HomeMy WebLinkAboutR-2021-064 Resolution Authorizing an Agreement with H.W. Lochner, Inc for Professional Services for the design of Bravo Company Boulevard Phases 2 and 3A RESOLUTION
RESOLUTION NO. 2021-064
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
atricia Byers, ayor
TTEST
() .90' .'' A -''-'0.
Sonya Claar\Tee, City CI: ik� Y 6.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND H.W. Lochner, Inc FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this of ^ 2021, hyand between
the City of Yakima, Washington, a municipal corporation with its principal offimeau 129 North Second Street,
Yakima, VVA989O1'(hereinafter referred tnas^C|TY')'and M.VV.Lochner, Inc with its principal office at9151t81h
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
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 bhas available and offers uoprovide personnel with knowledge and
experience necessary to satisfactorily accomplish the work within the required time and that ithas nuconflicts of
interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 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 toperform those services described hereafter. Unless modified inwriting hYboth
parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein.
3.0.2 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
3.1 ENGINEER agrees toperform those tasks described inExhibit /\ entitled "Bravo Company
Boulevard Design Scope of Services" (WORK) which is attached hereto and made a part of this
Agreement as iffully set forth herein.
2.3 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 tmax"Additional 5em|ces."
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 bythe parties hereto.
22.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and
the ENGINEER according to the provisions et forth in Exhibit B, attached hereto and
incorporated herein by this reference, and if so authorized, shall be considered port of the
PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by
CITY and agreed tobythe ENGINEER inwriting.
2.3 The ENGINEER must assert any claim for adjustment |nwriting 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
onauthorized regulatory agency.
3.3 ACCESS TOFACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible toENGINEER
as required for ENGINEER'S performance of its services and will provide labor and safety equipment as
reasonably required byENGINEER for such access.
3.3 TIMELY RsmsxV: 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
OTY'S Representative shall have complete authority to transmit instructions and receive information.
ENGINEER shall beentitled to reasonably rely onsuch instructions made bythe CnY'3 Representative
unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the
attention of the C|TY'5 Representative any instructions which the ENGINEER believes are inadequate,
incomplete, orinaccurate based upon the ENGINEER'S knowledge.
]S 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 oratlaw. The ENGINEER shall beentitled toreasonably rely upon the
accuracy and the completeness of such documents, senjus 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
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 COMPENSATION
5.1 COMPENSATION ON xT|k4E SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described in
Exhibit A, compensation shall be according to Exhibit C Schedule attached
hereto and incorporated herein by this reference, on atime spent basis plus reimbursement for direct
non*u|aryexpenses.
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 coots, including
current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing,
binding and reproduction charges; all ousts 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 he
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 inExhibit 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 bepaid for the operation, maintenance, and depreciation costs of company
or individually owned vehicles for that portion oftime they are used for
PROJECT WORK. ENGINEER, whenever possible, will use the least expensive
form ofground transportation.
� That reimbursement for meals inclusive nftips shall not exceed omaximum of
forty dollars ($40)per day per person. This rate may beadjusted onmyearly
basis,
^ That accommodation shall bea1areasonably priced hotel/mote.
+ That air travel shall bebycoach 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 inthe direct expense costs, but are considered included inthe
Schedule ofSpecific Hourly Billing Rates.
5.13 Professional Subconaubants. Professional Subconsultants are those costs for engineering,
architecture, gecuechnica| services and similar professional services approved by the CITY.
Reimbursement for Professional Subconoubants will be on the basis of actual costs billed plus a
reasonable markup, not to emceed ten percent (10%) for services provided to the CITY through
this Agreement. Estimated Subconsu|tantcosts are shown inExhibit 8.
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 (g551,1B9). The ENGINEER
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 inoeouai the
ENGINEER'S excess costs expended prior tosuch increase will be allowable tnthe name extent as if such
costs had been incurred after the approved increase, and provided that the City was informed in writing
atthe time such costs were incurred.
5.3 The ENGINEER shall submit »othe City's Representative an invoice each month for payment for PROJECT
services completed through the accounting cut-off day ofthe previous month. Such invoices shall befor
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 summary of
time expended on the PROJECT for the current billing period, copies ofoubconsu|tant invoices, and any
other supporting materials and details determined necessary by the City to substantiate the coats
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(o). The ENGINEER may resubmit such
item(s) in a subsequent invoice together with additional supporting information requested.
