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05/18/2021 04K Resolution Authorizing an Agreement with H.W. Lochner, Inc for Professional Services for the design of Bravo Company Boulevard Phases 2 and 3BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 4.K. For Meeting of: May 18, 2021 ITEM TITLE: Resolution authorizing an Agreement with H.W. Lochner, Inc for Professional Services for the design of Bravo Company Boulevard Phases 2 and 3 SUBMITTED BY: Scott Schafer, Public Works Director Bill Preston, City Engineer (509) 575-6754 SUMMARY EXPLANATION: The redevelopment of the Cascade Mill site is an economic development priority of the City Council. In September of 2011, the City authorized an agreement with H.W. Lochner, Inc. (R- 2011-135) to provide professional services for engineering and design of the roads and utilities to facilitate the conversion of the former lumber and sawmill site to a mixed use area that would provide significant employment opportunities and create a welcoming entrance to the City. Over the years, there have been 14 amendments to the Agreement changing the scope, schedule, and budget of the project. To date, the City has expended approximately $2,700,000. Due to the complexity of the various scope changes, the added and deleted work, and the onsite changes that have taken place since 2011, it was decided in the best interest of the City to close the existing Consultant Agreement. This new Agreement with Lochner, Inc. will utilize the previous work that was done and complete the design of Bravo Company Boulevard from the existing south couplet improvements, located north of the Fair Avenue/MLK Roundabout to the `H' Street and 7th Street intersection in an amount not to exceed $551,189. The professional services of this Agreement are eligible expenses that have been, and will continue to be, reimbursed by the LI FT funding. D STRATEGIC PRIORITY: • I • Adopt Resolution. Yes Economic Development ATTACHMENTS: Description Upload Date Type Resolution - Lochner Phase 2 & 3 5/3,12021 Resolution Consultant Agreement 5/3/2021 Contract RESOLUTION NO. 2021 - A RESOLUTION authorizing an Agreement with Lochner, Inc. to prepare civil engineering plans and specifications for the Bravo Company Boulevard project (PROJECT) WHEREAS, in September, 2011, the City of Yakima (City) entered into an agreement with Lochner, Inc. for the design of the PROJECT, and WHEREAS, due to the various changes in the PROJECT and length of time between the original agreement and current PROJECT plan needs it was necessary to enter into a new agreement with Lochner that will complete the plans, specifications and estimate for the PROJECT, and WHEREAS, the Agreement will complete the design of Bravo Company Boulevard from the existing south couplet improvements, located north of the Fair Avenue/MLK Roundabout to the `H' Street and 7th Street intersection; allowing the City to go to ad for construction of the PROJECT; and WHEREAS, Lochner, Inc. has provided a Scope of Work included in this Professional Services Agreement that meets the needs and requirements of the City for this PROJECT and the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to enter into this agreement with Lochner; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Professional Services Agreement with Lochner, Inc., attached hereto and incorporated herein by this reference, not to exceed Five Hundred Fifty -One Thousand, One Hundred Eighty -Nine Dollars ($551,189), to provide the Professional Services as described in the Agreement ADOPTED BY THE CITY COUNCIL this 18th day of May, 2021. Patricia Byers, Mayor ATTEST: Sony Claar-Tee, City Clerk 4 AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND H.W. Lochner, Inc FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of 2021, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and H. W. Lochner, Inc with its principal office at 915 118" Avenue SE, Suite 130 Bellevue 98005, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide engineering services under this Agreement for Bravo Company Boulevard on behalf of the City of Yakima, Project No. 2337, herein referred to as the "PROJECT." WITNESSETH RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Steve Lewis as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled 'Bravo Company Boulevard Design Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional _Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 5 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 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 applicable to 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 professional duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION Page 2 A 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 ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hour!y Rates attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent (10%), and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 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 Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Five Hundred Fifty -One Thousand, One Hundred Eight Nine Dollars ($551,189). The ENGINEER shall make all reasonable efforts to complete the WORK within the budget and will keep CITY informed of Page 3 M 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 and details determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 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 (6111) 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 CITY's written acceptance and after such audit or verification as CITY may deem necessary, together with ENGINEER's execution and delivery of a release of all known payment claims against CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 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, designs, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. Page 4 M 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 shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, agents, officers, employees and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorney's fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses 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, omission or willful misconduct arising out of the Engineer's performance under 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 other necessary satisfaction. (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) 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. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' Page 5 0 or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 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 contractors' compliance with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 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 and appropriate standard of professional care, thoroughness and judgment in performing 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 attached Exhibits. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated or avoided. 7.2 Not later than the tenth (loth) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the CITY's request for presentation to other governmental agencies and/or to the public. SECTION 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 Page 6 10 sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or omissions. 8.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be owned by and vested in the CITY. 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 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY's duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER's WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's written comments, if any. 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 the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than those stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher Page 7 m coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. 10.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 10.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 10.1.1 entitled "Commercial General Liability Insurance". C. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law, 10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first Page 8 12 giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. 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 subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 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. 13 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 for all disputes arising under this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 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 the PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 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, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 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 the effective termination date. 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 Page 10 14 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. 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 assume 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 or performance of this Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If neither of the afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with Page 11 IR SECTION 14. 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 Attn: Mr. Bill Preston, City Engineer Yakima, WA 98901 ENGINEER:H.W. Lochner, Inc. Attn: Steve Lewis 915 118th Avenue SE, Suite 130 Bellevue 98005 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 [City Manager] Printed Name. Bob Harrison Title:., City Manager Date: Attest City Clerk Page 12 H.W. Lochner, Inc. I' Signature Printed Name. Title, ; "` 16 STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Cliff Moore is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 13 ffi STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she 'signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 14 INTRODUCTION...........................................................................................................................................1 Assumptions & Exclusions ...................... ....... ................. ....... ................... ..... ___2 COMPLETE DESIGN of BRAVO COMPANY BLVD — STAGE ONE...........................................................4 Task 1: Project Management ................ ................................................................. ...........4 Task 2: Revise Bravo Company Boulevard (final) Plans to Add Bicycle Lanes....:. ......... ......... .„....-.....4 Task 3: Final Submittal Bid -Ready Design and Bidding Support ........................... ..... _ .5 3.1 Special Provisions and Bid Documents .................. ...................................... ................ 5 3.2 Opinion of Probable Construction Costs .......................... .5 3.3 QA/QC of Final Design ....... .......................... .......... .,...... ..,..............,.......... 5 3.4 Prepare and Submit Final Bid -Ready PS&E Package ..................... .6 3.5 Bidding Support Services . 6 3.6 Prepare Addenda ................ ........,. , .......:.,..,.,.; .....,,................... 6 3.7 Attend Bid Opening.............. .......:........................... ........ ,...,...w ........ ........ ........:..6 COMPLETE DESIGN of BRAVO COMPANY BLVD - STAGE TWO .......................................................... 7 Task1: Project Management............................................................................... ......... .7 Task 2: Revise Bravo Company Boulevard (final) Plans to Add Bicycle Lanes....,:......... ......... ...... 7 Task 3: Final Submittal Bid -Ready Design and Bidding Support ....................... _8 3.1 Special Provisions and Bid Documents ................................................. .................... 8 3.2 Opinion of Probable Construction Costs .............................................. ........ ....................8 3.3 QA/QC of Final Design . . 8 3.4 Prepare and Submit Final Bid -Ready PS&E Package ..................................................... 9 3.5 Bidding Support Services . 9 3.6 Prepare Addenda ........ ............. .................b ....... ,....... ........ .......m. .... ,...,...:. 9 3.7 Attend Bid Opening ............... ..... ..:........ ....................... ................. ___ ....... 9 December 20, 2019 LOCHNER 19 Bravo Company Boulevard Design Scope of Services Exhibit INTRODUCTION The City of Yakima and Yakima County have been jointly working toward the redevelopment of the Boise Cascade Mill Site and East-West Corridor Congestion Relief Project. In 2015, the City of Yakima completed construction of the first of multiple stages to these projects, the Fair Avenue Roundabout and short extension of Bravo Company Boulevard. The construction of the next phase of Bravo Company Boulevard must be completed for the East-West Corridor to have a connection point to the existing street system. Because development of roads has been challenged by the location of waste deposits that include an old municipal landfill and deposits of woody debris from the operations of the Boise Cascade Mill, the City has expended considerable effort to develop a mitigation plan for those waste deposits, including previous approval of Phase One design services to remove municipal solid waste and woody debris, then fill the void with engineered fill, including a barrier between what will become the new street and the remaining landfill. This scope of services includes the design work necessary to complete the design of Bravo Company Boulevard. Outlined below is the scope of services for the completion of the design of Bravo Company Boulevard. • The design will consist of two constructions stages: Stage 1 — Completion of the design from the current terminus north of the Fair Avenue Roundabout, through the second roundabout, and terminating just north of the railroad tracks. The east leg of the second roundabout will be designed in conjunction with Yakima County's East-West Corridor design to ensure the two projects meet appropriately. The design will utilize the work Lochner has already done on this section and will include adjustments for adding a buffered bicycle lane; • Stage 2 — Completion of the design from the terminus of Stage 1 to the "H" Street and 7m Street intersection. The design will utilize the work Lochner has already done on this section and will include adjustments for adding a buffered bicycle lane and extending a multi -purpose path to the Yakima Greenway Trail, and Services include design of water and sewer utilities within the roadway right-of-way. Design of both stages will begin concurrently in order to maintain the construction schedule anticipated by both the City and County for the combined City and County projects. If funding becomes available to combine Stage 1 and Stage 2 into one construction contract, the City will initiate an amendment to this scope to have Lochner perform the necessary work and will adjust compensation to Lochner through negotiations. June 24, 2020 Page 11 LOCHNER 20 Bravo Company Boulevard Design Scope of Services Exhibit ASSUMPTIONS & EXCLUSIONS • Permits, right -of -entry, access, and utility notification is not within the scope of services provided by the CONSULTANT; • The City and/or County will coordinate directly with environmental agencies and the Yakima Indian Nation; • Prepare plans using AutoCAD Civil 3D; • A new survey base model will need to be done to capture any changes since the original