; . GRAND TOTAL p"PT y S'i i'�.. �b 36 r� �*`�rz�+"s '�i�''k'L*:?� 71 � y��`rf5 G �'� JFi 1 � 'g3�.s. 'k� 12 ,a�u� 'fl k�n"i X y S:s 68 .. �i„E,•y ��, �` ��r�.k �' � 36 k � � 18 z� 241 4 :,.., %atm, �^�3�,J•,.riir� �.,�,� "�"a-�;§";:; 8/31/2011 Classification 8/31/2011 Cascade Mill District Fair Avenue Extension Yakima, Washington HWA Associates Hourly Billing Total Labor Total Rate Hours Salary Costs Principal Sr. Engineer Geologist CAD Administration Total HWA Labor Cost: $180.00 42 $7,560.00 $175.00 72 $12,600.00 $108.00 68 $7,344.00 $74.00 18 $1,332.00 $69.00 9 $621.00 Total Labor Cost 209 $29,457.00 $29,457.00 Direct Reimbursables: Travel $ 660.00 Per Diem $ 450.00 Reproduction (External Only) $ Field Supplies $ 100.00 Drilling Subcontractor $ 10,095.00 Laboratory Testing $ 2,235.00 Reimbursables Subtotal: Rounded $13,540.00 Total $42,997.00 Cascade Mill District Fair Avenue Extension Yakima, Washington HWA - PERSON HOUR ESTIMATE 8/31/2011 Work Element Number Work Element LABOR CLASSIFICATION HWA TOTAL HOURS Principal Sr Engr Geologist CAD Admin 6.0 6.1 Landfill Crossing Remediation Design & Geotechnical Investigations Develop Landfill Crossing Concept Requirements 0 6.2 Landfill Design Support 0 6.3 Geotechnical Investivations & Engineering 40 50 68 12 4 174 6.4 Hazardous Materials Technical Report 2 22 6 5 35 gfC ry °.19.h k r' ! `f Y' "h`..� '%°-Attw,%'i'az'.': can k' '�'° @� t�' _ Work Element ,6xTotat °42� i+M.n�,4, X v'J� id� L�. J `#+�i' c �k �� 'C�% �E�ii4 bi 8' ��.6 :Py' 9M v �.��f, 72 C 9z �.�'+", �"'8' h b/ , i� R .F'Z�, �y��aro'�s�&�,., GRAND TOTAL ; ;'�F" y� ''k'2^$i�ei,'.'R 42 *4 �k 'h'n «?^^"Y t-.✓.'4.ur^: 72 �+d�6� . 8 ;�y. 'ec3. �' a�:.K Ms.ta��r:46 68 f'" " � fi.{ a.. i..?kjNsrV 18 4'fi Wi` �kn is .;"c.u�'.' 9 rte, fg;`':n . 209 v BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1D For Meeting of September 6, 2011 ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute an Engineering Consultant Agreement with H. W. Lochner, Inc., in an amount not to exceed $1,164,000, for the Cascade Mill Redevelopment — Fair Avenue Extension Project. This resolution also authorizes the City Manager to execute other contracts and agreements required for this project. SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer— 576-6678 SUMMARY EXPLANATION: In 2008, the City was successful in receiving Local Infrastructure Financing Tool (LIFT) funding, in an amount up to $25 million, to construct public infrastructure that will aid the redevelopment of the Boise Cascade Sawmill Site. To initiate design of Phase 1, the City has received $500,000 from Yakima County SIED funds and will receive $625,000 in LIFT revenue beginning September 2011. The proposed Engineering Consulting Agreement with H. W. Lochner will provide for the preliminary engineering, environmental documentation, right of way acquisition and construction engineering required to extend Fair Avenue from Lincoln Avenue to 'H' Street. The Design Team assembled by H. W. Lochner was selected by following the federal consultant selection procedure. Request for Qualifications (RFQ) were sent to several consulting firms on the Municipal Research and Services Center's (MRSC) roster. This RFQ resulted in three design teams, consisting of several consulting firms, submitting Statements of Qualification (SOQ). Interviews were held on May 2, 2011 with each of the Design Teams. The team led by H. W. Lochner, was selected as being the most highly qualified. Staff recommends that the Design Team led by H. W. Lochner be retained for engineering services required for the development of the Fair Avenue Extension project. Resolution XX Ordinance Contract XX Other (Specify) Funding Source: Fund 323 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council adopt the resolution authorizing the execution of the Engineering Consulting Agreement with H. W. Lochner, Inc. BOARD/COMMITTEE/COMMISSION RECOMMENDATION: COUNCIL ACTION: 12--po11-135 i 7 ® A� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ATE(M 5/7/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Illinois, Inc. 233 S Wacker Dr Ste 2000 Chicago IL 60606 CONTACT NAME: . E>r0:312 288 7700 FAX INC. Nor:312-234-0643 %L ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Lexington Insurance Company 19437 INSURED H W Lochner, Inc. 20 N. Wacker Drive Suite 1200 Chicago IL 60606 INSURER B INSURER C . INSURER D . $ INSURER E. $ INSURER F . COVERAGES _ CERTIFICATE_ NUMBER: 1486452991 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE 7 POLICY LIMIT APPLIES JECOT PER LOCPR $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below / N t1 / A WC STATU- TORY LIMITS OTH- ER E.L. EACH.ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability 044177432 5/1/2012 5/1/2013 $2,000,000 Per Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re Fair Avenue'Extension Project; Project No 5224 CERTIFICATE HOLDER CANCELLATION City of Yakima 129 North Second Street Yakima WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Supplemental Agreement Supplemental Agreement Number: 4 Original Contract Number: 2011-73 City Engineering Project Number: 2337 Project Title: Cascade Mill Redevelopment — Fair Avenue Extension Project Maximum Total Amount Payable for the Agreement: Organization and Address: H.W. Lochner, Inc 915 118th Avenue SE, Suite 130 Bellevue, WA 98005 Execution Date of Supplement: December 14, 2018 Completion Date of Supplement: December 31, 2021 Maximum Amount Payable this Supplement: $2,360,163 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with H. W. Lochner, Inc., and executed on September 9, 2011 by Resolution lea. 2011-135and identified as Contract 2011-73. All provisions in the basic contract remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2: Scope of Services This Supplemental Agreement does not add any work, it just extends the time for completion to December 31, 2021. Section 5: Compensation No additional compensation is being added to the agreement. The total amount of the Agreement will remain at $2,360,163. If you concur with this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return to this office for final action. ant Signature CITY CONTRAC r O"< RESOLUTION N By: Manager Signature Date