5.4 If payment is not mode within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61't) day at the rate of 1.0% per month or the
maximum interest rate permitted by law, whichever is less; pruvided, however, that no interest shall
accrue pursuant to Chapter 39.76 nCvv 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 ofany balance due the ENGINEER for PROJECT services will bemade within forty-five (45)
days after satisfactory completion of the services required by this Agreement as evidenced by CITvy
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 ofthe release instated amounts tobeset forth therein.
5.6 Payment for any PROJECT services and WORK shall no, constitute m waiver or release by CITY ofany
claims, right orremedy itmay have against the ENGINEER under this Agreement cvbylaw, nor shall such
payment constitute u waiver, remission, or discharge by CITY of any failure or fault of the ENG|mscn to
satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
61 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.
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) lithe 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'
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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 (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 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
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 beindemnified 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 oromissions.
8.3 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 orwhich 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 tosuch intellectual Property.
SECTION AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, including its subconsuhants,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 bythe CITY, tnverify the sNG|NEER'sWORK 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.
93 The ENGINEER agrees to the disclosure ofall 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 EN8|NEER'a written
comments, ifany.
8.4 The ENGINEER shall ensure that the foregoing paragraphs are included ineach 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 1orequire
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher
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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
10.11 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 ($3,VVU000OO)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 ineffect. Said policy shall beineffect 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-Vill or higher in
Best'sGuide and admitted \nthe State ofWashington.
10.1.2. Commercial Automobile Liability Insurance.
a. IfENGINEER owns any vehicles, before this Agreement is fully executed by the parties,
ENGINEER shall provide the CITY with o certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with atota| liability
limit of the limits required in the policy, subject to minimum limits of Two Million Dollars
($2,000000.00) 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 beadded tothe 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 |nsurance".
C. Under either situation described above in Section 10.12.a. and Section 10.1.2b, 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 ineffect. Said policy shall
bn|neffect for the duration nfthis 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 aorequired bystate law.
10.1.4. Professional Liability Coverage. Before this Contract isfully executed bythe parties, ENGINEER
shall provide the City with a certificate of insurance as proof ofprofessional 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 ($2,000000.00) aggregate.
The certificate shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are ineffect. Said policy shall beineffect for the
duration of this Contract. The insured shall not cancel or change the insurance without first
giving the CITY thirty (3O) calendar days prior written notice The insurance shall be with an
insurance company cvcompanies rated A-VUorhigher in8est'sGuide. Ifthe policy iowritten
on a claims made basis the coverage will continue in force for an additional two years after the
completion ofthis 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 C|TY'o elected and appointed
officials, officers, principals, employees, representatives, and agents shall have nuobligation
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 21 SUBCONTRACTS
111 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any
portion of the WORK to be performed under this Agreement.
112 Any oubxunuuhants 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 suboonou|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.
113 CITY does not anticipate ENGINEER subcontracting with any additional persons orfirms for the purpose of
completing this Agreement.
114 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 bbinding onthe heirs, successors and assigns of the parties hereto. This Agreement may
not beassigned byCITY orENGINEER without prior written consent ofthe other, which consent will not
beunreasonably withheld. It isexpressly intended and agreed that nothird party beneficiaries are created
by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the
parties tothis Agreement.
SECTION%3 INTEGRATION
13.1 This Agreement mepresent the entire understanding ofCITY and ENGINEER autothose matters contained
heren. No prior oral or written understanding shall be of any force or effect with respect to those
matters covered herein. This Agreement may not bemodified oraltered except inwriting signed byboth
parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction nflitigation arising from this Agreement shall be in Washington State. If any part of this
Agreement isfound toconflict with applicable laws, such part shall beinoperative, 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 e court of competent jurisdiction in Yakima
County, Washington.