survey was done. • Reports and drawings provided under this contract will be provided in electronic format, including PDF, Microsoft Office, and AutoCAD; • Current roadway geometrics and grades will not change with the exception of roadway elements that are affected by the addition of bicycle lanes; • Every effort will be made to minimize the number of profiles used for the design. Where possible curb, gutter, and sidewalk elevations and offsets will be referenced from centerline of the roadway. • Municipal Solid Waste and log yard wood debris for Stage 1 has been removed by the CITY in compliance with Department of Ecology Interim Action Work Plan for the Municipal Landfill site • Work conducted within the City limits will meet City design standards; • Bicycle lanes will be a total of 6-feet in width, the bicycle lanes will be 4-feet wide with a 2-foot wide painted buffer next to the traffic edge line; • This project will include ground improvements to backfill the area beneath the new roadway and utility zone to finished subgrade for the proposed roadway construction; • Utilities will be as currently designed and not impacted by the addition of bicycle lanes; • With the addition of bicycle lanes, 11-foot wide general purpose traffic lanes are acceptable to the City; • Plans, specifications, and contract documents, to the extent feasible, will be developed in accordance with the latest edition and amendments of the following: o Washington State Department of Transportation/American Public Works Associations, 2021 "Standard Specifications for Road, Bridge, and Municipal Construction"; o Washington State Department of Transportation, "Highway Design Manual; and o FHWA "Manual on Uniform Traffic Control Devices for Streets and Highways. • Calculations, analyses, design, plans, specifications, and other project work will be prepared in English units and the use of metric units will not be required; • Two constructability meetings will be held prior to final plans. The first will be within one month of beginning work and the second will be within two months of final delivery of the plans. These meeting can be in lieu of a Project Management meeting. June 24, 2020 Page 12 LOCHNER 21 Bravo Company Boulevard Design Scope of Services Exhibit A • Lochner excludes Quality Control review of HLA design and engineering work but has required HLA to submit a Quality Assurance/Quality Control (QA/QC) plan and certify they are in compliance with that plan for each submittal; • Construction Support Services are not included in this agreement. • Utilities that cross the "non -permeable barrier" wall will provide for re-establishing the barrier integrity. • Lochner will obtain the required railroad permit for the utility and roadway crossing. In accordance with Supplement #14 the railroad permit will be obtained by HLA. • Final PS&E and bidding documents will be delivered to the it by March 31, 2022. If there are no changes initiated by the City to the final grade of Bravo Company Boulevard, PS&E and bidding documents will be delivered by Dec 31, 2021. The current grade is the centerline profile as delivered to the City in Sept 2017. June 24, 2020 Page 13 LOCHNER 22 Bravo CompanyDesign Scope Exhibitr COMPLETE DESIGN OF BRAVO COMPANY BLVD — STAGE ONE The CONSULTANT will prepare bid ready documents to complete the design of Bravo Company Boulevard, from the current terminus north of the Fair Avenue Roundabout, through the second roundabout, and terminating just north of the railroad tracks. The east leg of the second roundabout will be designed in conjunction with Yakima County's East-West Corridor design to ensure the two projects meet appropriately. TASK 1: PROJECT MANAGEMENT The CONSULTANT will prepare up to six (6) monthly progress reports and invoices. Periodic coordination with City and County staff, including up to six (6) monthly coordination meetings with no more than three (3) CONSULTANT staff members in attendance (not including subconsultants as required). DELIVERABLES: • Meeting Agendas and notes • Monthly invoices and progress reports TASK 2: REVISE BRAVO COMPANY BOULEVARD (FINAL) PLANS TO ADD BICYCLE LANES The CONSULTANT will revise final Bravo Company Boulevard plans to add 4-foot wide bicycle lanes with 2-foot buffers (for a combined width of 6-foot wide bicycle lane) on both sides of Bravo Company Boulevard and reduce the general purpose traffic lane widths to 11-feet. • Revise typical roadway sections to reflect addition of bicycle lanes and revisions to roadway widths; • Revise final plans showing roadway, median, and roundabout geometrics to accommodate bicycle lanes; • Plan revisions to the final Bravo Company Boulevard concrete panel joint plan, splitter island details, roadway profiles, railroad crossing, curb profiles, illumination plans, channelization and signing plans to accommodate bicycle lanes; • Adjust catch basin locations and rim elevations and stormwater convey piping to reflect changes to the outside perimeter curbs due to the addition of the bicycle lanes ; • Due to increase in impervious area the stormwater analysis for treatment and infiltration pond size will be updated; • Revise roundabout intersection geometrics and grades if needed; • Evaluate and revise roundabout design to accommodate bicycle lanes and bicycle ramps; • Adjust roundabout splitter islands; • Validate roundabout(s) fastest path; • Validate roundabout(s) design vehicle turning movements; • Revise roundabouts(s) curb return tables; June 24, 2020 Page 14 LOCHNER 23 Bravo Company Boulevard Design Scope of Services Exhibit • Prepare roundabout intersection design report; • Prepare Engineer's Opinion of Probable Cost for the project delivery package; • Prepare plan set delivery package; • Prepare the bid and contract documents delivery package; • Preform quality control review on calculations, plans, and special provisions per the WSDOT Standard Specifications; and • Revise sewer and domestic water utility design if needed. DELIVERABLES: • PS&E Review Set submittal Plans and Bid and Contract Documents. The CONSULTANT will provide the City and County three (3) sets each of hard copy contract documents and plans in half size plan format and digital copy of contract documents and plans in PDF format; • Revised stormwater analysis and report for Bravo Company Boulevard for both Stage 1 and Stage 2. After the City and County have reviewed the PS&E Review Set submittal the CONSULTANT will finalize the plans and contract documents for Bid Ready plans and contract document, and Engineer's Opinion of Probable Cost and submit them to the City and County. 3.1 SPECIAL PROVISIONS AND BID DOCUMENTS The CONSULTANT will finalize the special provisions for items not included or revised from the WSDOT 2021 Standard Specifications for Road, Bridges, and Municipal Construction. The CONSULTANT will also complete the front-end bid documents for the project with templates provided by the City. DELIVERABLES: None (included in 3.4 deliverable Final Bid -Ready PS&E Package) The CONSULTANT will prepare quantity takeoffs and update the opinion of probable construction costs. DELIVERABLES: • Final Estimate of Probable Construction Cost 3.3 QA/QC OF FINAL DESIGN The CONSULTANT will conduct an in-house quality review of the plans and specification before they are submitted to the City. DELIVERABLES: None June 24, 2020 Page 15 LOCHNER 24 wBravo Company Boulevard Design Scopeof Services Exhibit A qa 3. /: PREPARE AND SUBMIT I: BID -READY PACKAGE The CONSULTANT will revise documents based on QC review comments and combine discipline design documents into one PS&E submittal package. • Bid Package for Stage 1 — From the north leg of Bravo Company Boulevard and Fair Ave Roundabout through the second roundabout, and terminating just north of the railroad tracks. DELIVERABLES: • PDF Electronic Copies of the final plans, specifications and cost estimate • One (1)set of bid documents ready for printing 3.5 BIDDING SUPPORT SERVICES The CONSULTANT will provide assistance during the bidding process for this project. This work will include the preparation of responses to bidder's questions, coordinating with designers, the City and the County. DELIVERABLES: • Written response to bidder RFls The CONSULTANT will prepare addenda as required, for budgeting purposes, up to two (2) addenda are assumed. DELIVERABLES: • Contact addenda (limited to two addenda) 3.7 ATTEND BID OPENING The CONSULTANT will attend the bid opening to assist the City and County in the bid opening process. The CONSULTANT will review bids received for conformance with bidding criteria and prepare a bid summery and bid tabulation. DELIVERABLES: • Bid abstract June 24, 2020 Page 16 LOCHNER 25 Bravo Company Boulevard Design Scope of Services Exhibit COMPLETE DESIGN OF BRAVO COMPANY BLVD - STAGE TWO The CONSULTANT will prepare bid ready documents to design Bravo Company Boulevard, from the terminus of Stage 1 to the "H" Street and Th Street intersection, including bicycle lanes and extending a multi -purpose path to the Yakima Greenway Trail. TASK 1: PROJECT MANAGEMENT Prepare up to six (6) monthly progress reports and invoices. Periodic coordination with City and County staff, including up to six (6) monthly coordination meetings with no more than three (3) CONSULTANT staff members in attendance (not including subconsultants as required). DELIVERABLES: Meeting Agendas and notes Monthly invoices and progress reports TASK 2: REVISE BRAVO COMPANY BOULEVARD (FINAL) PLANS TO ADD BICYCLE LANES The CONSULTANT will revise final Bravo Company Boulevard plans to add 4-foot wide bicycle lane with 2- foot buffer (for a combined width of 6-foot wide bicycle lane) on both sides of Bravo Company Boulevard, and reduce the lane widths to 11-foot wide general purpose traffic lanes. • Revise typical roadway sections to reflect addition of bicycle lanes and revisions to roadway widths; • Revise final plans showing roadway, median and roundabout geometrics to accommodate bicycle lanes; • Relocate multi -purpose use path connecting to the Yakima Greenway Trail out of the BNSF right-of-way; • Plan revisions to the final Bravo Company Boulevard concrete panel joint plan, splitter island details, roadway profiles, railroad crossing, curb profiles, illumination plans, channelization and signing plans to accommodate bicycle lanes; • Adjust catch basin locations and rim elevations and stormwater convey piping to reflect changes to the outside perimeter curbs due to the addition of the bicycle lanes ; • Due to increase in imperious area the stormwater analysis for treatment and infiltration pond size will be updated; • Revise roundabout intersection geometrics and grades if needed; • Evaluate and revise roundabout design to accommodate bicycle lanes and bicycle ramps; • Adjust roundabout splitter islands; • Validate roundabout(s) fastest path; • Validate roundabout(s) design vehicle turning movements; • Revise roundabouts(s) curb return tables; June 24, 2020 Page 17 LOCHNER 26 Bravo Company Boulevard Design Scope of Services Exhibit • Prepare roundabout Intersection design report; • Prepare Engineer's Opinion of Probable Cost for project delivery packages; • Prepare plan set for project delivery package; • Prepare bid and contract documents for project delivery package; • Preform quality control review on calculations, plans, and special provisions to WSDOT Standard Specifications; and • Revise sewer and domestic water utility design if needed. DELIVERABLES: • PS&E Review Set submittal Plans and Bid and Contract Documents, including three (3) sets each for the City and County in half size plan format and digital copy of contract documents and plans in PDF format • Revised stormwater analysis and report for Bravo Company Boulevard from H Street and 7tn Street intersection to the terminus of Stage 1 . i . After the City and County have reviewed the PS&E Review Set submittal, the CONSULTANT will finalize the plans and contract documents for Bid Ready plans, contract documents, and Engineer's Opinion of Probable Cost for final submittal to the City and County. The CONSULTANT will finalize the special provisions for items not included or revised from the WSDOT 2021 Standard Specifications for Road, Bridges, and Municipal Construction. The CONSULTANT will also complete the front-end bid documents for the project with templates provided by the City or County. DELIVERABLES: None (included in 3.4 deliverable Final Bid -Ready PS&E Package) The CONSULTANT will prepare quantity takeoffs and update the opinion of probable construction costs. DELIVERABLES: • Final Estimate of Probable Construction Cost 3.3 QA/QC OF FINAL DESIGN The CONSULTANT will conduct an in-house quality review of the plans and specification before they are submitted to the City and County. DELIVERABLES: None June 24, 2020 Page 18 LOCHNER 27 -k Bravo Company Boulevard Design of Exhibit A 3.4 PREPARE AND SUBMIT FINAL BID -READY PS&E PACKAGE b+"F3af r 4 The CONSULTANT will revise documents based on QC review comments and combine disciple design documents into one PS&E submittal package. Bid Package for Stage 2 — From Bravo Company Boulevard, from the terminus of Stage 1 to the "H" Street and Th Street intersection, including bicycle lanes and extending a multi -purpose path to the Yakima Greenway Trail. DELIVERABLES: • PDF Electronic Copies of the final plans, specifications and cost estimate. • One (1) set of bid documents ready for printing. The CONSULTANT will provide assistance during the bidding process for this project. This work will include the preparation of responses to bidder's questions, coordinating with designers and the City. DELIVERABLES: • Written response to bidder RFls The CONSULTANT will prepare addenda as required, for budgeting purposes, up to two (2) addenda are assumed. DELIVERABLES: • Contact addenda (limited to two addenda) 3.7 ATTEND BID OPENING The CONSULTANT will attend the bid opening to assist the City in the bid opening process. The CONSULTANT will review bids received for conformance with bidding criteria, and prepare a bid summery and bid tabulation. DELIVERABLES: Bid abstract June 24, 2020 Page 19 LOCHNER 28 City of Yakima Bravo Company Boulevard Design Services Yakima Mill Site Redevelopment Design Services Add Bike Lanes and Ad Ready PS&E of Bravo Company Boulevard Segments One & Two City of Yakima H. W. Lochner, Inc. Direct Overhead Fixed Fee Loaded Total Classification Rate 1.5529 0.298 Rate Hours Project Principal/ Principal Engineer $ 99.55 $ 154.59 $ 29.67 $ 283.81 24 $ Project Manager/Project Engineer $ 73.56 $ 114.23 $ 21.92 $ 209.71 318 $ QC Manager/Project Engineer $ 73.24 $ 113.73 $ 21.83 $ 208.80 100 $ Sr. Roadway Engineer $ 59.09 $ 91.76 $ 17.61 $ 168.46 404 $ Roadway Designer $ 46.50 $ 72.21 $ 13.86 $ 132.57 296 $ Drafting $ 42.37 $ 65.80 $ 12.63 $ 120.79 350 $ Administration Project Control $ 25.75 $ 39.99 $ 7.67 $ 73.41 76 $ Subtotal Lochner Labor: 1,568 $ 2020 Cost of Living Increase 30.00% 2.00% $ Total Lochner Labor Cost $ Lochner Direct Expenses: Cost Mileage $ 1,392 Travel $ - Graphics/Reproduction $ 2,000 Postage/Shipping $ 100 Other Expenses $ - Total Lochner Direct Expenses: $ Firm Total: H.W. Lochner, Inc. $ Sub consultant Estimates:: Cost HLA $ 202,100 RANI $ 16,039 HBB $ 24,058 B&O Tax 1.8% $ 4,360 Total Labor 6,811 66,688 20,880 68,058 39,240 42,277 5,579 249,534 1,497 251,032 3,492 254,524 Total Subconsultants: $ 246,557 Management Reserve 10% $ 50,108 TOTAL FEE ESTIMATE $ 551,189 EXHIBIT 3/19/2021