SECTION15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER and ENG|NEER's svhconxubams 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, orlocal law. This provision shall include but not balimited tu
the following: emp|oyment, 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 A0reemenL smG|msER agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
SECTION%6 SUSPENSION OFWORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if
unforeseen circumstances beyond CITYo 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 ENG|NEER'ocontrol 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 bythis Agreement. The time for completion ofthe WORK shall beextended 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 onthe suspended portion ofProject inaccordance with SECTION 17.
SEKTION17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, inwhole orinpart, |fthe other party materially breaches its
obligations under this Agreement and isindefault through nofault mfthe terminating party. However, no
such termination may beeffected unless the other party |sgiven: (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 cum with the terminating party before termination. Notice shall be
considered issued within seventy-two (72) hours of mailing by certified mail to the place ofbusiness of
either party oxset forth inthis Agreement.
172 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 ,equesmed, nfintent toterminate;
and (2) an opportunity for consultation with CITY before the effective termination date.
17.3 IfCITY terminates for default onthepart ofthe ENGINEER, anadjustment inthe contract price pursuant
unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to the extent ufany additional costs or damages CITY has incurred' or is
likely tuincur, because ofthe ENGINEER'S breach. |nsuch event, CITY shall consider the amount ofWORK
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 toCITY 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
mQveea to pay CITY for any and all damages, cumo' and expenses whether directly, indirectly, or
consequentially caused by said default. This provision shall not preclude CITY from fi||n8 claims and/or
commencing litigation to secure compensation for damages incurred beyond that covered by contract
ogmina8eorother withheld payments.
zz« If the ENGINEER terminates for default onthe part ofCITY orifCITY 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 ofatermination notice under subsections 17.1 or 17.2 above the ENGINEER shall (1)
promptly discontinue all servos affected (unless the notice directs otherwise), and (3) 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
xubconouhams may have accumulated o, prepared in performing this Agreement, whether completed o,
inprogress, with the ENGINEER retaining copies nfthe same.
17.6 Upon termination under any subparagraph above, CRY 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 isdetermined 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 l7.4ofthis Section.
17.8 if, because ofdeath, unavailability orany other occurrence, itbecomes 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
z7.3ofthis Section.
SECTIONu8 DISPUTE RESOLUTION
28.1 |nthe event that any dispute shall arise as tothe interpretation urperformance ofthis Agreement, orin
the event ofanotice ofdefault aotnwhether such default doesconsUtuteobreochmftheuontract,ondif
the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation au
a means to resolve the dispute. If neither ofthe afore mentioned methods are successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with
panezz
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 AilanAgyr
Date: L
At est'
CITY CONTRACT NO:
RESOLUTION NO,
Page 12
H.W. Lochner, Inc.
Signature
Printed Name: °P-Lree\C") eek
ate:, e2S.
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
n..
certify that I know or have satisfactory evidence that N; ore is the person who appeare.. 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.
114 1)3-
Dated:
Seal or Stamp
Printed Name
Page 13
STATE OFVVASM|NGTON >
)ss.
COUNTY OF YAKIMA
| certify that 1know ovhave satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he/sho'si0nedthis 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 inthe instrument.
Doted:
Seal or Stamp
(Signature)
Printed Name
My commission expires:
TA
Bravo Company Boulevard Design Scope of Services
LE OF CO TENTS
Exhibit A
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
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 6
COMPLETE DESIGN of BRAVO COMPANY BLVD - STAGE TWO 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
3.5 Bidding Support Services 9
3.6 Prepare Addenda 9
3.7 Attend Bid Opening 9
December 20, 2019 L OC
Bravo Company Boulevard Design Scope of Services
Exhibit A
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 7th
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 I 1 L OC
Bravo Company Boulevard Design Scope of Services
Exhibit A
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 I 2 LOCH
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 City 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 3 LOCH E
Bravo Company Boulevard Design Scope of Services
Exhibit A
CO PLETE 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 tuming movements;
• Revise roundabouts(s) curb return tables;
June 24, 2020
Page 4 LOC
Bravo Company Boulevard Design Scope of Services
Exhibit A
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.
TASK 3: FINAL SUBMITTAL BID -READY DESIGN AND BIDDING SUPPORT
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)
3.2 OPINION OF PROBABLE CONSTRUCTION COSTS
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 5
C
Bravo Company Boulevard Design Scope of Services
Exhibit A
3.4 PREPARE AND SUBMIT FINAL BID -READY PS&E 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 RFIs
3.6 PREPARE ADDENDA
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 6 LOC
Bravo Company Boulevard Design Scope of Services
Exhibit A
CO PLETE 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 "1-1'Street and 7th 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 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 I 7 LOC
Bravo Company Boulevard Design Scope of Services
Exhibit A
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 7th
Street intersection to the terminus of Stage 1
TASK 3: FINAL SUBMITTAL BID -READY DESIGN AND BIDDING SUPPORT
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.
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 or County.
DELIVERABLES:
None (included in 3.4 deliverable Final Bid -Ready PS&E Package)
3.2 OPINION OF PROBABLE CONSTRUCTION COSTS
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 I 8 LOC
Bravo Company Boulevard Design Scope of Services
Exhibit A
3.4 PREPARE AND SUBMIT FINAL BID -READY PS&E PACKAGE
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
uFl" Street and 7th 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.
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 and the
City.
DELIVERABLES:
• Written response to bidder RFIs
3.6 PREPARE ADDENDA
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 I 9 L OC
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.
Classification
Direct Overhead Fixed Fee Loaded
Rate 1.5529 0.298
Rate
Project Principal/ Principal Engineer $ 99.55 $ 154.59 $ 29.67 $ 283.81
Project Manager/Project Engineer $ 73.56 $ 114.23 $ 21.92 $ 209.71
QC Manager/Project Engineer $ 73.24 $ 113.73 $ 21.83 $ 208.80
Sr. Roadway Engineer $ 59.09 $ 91.76 $ 17.61 $ 168.46
Roadway Designer $ 46.50 $ 72.21 $ 13.86 $ 132.57
Drafting $ 42.37 $ 65.80 $ 12.63 $ 120.79
Administration Project Control $ 25.75 $ 39.99 $ 7.67 $ 73.41
Total
Hours
Total
Labor
24 $ 6,811
318 $ 66,688
100 $ 20,880
404 $ 68,058
296 $ 39,240
350 $ 42,277
76 $ 5,579
Subtotal Lochner tabor: 1,568 $ 249,534
2020 Cost of Living Increase 30.00% 2.00% 1,497
Total Lochner Labor Cost $ 251,032
Lochner Direct Expenses: Cost
Mileage $ 1,392
Travel $ -
Graphics/Reproduction $ 2,000
Postage/Shipping $ 100
Other Expenses $ -
Total Lochner Direct Expenses: $ 3,492
Firm Total: H.W. Lochner, Inc. $ 254,524
Sub consultant Estimates: Cost
HLA $ 202,100
RANI $ 16,039
HBB $ 24,058
B&O Tax 1.8% $ 4,360
Total Subconsultants: $ 246,557
Management Reserve 10% $ 50,108
TOTAL FEE ESTIMATE $ 551,189
EXHIBIT D
3/19/2021
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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 LIFT funding.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
2
ATTACHMENTS:
Description
D Resolution - Lochner Phase 2 & 3
D Consultant Agreement
Upload Date
5/312021
5/3/2021
Type
Resolution
Contract
Contract Supplemental Agreement
Supplemental Agreement
Number: 1
Original Contract Number:
2021-073
City Engineering Project Number:
2337
Project Title:
Bravo Company Boulevard
Organization and Address:
H.W. Lochner, Inc.
915 118th Avenue SE, Suite 130
Bellevue, WA 98005
Execution Date of Supplement:
Completion Date of Supplement:
December 31, 2022
Maximum Amount Payable this Supplement:
$0 (no change)
Maximum Total Amount Payable for the
Agreement:
$551,189 (no change)
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the contract agreement entered into with KW
Lochner, Inc., and executed on May 19, 2021, by Resolution No. 2021-064 and identified as Contract
2021-073. 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 7: Project Schedule and Budget
All work identified in the Scope of Services shall be complete by December 31, 2022.
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.
By: Stephen G. Lewis, MCP, Vide President By:
Oared WS,ffipt`gln G itYPOI
"
00
ansultat w""*444*4
Ef) 40.0P 017
Date
CITY CONTRACT NO:4101-7)/"3
RESOLUTION NO: