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HomeMy WebLinkAboutR-2014-031 Cascade Mill Redevelopment - Fair Avenue Extension Project Agreement with H. W. Lochner, Inc. - SupplementA RESOLUTION RESOLUTION NO. R-2014-031 authorizing the City Manager to execute a Supplement to the Professional Services Agreement (Resolution R-2011-135) with H.W. Lochner, Incorporated not to exceed the total of $1,734,000 (original contract and supplement) to provide engineering and related services for the Cascade Mill Project site, WHEREAS, the Yakima City Council has established that redevelopment of the former Boise Cascade mill (known as the Cascade Mill Redevelopment Project site) is an Economic Development priority; and WHEREAS, On September 6, 2011 the Yakima City Council approved Resolution R-2011 which authorized a Professional Services Agreement with H.W. Lochner, Incorporated to provide engineering and related services for the redevelopment of the Cascade Mill project in an amount not to exceed $1,164,000 with a defined scope of work and WHEREAS, on April 19, 2011 the City of Yakima approved the Yakima State -shared Sales and Use Tax as authorized under RCW 82.14.475 to initiate the 5 -year "pay -go" period of the Local Infrastructure Financing Tool (LIFT). Project construction and /or bonding must occur within that 5 - year period, and WHEREAS, the City of Yakima is a partner in the redevelopment project with Yakima County, the Washington State Department of Transportation office, Federal Highway Administration, the Yakima Valley Conference of Governments, New Vision and private land owners. The overall redevelopment project includes complex tasks and an array of technical components, and WHEREAS, the Scope of Work and Budget included in this Supplemental Professional Services Agreement meet the needs and requirements of the City of Yakima for this project which by necessity has evolved and expanded to accommodate the complexity of the redevelopment project; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Supplemental Agreement to the Professional Services Agreement with H.W. Lochner, Incorporated attached hereto and incorporated herein by this reference not to exceed One million, seven hundred thirty-four thousand dollars ($1,734,000) to provide the Professional Services as described in the Agreement, now, therefore, ADOPTED BY THE CITY COUNCIL this 18th day of February , 2014. ATTEST. Micah CawleI, Mayor Sonya Clq : r Tee, City Clerk SUPPLEMENTAL AGREEMENT TO CONTRACT NO. 2011-73, RESOLUTION NO. R-2011-135 As a result of new information concerning redevelopment of the "old Boise Cascade Mill Site," requiring redesign of Cascade Mill Parkway and a newly recognized need for an Economic/Market Assessment, on this 19th day of February, 2014, the City of Yakima desires to supplement the agreement entered into with H.W Lochner, Inc. and executed on the 9th Day of September, 2011, and referenced as the Cascade Mill Redevelopment — Fair Avenue Extension Project, hereinafter referred to as the "Project." All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows. Section 2, Scope of Services, is hereby amended, deleting the previous Scope of Services and replacing it with the attached Exhibit A — Revised Scope of Services, Cascade Mill' Parkway. Section 5, Compensation, is hereby amended, deleting previous Exhibit B (1) and replacing it with the attached Exhibit B — Revised Maximum Budget, increasing the Design budget by $570,563.00 to an amended maximum total of $1,733,877, of which $40,000 is reserved as a management contingency budget, only to be authorized in writing at the request of and by the City Optional construction services, Tasks 9 and 10 as identified in Exhibit A, are considered "optional services," and may only be undertaken if authorized in writing by the City Manager IN WITNESS WHEREOF, the parties hereto have caused this supplemental agreement to be executed by their respective authoriz-d-offi. -rs or representative as of the day and year first above written CITY O YAKIMA Printed Name. 'onv O'Rourke Title. City Manager Date. alp Attest Sonya Claar -e, City Clerk City Contract No // Resolution No. 4 aif)./9 —OJ/ STATE OF WASHINGTON ) ss. H. W. LOCHNER, INC. Si Printed Name. Stephen G. Lewis, AICP Title. Vice -President Date* COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Tony O'Rourke 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. February 6, 2014 Dated: NA/ Seal or Stamp .�``" STEpy% ▪ .apTg• gt<`2N� My Comm. Expires I March 21, 2014 Z\ • IsUBLIG '%''()'c VIAS A February 6, 2014 oa4. Title ` / .0(4 ,f4MT Printed Name V My commission expires)��//�i� ,�/ ��� EXHIBIT A - REVISED SCOPE OF SERVICES CASCADE MILL PARKWAY The City of Yakima (CITY) desires to construct public infrastructure improvements to encourage high level development in the Cascade Mill District that will increase local jobs, and increase the economic activity within the City of Yakima and the surrounding Yakima County The CASCADE MILL PARKWAY (formally called FAIR AVENUE EXTENSION) PROJECT — PHASE 1 (PROJECT) is being revised. Based on discussions with Yakima County, Washington Department of Transportation (WSDOT), Federal Highway Administration (FHWA) and the City of Yakima regarding the land fill and East-West Corridor alignment changes, the City of Yakima (CITY) is proposing changes to the alignment of the Cascade Mill Parkway These alignment changes will require the Cascade Mill Parkway to be re -designed for the new alignment. The revised scope of services shall include the following elements. • Survey for the new alignment. • Engineering design for the revised roadway alignment and City utilities improvements from the MLK/Lincoln/Fair couplet on the south to the proposed East-West Corridor (approximately H Street) on the north. The roadway improvements contemplate construction of a boulevard -style four or five lane arterial with roundabouts at the south, middle, and north intersections and extensive landscape elements. The project improvements will include new hot mix asphalt pavement, curbs and gutters, sidewalks, illumination, pavement markings, storm drainage, sanitary and industrial sewer mains, potable water mains, and landscaping. • Construction management, engineering, and observation services are included as an "Optional" element that could be contracted in the future H. W. Lochner Inc. (ENGINEER) shall continue to provide professional services to the CITY for the PROJECT as outlined in the Work Tasks descriptions below. The following general provisions/assumptions have been made' A. This revised scope of services is premised on a notice -to -proceed date of approximately February, 2014, with a ten-month project duration for design, environmental review, and permitting activities, subject to review and approval times of regulatory agencies. A set of final engineering plans and specifications will be ready in September 2014 for advertising, pending environmental and permitting approvals and any right-of-way to be acquired. The schedule for construction services will be established once the contract is awarded and right-of-way is acquired. Construction is expected to be done in 2016. B. It is assumed that the CITY will acquire all needed right-of-way C It is assumed that the design for the landfill cleanup and removal, design of landfill barriers, and backfill of alignment will be completed by the CITY under a separate contract. The CITY's landfill designer will coordinate activities with the ENGINEER's team D It is assumed that the construction of the landfill improvements, including removal, barrier construction, and backfill and compaction will be done under a separate contract by the CITY E. All work on the landfill cleanup within the road prism and/or right-of-way will be completed before construction of the Cascade Mill Parkway improvement will begin F Work conducted within the CITY limits will meet CITY design standards. G Plans, specifications, and contract documents, to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following 1) Washington State Department of Transportation/American Public Works Association, "Standard Specifications for Road, Bridge, and Municipal Construction"; 2) Washington State Department of Transportation, "Standard Plans for Road and Bridge Construction"; 3) Washington State Department of Transportation, "Highway Design Manual"; February 6, 2014 4) FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways", and 5) Washington State Department of Ecology, "Stormwater Management Manual for Eastern Washington." H. All calculations, analyses, design, plans, specifications, and other project work will be prepared in English units. The use of metric units for any aspect of the work will not be required I Reports and drawings provided under this contract will also be provided in electronic format, including PDF, Microsoft Office, and AutoCAD J. Mitigation designs for wetland impacts and other environmental impacts will be included as an amendment to this PROJECT after the level of impacts are identified. K. ENGINEER will provide the CITY with plans and probable construction estimate at the 70% design level and plans, specifications and estimate for review at approximately the 100% completion stages. In addition, the ENGINEER shall maintain continuous routine communication with the CITY throughout the project. L. The CITY will advertise for construction bids and will print and distribute bid documents. M The ENGINEER will assist the CITY during the Bid Advertising and Awarding process. It is assumed that one bid package will be prepared for street and utility improvements construction on this PROJECT N. The ENGINEER will provide construction management, engineering and observation services for the implementation of the Cascade Mill Parkway improvements O It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement of the CITY and ENGINEER. WORK TASK DESCRIPTIONS 1. PROJECT MANAGEMENT SERVICES 1 1 Coordinate design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY'S needs and expectations The ENGINEER'S Project Manager will provide overall project management for all work elements, including coordination with the CITY and subconsultants. 1.2. Attend up to three (3) additional City Council meetings in support of the CITY to address technical aspects of the work related to scope, design, and schedule of the project. 1.3. The ENGINEER will coordinate with the CITY's landfill designer to ensure consistency with Cascade Mill Parkway design 1 4. The ENGINEER shall maintain regular contact with the CITY'S Project Manager and maintain regular coordination with CITY staff for this project. The ENGINEER'S Project Manager shall be responsible for: 1 4 1 Maintaining regular contact with the CITY and designated project management team staff through informal office visits, telephone conversations, e-mail, and faxes to keep the CITY informed on the progress of this contract. 1.4.2 Work with the CITY'S Project Manager to identify specific financing support task needs and coordinate scopes and budgets. 1.4 3 The CITY'S Project Manager may contact team member as needed during each phase of the project with a summary of discussions sent to the ENGINEER'S Project Manager 1 4 4 Provide status reports and invoices for work performed. February 6, 2014 2. CONCEPTUAL DESIGN ENGINEERING 2.1 The ENGINEER shall work with the CITY and Yakima County to develop a new roundabout concept for the intersection of the Cascade Mill Parkway and the East-West Corridor with existing rail line It is assumed that the south roundabout with Fair Avenue, Martin Luther King Jr Boulevard and Lincoln Avenue will remain as currently designed and no design changes will be made. 3. DESIGN ENGINEERING (70%) The ENGINEER will perform preliminary design engineering of the public roadways and utilities from the Fair/MLK/Lincoln roundabout on the south to the proposed East-West Corridor (E -W CORRIDOR) roundabout on the north based on CITY approved Conceptual Design The ENGINEER'S services under this Task do not include improvements that are outside of the Fair/MLK/Lincoln to the E -W CORRIDOR project limits such as off-site utility improvements. 3.1 The ENGINEER shall provide additional control and topographic survey of a maximum 200 -foot wide corridor along the revised alignment within the projects limits for preparation of topographic survey base maps and DTM for design 3.1.1 Topographic survey will use the City of Yakima elevation datum or NAVD 88 3 1.2 The ENGINEER will call for utility locates prior to performing field surveys. Utilities will be shown based on field located surface features, tone marks provided by the local "call before you dig" locating service and record drawings provided by the CITY 3 1.3 The CITY will provide permit(s) necessary to work within its rights-of-way in a timely fashion consistent with, CITY regulations 31.4 The CITY shall assist the ENGINEER with obtaining permission from private property owners to perform topographic surveying of areas adjoining the proposed roadway and/or utility alignment(s) 31 5 The ENGINEER will provide traffic control during any additional survey operations as required by the applicable agency right of access permit and/or CITY safety regulations. The CITY will provide all such requirements in a timely fashion 3.1 6 The completed survey shall provide information for the following items: 3.1.6 1 Control survey 3 1 6.2 Base map showing existing topography with 1 -foot contours, field located surface features, and adjacent property lines 3 1 6.3 Plan and profile sheets with horizontal and vertical alignment • Cross-sections at 50' intervals • Project bench marks • Project datum 3.2 The ENGINEER shall proceed with engineering design and preparation of 70% plans. At the 70% completion stage, the ENGINEER will submit three half-size sets of blackline prints to the CITY. CITY shall be allowed two weeks for its review The CITY will consolidate staff review comments on one set of prints and documents. The ENGINEER will discuss the documents with the CITY and respond to the CITY'S review comments before proceeding to final 100% documents. The 70% plans shall be half sized backline prints and shall include the following sheets at a minimum; 3.2.1 Cover Sheet, Index, vicinity map 3.2.2 Typical roadway sections. 3.2.3 Roadway and Utilities Plan and Profiles Sheets. 3.2.3.1 Plan portion scale 1"=20' full size & 1"=40' half size 3.2.3.2 Vertical scale shall be no less than 1"=10' February 6, 2014 3.2.3 3 Drawing scale may be adjusted to meet project requirement with approval of City. 3.2.4 Roundabout Plans & Signal Plans. 3.2.5 Illumination Plans. 3.2 6 Landscaping Plans. 3.2.7 Drainage Plans. 3.2.8 Pavement Marking and Roadway Signing 3.2.9 Construction Staging and Traffic Control Plans. 3.210 Miscellaneous 3.2.10 1 City Standard Details 3.2.10.2 3.2.10.3 3.2.10.4 3.2.10 5 Street and utility elements Landscaping and irrigation elements City Standard Details Street and utility elements 3 3 The ENGINEER will prepare Cross Section Drawings at 50 -foot engineering stationing intervals, and all major physical features with a horizontal scale of 1" = 10' and a vertical scale of 1" = 5' 3.4 The ENGINEER shall prepare Contract Documents based on the latest edition of the Washington State Department of Transportation/American Public Works Association Standard Specifications for Road, Bridge, and Municipal Construction and the latest City of Yakima General Conditions and Special Provisions. Contract Documents shall include 3 4.1 Bidding requirements 3.4.2 Contract and Bond Documents. 3 4.3 Amendments to standard specifications. 3 4 4 Wage Rates 3.4.5 Non -Standard Special Provisions 3.4 6 Half sized plans. 3 5 The City will provide the following to the ENGINEER to include in the above Contract 3 5.1 Construction Contract Form 3 5.2 Contract Bond Form. 3 5.3 Insurance Requirements. 3 5 4 City General Conditions. 3 5 5 City Special Provisions. 3 5 6 Special MBE Requirements. 3.6 The ENGINEER shall provide drainage analysis for 25 -year storm with drainage facility design utilizing surface infiltration as the preferred treatment and disposal process All drainage analysis and design shall comply with the WSDOE Eastern Washington Storm Water Manual (September 2004). 3 6 1 Storm water runoff routes from the project limits to the discharge points will be analyzed for capacity per the above criteria. 3 6.2 A copy of the drainage analysis shall be provided to the CITY for review and approval. February 6, 2014 3.6.3 If subsurface infiltration is used, the ENGINEER will complete and submit to the Department of Ecology, Underground Injection Control (UIC) registration forms and provide copy to City of Yakima Storm Water Department. 3.6 4 The ENGINEER shall prepare Notice of Intent (NOI) for coverage under the Washington State Storm Water NPDES permit and advertise as required 3.6.5 The ENGINEER shall prepare Storm Water Pollution Prevention Plan (SWPPP) as required. 3 7 The ENGINEER shall prepare preliminary roadway, railroad and storm drainage design including proposed new roundabouts at both the COUPLET and E -W CORRIDOR intersections Preliminary design will include horizontal and vertical alignments, and the following illumination and landscaping information. 3.7.1 The ENGINEER will prepare a typical preliminary landscape design consisting of the basic improvements (street trees and light fixtures) and a "family" of urban design and landscape elements representing a list of basic improvements and streetscape amenities. The "family" will include recommendations for landscape locations and character, site furniture, roadway/pedestrian light fixtures, paving patterns and materials. 3.7.2 The ENGINEER will provide a typical urban design and landscape plan and section (scale as needed), along with a photo board representing the overall concept and/or product recommendations. 3 7 3 Based on comments received the ENGINEER will refine plans, sections, and photo boards A preferred preliminary landscape design will be prepared based upon information received from the CITY. The preferred preliminary landscape design will be revised up to one time based on CITY discussions. 3.7 4 The ENGINEER will prepare 30% level plans and details to include street trees, general plant massing plan, paving plan, site furnishings, irrigation products, and standard details 3.8 The ENGINEER will prepare the following preliminary design drawings. 3.8 1 Cover Sheet 3.8.1.1 Project title and project number 3 8.1.2 Vicinity map 3 8.1 3 Drawing index 3.8.1.4 Legend 3 8.2 Typical Roadway Sections 3.8.2.1 Right of way dimensions (proposed) 3 8.2.2 Cut and fill slope notations 3 8.2.3 Pavement layer types and depth 3.8.3 Street, Railroad, Railroad Signal and Utilities Plan and Profile Sheets 3 8 3 1 Plan portion scale 1" = 40' horizontal half size, 1" = 20' horizontal full size 3 8 3.2 The vertical scale shall be no less than 1" = 10'. 3 8 3 3 Drawing scale may be adjusted to meet project requirements with CITY approval 3.8.3 4 Base topographic mapping 3 8 3 5 Existing rights-of-way 3 8.3 6 Proposed new rights-of-way and construction centerline 3 8.3.7 Profile grid 3 8.3.8 Existing ground centerline profile 3 8.3 9 Proposed new roadway construction profile 3 8 3.10 Cut and fill slope limits February 6, 2014 3 8 3 11 Horizontal and vertical curve and alignment data 3 8 3.12 Existing utilities horizontal and vertical locations based upon survey data and available record information 3 8.3 13 Proposed drainage features (swales, pipes, culverts) 3 8 3 14 New CITY sanitary and industrial sewer mains with manholes, cleanouts, laterals and service lines and new potable water mains with valves, fire hydrants, service lines, and stub outs for future distribution mains 3 8.3 15 Driveways 3 8.3.16 Retaining walls 3 8 3.17 Datum 3 8 3.18 Project title and number 3 8.3 19 Construction notes 3 8.3.20 General notes 3 8 4 Roundabout Plans 3 8.4 1 Design based on FHWA guidelines 3 8 5 Illumination Plans 3 8 6 Landscaping and Irrigation Plans 3.8 7 Miscellaneous details of roadway and utility structures/elements including City of Yakima Standard Details 3 9 The ENGINEER will prepare estimates of probable construction costs based on the preliminary design The CITY shall provide the ENGINEER with tabulations of recent unit bid prices for similar work within the CITY. The estimate will include contingencies to reflect the preliminary status of the design. 310 The ENGINEER will examine the project site to verify the preliminary design drawings. The examination will include checks for accuracy, constructability, and conflicts. The drawings will be revised as necessary to correct observed deficiencies, errors, and conflicts 3 11 The ENGINEER shall conduct quality control reviews by senior staff members with appropriate experience and expertise. In the review, the staff shall scrutinize the major elements of the design for adequacy of response to the major design challenges and conformance to accepted design practice. 3.12 The ENGINEER will submit three half-size sets of blackline prints at the 30% completion stage to the CITY CITY shall be allowed two weeks for its review The CITY will consolidate staff review comments on one set of prints and documents. The ENGINEER will discuss the documents with the CITY and respond to the CITY'S review comments 4. ENVIRONMENTAL REVIEW AND PERMITTING 4 1 The ENGINEER will assist the CITY in the preparation of the SEPA environmental documentation. 4.2 The ENGINEER will review the site along the Fair Avenue 'extension and collect and document their environmental findings. The ENGINEER will also conduct a literature search for environmental information on or near the site 4.3 At the CITY'S request and direction, the ENGINEER will assist the CITY in presenting Fair Avenue extension to State and federal permitting agencies to identify the regulatory issues associated with each alternative Potential impact minimization measures for the improvements will also be identified during the coordination with agency representatives. All permitting issues and the recommended permitting process for the preferred alternative will be documented. It is assumed that this effort will be accomplished with the graphics and design drawings required in TASKS 3 and 4 described above and to conduct the meetings and that no other special presentation materials are February 6, 2014 required 4 4 The ENGINEER will develop an environmental clearance and permitting plan for the improvements This plan will include the recommended SEPA clearance document as well as a list of probable permits to be required 4 5 Proposed traffic for the new extension of Fair Avenue will be developed from the current YVCOG travel demand model using proposed land use assumptions and trip generation rates and distribution consistent with the approved land use plan. 4 6 The ENGINEER shall complete appropriate SEPA documentation including all needed studies, and analysis in accordance with State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-11) The ENGINEER will coordinate with the Yakima Planning Department to address comments on the SEPA Checklist and provide support for the SEPA process. 5. RIGHT-OF-WAY PLANS AND LEGAL DESCRIPTIONS The ENGINEER will prepare right-of-way (RMI) plans for the proposed Fair Avenue Extension from the COUPLET on the south to the north/west limits of the Cascade Mill District property. 5.1 The ENGINEER will prepare R/W plans in accordance with the CITY'S standards, State and federal requirements, and under the supervision of a professional land surveyor The ENGINEER'S Scope of Services fee is based on an assumed seven (7) R/W parcels to be acquired for the PROJECT. The R/W plans will include the following. 5.1 1 Assessor's parcel number 5 1.2 Parcel owner's name 5 1.3 Existing area of parcel 5.1.4 Area of land to be acquired 3 1 5 Remaining area of parcel 5.1.6 Existing road right-of-way 5 1 7 Basic section subdivision data 5 1 8 Proposed road right-of-way 5.2 The ENGINEER shall be responsible for obtaining and paying for title, reports. 5 3 The ENGINEER shall submit the following final R/W documents to the CITY. 5 3 1 Final R/W Plans (11 x 17 size) 5 3.2 Final R/W Plans (22 x 34 size) 5 3 3 Legal descriptions for area of land to be acquired 5 3 4 8-1/2" x 11" exhibit map of each parcel showing area of land to be acquired 5 3 5 One (1) copy of title reports 6. LANDFILL GEOTECHNICAL DESIGN SUPPORT & GEOTECHNICAL ENGINEERNG The following assumptions are used in developing this scope of services. • The CITY will provide access and right -of -entry to perform subsurface explorations. • The ENGINEER will subcontract with a drilling contractor to perform the boring Test pit excavations will be performed by the ENGINEER, unless it can be done at the same time and with the same crew as similar work done for the County on the E/W Corridor February 6, 2014 • Water and/or a water truck for the PIT will be provided by the ENGINEER, unless it can be done at the same time and with the same crew as similar work done for the County on the E/W Corridor • Proposed exploration locations were submitted on October 4, 2013. Further review and changes are not necessary. • Subsurface explorations and environmental data collection activities for the landfill are not required • The ENGINEER will call the Underground Utilities Location Center (UULC) (1-800-424-5555) A private utility locator will not be necessary. The CITY is responsible for locating utilities not marked by the UULC. • Traffic control is not required If traffic control is needed, plan development, equipment, and labor will be provided by the ENGINEER. • The ENGINEER will coordinate subsurface explorations the Natural Resource and Cultural Resources specialists. • Drilling spoils and fluids will be drummed and removed from the site after analytical laboratory testing • Test pit excavations will be loosely backfilled with the excavation spoils and tamped with the excavator bucket. No site restoration will be required. • The boring and test pits will be performed during workday hours. We estimate a one-half day for the boring and one day for the test pit excavations. • Drilling equipment will remain on-site for the duration of exploration activities. • The drilling, test pit excavations, infiltration testing, VWP readings, hazardous materials site visit and reconnaissance, and hazardous materials records collection for this project will occur concurrently with our efforts for the East-West Corridor Project. Separate mobilization and travel time is not required • The ENGINEER will survey the boring and test pit location. 6.1. Landfill Coordination. The ENGINEER will coordinate with the CITY's Landfill consultant to review geotechnical and environmental information to assist the roadway design team. This work will include* 6.2.1 Review Landfill Data: The ENGINEER will review readily available geotechnical and environmental information that pertains to existing conditions at the landfill. Landfill information will be provided by the City and others. 6.2.2. Evaluate Landfill Design and Construction Considerations. We understand that the landfill material will be removed along the proposed roadway and utility alignment. Shannon & Wilson will evaluate proposed design and construction considerations prepared by others for removing and disposing of the landfill material, and backfilling with structural fill to restore grades before constructing the proposed roadway and utilities. We anticipate this task will include an evaluation of the design approaches for preparing the roadway subgrade, and installing utility infrastructure with regard to differential settlement, landfill gas control, protection of existing landfill environmental control measures, potential groundwater impacts, and refuse handling and disposal. The results of our evaluation will be integrated with our landfill design and construction considerations developed under Task 1.3 6.2.3. Develop Landfill Crossing Design and Construction Considerations: Shannon & Wilson will analyze the landfill requirements and develop design and construction considerations for a new roadway and underground utilities across the site. This task will include design recommendations and construction considerations for landfill gas control, integration of landfill environmental control measures (to the extent practicable), refuse handling and disposal, and structural backfill placement and compaction. Our results will be included in the Final Design Geotechnical Report. February 6, 2014 6.2.4 Meetings. We assume we will attend one meeting in Yakima. The meeting will be up to three hours (not including travel time) and will be attended by our Project Manager, Principal -in -Charge, and Lead Environmental Engineer 6.2. Geotechnical Engineering: The ENGINEER will conduct final design geotechnical studies and analyses and prepare a Final Design Geotechnical Report. The geotechnical studies will be based on existing data and our subsurface exploration program. The Final Design Geotechnical Report is intended to provide the design team with geotechnical subsurface information and recommendations for preparation of final design plans and specifications. 6 1 Meetings. We assume we will attend one meeting at the ENGINEER's office in Bellevue and one meeting in Yakima. Each meeting will be up to three hours (not including travel time) and will be attended by our Project Manager and Principal -in - Charge 6.2. Literature Review: We will review readily available geotechnical reports, geological reports, and geologic maps of the project area, including: • In-house, SLR International Corp , Huibregtse, Louman Associates. Inc., and Washington State Department of Transportation (WSDOT) reports, • U S Geologic Survey (USGS) topographic maps, • USGS geologic maps and reports; • Aerial photographs (WSDOT, U S Bureau of Land Management, and private), • U.S Department of Agriculture soil maps, • Washington Department of Ecology (Ecology) on-line well log data base, and • Washington State Department of Natural Resources Division of Geology and Earth Resources maps and reports 6 3 Subsurface Explorations/Infiltration Tests/Vibrating Wire Piezometer (VWP). Readings. Shannon & Wilson will explore the subsurface conditions of the proposed parkway alignment with three test pits and a boring Because of the anticipated gravel, cobble, and boulder deposits, we recommend using sonic drilling methods The boring will be drilled with a truck -mounted drill rig for the purposes of groundwater observation and pole foundation design. The anticipated depth for the boring is 30 feet. In situ testing using a Standard Penetration Test (SPT) will occur at 5 -foot intervals Sonic cores and SPT samples will be collected and returned to our laboratory for testing. The ENGINEER will install a VWP in the boring to measure the depth to groundwater We will visit the site two times after completing drilling to measure the groundwater level The test pits will be excavated by the CITY using a rubber -tire backhoe We anticipate the test pits will range from 8 to 12 feet deep Bulk samples will be collected and returned to our laboratory for testing A pilot infiltration test (PIT) will be performed in one of the excavated test pits Spoils from the excavation will be used to backfill the test pits. No spoils will be removed and disposed of offsite. The ENGINEER will observe the boring and test pit excavations and develop logs of the subsurface conditions encountered We will classify the soil encountered in the subsurface explorations in accordance with ASTM International (ASTM) Designation D 2488, Standard Recommended Practice for Description of Soils (Visual -Manual Procedure) We will also interpret the geologic unit of each soil sample The ENGINEER will screen soil samples recovered from the boring and test pits for evidence of contamination, including visual and olfactory evidence, and with a photoionization detector. We will perform limited environmental analytical testing to February 6, 2014 characterize the soil encountered for drill cuttings and laboratory sample disposal. We anticipate the environmental analytical testing to include four samples collected and analyzed for typical contaminates. Model Toxics Control Act five metals (arsenic, cadmium, chromium, lead, and mercury) using the Environmental Protection Agency (EPA) Method 6020; diesel- and oil -range petroleum hydrocarbons using the Northwest Total Petroleum Hydrocarbon as Diesel Extended (NWTPH-Dx), gasoline - range petroleum hydrocarbons which includes benzene, toluene, ethylbenzene, and xylenes (BTEX) using Northwest Total Petroleum Hydrocarbon as Gasoline Extended (NWTPH-Gx/BTEX), and polynuclear aromatic hydrocarbons using EPA Method 8270D/SIM and pentachlorophenol using EPA Method 8540. Based on field screening, additional analyses may be required for volatile organic compounds using EPA Method 8260B. Follow-up testing for polychlorinated biphenyls using EPA Method 8082 and lead and/or arsenic by Toxicity Characteristic Leaching Procedure used to identify dangerous waste may also be necessary For cost estimating purposes, we assume that one sample will be analyzed for each of these contaminants. The samples will be analyzed by an environmental testing laboratory that is certified by Ecology to perform these tests. We will request a standard five- to seven-day turnaround time. The results of the environmental analytical testing will be included in the geotechnical report. 6 4 Geotechnical Laboratory Testing. The ENGINEER will perform geotechnical laboratory testing in accordance with appropriate ASTM standards. Laboratory testing will include visual classification, moisture content determination, grain size analyses, Atterberg Limits, organic content, and compaction tests on selected samples. We assume that samples suitable for strength and consolidation testing will not be encountered in the boring If such soil is encountered, we will notify you and provide recommendations for strength and/or consolidation testing if appropriate. Compaction tests will be performed to evaluate the potential for reusing on site soil Because the parkway extends through an area that was previously used for timber production, we will perform organic content tests if soil/log debris or soil and other organic content mixtures are observed These tests will be done to evaluate the soil suitability for reuse and to evaluate potential settlement that would occur as the organic component decays 6 5 Final Design Geotechnical Engineering Analyses. The ENGINEER will evaluate the results of the field and laboratory programs. We will use those results to develop final design geotechnical recommendations for the new Cascade Mill Parkway. Our recommendations will include. • Project area seismicity; • Seismic hazards, including liquefaction, lateral spreading, and fault rupture, • Pole foundation design recommendations; • Earthwork for new and widened embankments for roads that may be above grade; • Reuse of existing soil for constructing the embankments, • Earthwork for new utility excavations; including temporary shoring, • Pavement thickness and subgrade recommendations, and • Stormwater infiltration rates and mounding analyses for infiltration ponds. 6 6. Final Design Geotechnical Report: The ENGINEER will prepare a Final Design Geotechnical Report. The report will present the results of our engineering analyses. Specifically, the Final Design Geotechnical Report will include: • A description of the subsurface exploration methods and the exploration logs February 6, 2014 • Laboratory testing methods and results • A description of subsurface conditions encountered in the subsurface explorations, including groundwater conditions. • Seismicity considerations, including recommended design peak ground accelerations, soil profile type, and liquefaction potential. • Geotechnical design recommendations for stormwater infiltration and earthwork. • Pavement design recommendations • Excavation and temporary shoring recommendations for utilities. • Environmental analytical testing results and conclusions. We will prepare a Draft Design Geotechnical Report (electronic copy only) We assume the CITY will provide one set of consolidated comments from all reviewers within 14 days of receiving the draft report. We will address the comments and incorporate our responses into a Final Design Geotechnical Report (three hard copies and an electronic copy) 6 3 Environmental Engineering: The geotechnical engineer will conducted a preliminary hazardous materials review This work will include 6.3 1 Meetings. We assume we will attend one meeting in Yakima. The meeting will be up to three hours (not including travel time) and will be attended by our Lead Environmental Engineer and our Senior Environmental Engineer 6.3.2. Hazardous Materials Technical Report: The ENGINEER will prepare a Hazardous Materials Technical Report for the proposed project parkway in general accordance with the WSDOT Environmental Procedures Manual (June 2013 version) The report will focus on the historic and current use of the properties along the proposed parkway, with particular focus on those properties that were formerly industrial facilities. The old Cascade Mill property will not be included in this report. We understand others will prepare a Hazardous Materials Technical Report for this property. The study will be broad in scope and is intended identify those properties that will require a more detailed study This study will include the following tasks • Windshield survey, • Regulatory agency records review, • Historical use records review, and • Physical setting sources review. The technical report will summarize the affected environment, potential project impacts, and mitigation measures. 6 3.2.1 Site Visit and Reconnaissance: The ENGINEER will conduct a site visit and reconnaissance (windshield survey) along the project corridor to evaluate potential environmental impacts and to look for recognized environmental conditions associated with adjacent land uses. Recognized environmental conditions may include, but are not limited to, solid waste disposal, drains, sumps, underground storage tanks, aboveground storage tanks, drums, spills, stains, and hazardous materials. We will also look for stressed vegetation, fill, and other indicators of potential contamination. If practical, we recommend that we meet with senior City, County, and Cascade Mill representatives who have site information. 6 3.2.2. Collect/Review Agency Records. The ENGINEER will review available agency records. The purpose of a records review is to obtain and review February 6, 2014 records that will help identify recognized environmental conditions in connection with the project. Standard federal and state databases will be reviewed for the project parkway and nearby properties within ASTM recommended search distances. Federal agency lists to be reviewed include • National Priorities List (NPL) sites o Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) sites o Resource Conservation and Recovery Act (RCRA) treatment, storage, and disposal (TSD) facilities o RCRA Corrective Actions (CORRACTS) for TSD facilities o RCRA generators o Emergency Response Notification System sites Ecology lists include: o Hazardous Sites List o Confirmed and Suspected Contaminated Sites (C&SCS) list o Landfill and/or solid waste disposal sites o Voluntary Cleanup Program list o Independent Cleanup Reports list o UST and leaking underground storage tank (LUST) lists The NPL, RCRA TSD facilities with CORRACTS, and the Hazardous Sites lists will be reviewed for sites within a one -mile radius of the site The CERCLIS, RCRA TSD facilities without CORRACTS, C&SCS, state landfill/solid waste disposal sites, and the LUST lists will be reviewed for sites within a half -mile radius of the site All other lists will be reviewed for the site and adjoining properties. Ecology files will be reviewed for listed sites located within V mile of the project parkway 6.3 3 Collect/Review Historical Use Records. Historical use records will be reviewed with regard to previous land use or other activity that could have led to the presence of hazardous or dangerous materials, including petroleum products in the environment of the project parkway. Potential sources of information include aerial photographs, topographic maps, county assessor records, Polk city directories, and Sanborn maps. The actual sources available for a given study will vary and may include other sources, as well as any or all of the above. The sources used will be referenced in the report along with the name of the person contacted, where appropriate. 6.3 4 Collect/Review Physical Setting Sources: Physical setting sources will be reviewed to obtain information about the project parkway. The physical setting sources will include (when available) a current USGS 7 5 -minute topographic map, geologic/hydrologic maps and reports, and/or soil maps. 6 3 5 Report Preparation (Draft and Final) The Hazardous Materials Technical Report will summarize the affected environment, potential project impacts, and mitigation measures. It is our understanding that the lead environmental specialist will use text from the Hazardous Materials Technical Report for use in the Environmental Classification Summary (ECS) checklist, and will include the report as supporting documentation with the ECS submittal. Project deliverables will include • Draft Hazardous Materials Technical Report for H.W Lochner and City of Yakima to review (electronic files only) February 6, 2014 • Final Hazardous Materials Technical Report (three paper copies and electronic copies). The CITY will provide one set of consolidated comments from all reviewers for the draft submitted. Shannon & Wilson will provide proposed responses to the comments within one to two weeks of receipt. Once our proposed responses have been accepted, we will deliver the final report within two weeks of response acceptance. 6 4 Plans, Specifications, and Estimate Preparation. Shannon & Wilson will be available to provide geotechnical guidance during the final design plans and specifications preparation and to answer inquiries regarding our Final Design Geotechnical Report. This task will likely include a meeting to discuss our findings and a review of plans and specifications. For cost estimating purposes, we assumed one meeting at H.W Lochner's office in Bellevue would be required. 7. FINAL DESIGN ENGINEERING AND PSE The ENGINEER shall proceed with final engineering design and preparation of final plans, specifications, and estimates (PS&E) following the CITY'S approved 70% engineering design and 70% PS&E documents. The ENGINEER will submit three half-size final plan sets of blackline prints to the CITY CITY shall be allowed two weeks for its review. The CITY will consolidate staff review comments on one set of prints and documents. The ENGINEER will discuss the documents with the CITY and respond to the CITY'S review comments before proceeding to PS& E documents. 7 1 Final 100% engineering drawings shall be half -sized blackline prints and shall include the following sheets at a minimum: 7 1.1 Cover Sheet 7 1.2 Typical Roadway Sections 7 1 3 Street and Utilities Plan and Profile Sheets 7 1 3 1 Plan portion scale 1" = 20' horizontal 7 1 3.2 Vertical scale shall be no less than 1" = 10' 7 1 3.3 Drawing scale may be adjusted to meet project requirements with approval of CITY. 7 1 4 Roundabout & Signal Plans 7 1.5 Illumination Plans 7 1 6 Landscaping and Irrigation Plans 7 1.7 Drainage Plans 7.1 8 Pavement Marking and Roadway Signing Plans 7 1 9 Construction Staging and Traffic Control Plans 7 1.10 Miscellaneous Details 7 1 10 1 CITY Standard Details 7 1 10.2 Street and utility elements 7 1.10.3 Landscaping and irrigation elements 7 1 10.4 Illumination elements 7 1.10 5 Landfill crossing elements 8.2 The ENGINEER will finalize Cross Section Drawings at 50 -foot engineering stationing intervals, and all major physical features with a horizontal scale of 1" = 10' and a vertical scale of 1" = 5' 8.3 The ENGINEER will prepare Contract Documents based on the latest edition of the Washington State Department of Transportation/American Public Works Association Standard Specifications for February 6, 2014 Road, Bridge, and Municipal Construction and the latest City of Yakima General Conditions and Special Provisions Contract Documents shall include. 7.3.1 Bidding Requirements 7 3.2 Contract and Bond Documents 7 3.3 Amendments to the Standard Specifications 7 3 4 Wage Rates 7 3 5 Non -Standard Special Provisions 7 3 6 Half -Sized Plans 8.4 The CITY will provide the following to the ENGINEER to include in the above Contract Documents: 7 4 1 Construction Contract form 7.4.2 Contract Bond form 7.4.3 Insurance Requirements 7 4 4 CITY General Conditions 7 4.5 CITY Special Provisions 7 4 6 Special MBE Requirements 8 5 The ENGINEER will prepare estimates of probable construction costs based on both the 90% completion stage and final 100% contract documents stage. 8 6 The ENGINEER shall conduct quality control reviews by senior staff members with appropriate experience and expertise In the review, the staff shall scrutinize the details of the key aspects of the design for conformance to accepted design practice. 8.7 The ENGINEER shall submit one reproducible copy of the plans, specifications, and Contract Documents to the CITY ready for bid advertisement. 8 8 The ENGINEER shall transmit to the CITY one copy of all engineering calculations and one copy of all survey field notes. 8. ECONOMIC/MARKET ASSESSMENT The ENGINEER shall provide market research service through a specialty subconsultant to assess the market for various employment uses and development types and to work collaboratively to develop potential redevelopment scenarios for the Cascade Mill District. These services will include the following: 9.1 Project Start-up The ENGINEER will meet with the CITY to clarify objectives, products, schedule, and delineation of roles between the CITY and the ENGINEER. The ENGINEER's specialist will review pertinent materials from the CITY to get grounded prior to the meeting. These may include plans for the Cascade Mill Site, previous market analyses, plans for adjacent areas, City and area economic development plans and strategies, site condition reports, etc. An important aspect of this first task is to ensure that the CITY and the ENGINEER are on the same page regarding the content and format of project deliverables. Ten different documents called "market studies" could have entirely different levels of detail and require very different levels of effort and budget. The ENGINEER would share recent examples of market studies with the CITY and discuss the pros and cons of each format. As an outcome of this discussion, we would decide upon the content and format of deliverables that makes the most efficient use of City budget while providing all of the necessary information to underpin our development scenarios It is important to have this discussion during the start-up phase of the project to help avoid unpleasant surprises later in the project. We assume that this task will the ENGINEER and their economic specialist to travel to Yakima for an in-person meeting with the CITY and conduct a site visit to get acquainted with the Cascade Mill Site. February 6, 2014 9.2 Preliminary Market Assessment: The ENGINEER specialist will evaluate market conditions and trends to determine potentially viable employment uses that could be brought to the Cascade Mill Site This evaluation will involve using datasets such as CoStar and Claritas to better understand rental, occupancy, and absorption rates for various potential uses including retail, office, hotel and institutional uses such as hospitals and educational facilities. Additionally, we would assess pertinent demographic trends such as: household income, population growth, educational attainment, and employment. While this data -driven analysis is an extremely important part of the market study, it is not the end product. Instead, we will use this data to develop a "preliminary" market assessment. This document can be used to start the conversation on what are the best potential development options for the Cascade Mill Site. Work in the following tasks will build off of this preliminary market assessment to create a more refined market study 9 3 Refined Market Study. To further determine what kinds of development might be viable on the Cascade Mill Site, the economic specialist will conduct interviews with representatives of the local development community. These would include: developers active in the region, developers we are familiar with who may have interest in the Cascade Mill Site, construction firms (to validate costs for various building types), and financing entities — private and public — to get a better sense of their perspective on the market and their interest in funding various development types in the area and on the site. These meetings could be done in a combination of focus groups or round tables, and individual sessions either in person or via phone One developer roundtable meeting is assumed, where we would collect input from a wide spectrum of the development community, and six additional one-on-one phone conversations with developers who were either unable to attend the roundtable or have specific information on aspects of the project that we need to explore in greater detail. At the proposed roundtable meeting, we would present the results of our preliminary market assessment and ask for feedback. Based on this feedback, we would revise our findings and create a final market study The ENGINEER and its economic specialist will discuss these findings with City staff to secure their input and subsequently present the findings of the market study to the City Council. 9 4 OPTIONAL TASK: Development Scenarios: While the previous tasks would involve almost exclusively ENGINEER's specialist personnel, this task would be a collaboration of the ENGINEER, the economic specialist and the CITY The economic specialist would create three development scenarios for the Cascade Mill Site The CITY and the ENGINEER's knowledge and expertise on required site infrastructure, connectivity issues, and familiarity with a range of other items will be of critical importance to designing these scenarios. The economic specialist would apply the key results from the market study to develop these scenarios. The scenarios would include a description of the proposed land use types (allowed uses, and densities), an estimate of the amount of amount of the Cascade Mill Site devoted to each land use type, calculation of the total number of built square feet, real market value, assessed value, and jobs that would result from this development pattern, and a proposed phasing schedule to show how this development could be absorbed over time, taking into consideration development efforts occurring in Downtown and other areas of the region. Ultimately, the final development scenarios would factor in estimated development costs and projected rents needed to service market rate equity and debt. Should there be a gap in the ability of the market to perform in these scenarios, we would identify a list of possible public incentives that could help make these developments more economically viable 9. OPTIONAL BIDDING AND AWARD SERVICES The ENGINEER shall provide the following services during the construction bid process 9 1 Develop bid advertisementand coordinate with Owner (advertising fees to be paid by the Owner) February 6, 2014 9.2 Answer questions during bidding. 9 3 Prepare Addendum(s) as necessary to clarify bid documents 9.4 Attend bid opening. 9 5 Verify bids are responsive. 9.6 Make Recommendation of Award to the City to the lowest responsible bidder. 10. OPTIONAL CONSTRUCTION MANAGEMENT, ENGINEERING, AND OBSERVATION SERVICES Construction management, engineering and observation services is for approximately 2,700 linear feet of new 100 -foot wide boulevard roadway including City and dry utilities from the Fair/MLK/Lincoln roundabout north to the roundabout with the E -W Corridor. The Fair/MLK/Lincoln and E -W Corridor roundabouts are also included in the project scope Engineering services during construction for the PROJECT shall begin upon construction contract award to the lowest responsible bidder and shall extend through the completion of construction, and completion of as -constructed drawings and labor documentation closeout. A maximum of three -hundred (300) working days has been assumed for the construction of improvements. Should the Contractor be granted time extensions for construction completion due to recognized delays, requested additional work, and/or change orders, engineering services beyond the three -hundred (300) working days shall be considered additional services. The ENGINEER will provide the following construction management, engineering and observation services. 10.1 Coordinate with the Owner issuance of Notification of Award 10.2. Verify bond and insurance submittals from Contractor. 10 3. Prepare and transmit contracts for signature by Contractor and City, and monitor Contract execution. Formulate subsequent Notice to Proceed when authorized by the Owner 10 4 Coordinate and attend pre -construction conference, prepare meeting minutes, and deliver meeting minutes to the Owner and the Contractor. 10 5. Conduct weekly construction meetings, prepare meeting minutes, and send two-week look -ahead schedule to all interested parties. 10 6 Provide one full-time on site Resident Engineer for construction observation for the duration of project construction (estimated duration 300 working days) Provide one additional full-time Resident Engineer as needed (estimated duration 150 working days) 10 7 Resident Engineer will maintain an updated set of construction As -built drawings and will combine Contractor's drawings into one final set of project As -built drawings. 10 8 Review and respond to project submittals, shop drawings, and ROMS. 10 9 Check Statement of Intent, Payrolls, and Affidavit of Wages Paid. Maintain Payroll and Affidavit of Wages Paid binders, and deliver binders to the City at project close-out. 10 10 Resident Engineer(s) shall prepare Inspector's Daily Reports (IDRs). IDRs and Traffic Control Supervisor (TCS) reports will be reviewed by Huibregtse, Louman Associates, Inc., (HLA) management daily 10.11 Receive, distribute, and respond to Contractor Request for Information (RFIs) 10.12. Review material testing results. (Material testing is not provided under this scope of services. The future funding source for the project will dictate whether or not material testing is a City directed or Contractor directed responsibility If material testing becomes a City directed responsibility then the ENGINEER may sub -contract for material testing by contract addendum.) 10 13. Construction surveying shall include survey control and daily construction staking as requested by the Contractor. February 6, 2014 10 14. Verify field quantity calculations and prepare monthly progress pay estimates. 10 15. Prepare funding source reimbursement requests. 10 16 Verify quantities and calculate pay amounts for Force Account work. 10.17. Review all Contractor claims relating to the execution and progress of the construction work and make recommendations to the Owner regarding such claims 10.18 Prepare and make recommendations for Change Orders, as necessary 10 19 Conduct and document periodic employee wage rate interviews and compare information with Contractor Certified Payrolls. 10.20. Conduct a final project inspection with the Owner and Contractor, and prepare project punchlist. 10.21 Assist Owner with final project closeout. February 6, 2014 Design Budget Exhibit B - Revised Maximum Budget Cascade Mill Parkway -Total Budget Summary Yakima, Washington H. W. Lochner Adjusted Expended to Cost to Original Budget Date Complete Revised Budget Lochner $ 380,323.88 $ 329,378.53 $ 359,464.88 $ 688,843.41 Huibregtse Louman Associates $ 519,698.94 $ 477,587.02 $ 181,299.55 $ 658,886.57 HBB Landscape Architecture $ 118,005.18 $ 81,732.68 $ 52,999.00 $ 134,731.68 Mike Cowles $ - $ $ 9,852.00 $ 9,852.00 Shannon & Wilson $ 55,761.74 $ 17,180.79 $ 83,949.00 $ 101,129.79 ECONorthwest $ - $ - $ 29,105.00 $ 29,105.00 RANI Engineering $ - $ - $ 49,404.00 $ 49,404.00 HWA $ 6,106.13 $ 6,106.13 $ $ 6,106.13 SLR $ 9,568.13 $ 9,568.13 $ $ 9,568.13 RCO Expenses $ 6,250.00 $ 6,250.00 $ - $ 6,250.00 SUBTOTAL $ 1,095,714.00 $ 927,803.28 $ 766,073.43 $ 1,693,876.71 Management Contingency Budget $ 68,286.00 $ 40,000.00 Design Budget Total $ 1,164,000.00 $1,733,876.71 Optional Construction Budget Lochner $ $ $ 95,980.00 $ 95,980.00 Huibregtse Loumann Associates $ $ $ 1,120,829.00 $ 1,120,829.00 HBB Landscape Architecture $ $ - $ 27,371.00 $ 27,371.00 Mike Cowles $ $ $ $ Shannon & Wilson $ $ $ 42,657.00 $ 42,657.00 ECONorthwest $ $ - $ - $ - RANI Engineering $ $ $ - $ - TOTAL $ - $ - $ 1,286,837.00 $ 1,286,837.00 Expended to Date is through the January 3, 2014 invoice. February 6, 2014 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of: 2/18/2014 ITEM TITLE: Resolution authorizing the City Manager to execute a Supplement to the Professional Services Agreement with H.W. Lochner, Incorporated not to exceed the total of $1,734,000 (original contract and supplement) to provide engineering and related services for the Cascade Mill Project site. SUBMITTED BY: Tony O'Rourke, City Manager Joan Davenport, Strategic Project Manager 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 a contract with H.W. Lochner, Incorporated (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. The amount of 2011 Lochner contract for professional services was $1,164,000. As of the end of 2013, funds expended totaled $927,803. The Supplemental Agreement to the Lochner Contract is necessary to complete the critical tasks of the project in a timely manner. In short, the project has turned out to be more complex and technical than anticipated in 2011. Significant changes to the project have occurred since 2011 which has required redesign of the project scope. Changes to the 1-82 interchange location and the land use assumptions related to the landfill site are the most significant of these changes. The Supplemental Contract includes authorization for an additional $570,563 for the Lochner Contract. The professional services of this contract are eligible expenses that have been reimbursed by the LIFT funding since the City of Yakima initiated the Sales and Use Tax process of the LIFT (the "Pay -Go Period") on April 19, 2011, by adopting Resolution 2011-17. The reasons for this Supplemental Agreement are detailed in the attached memorandum. Resolution: X Other (Specify): Contract: X Start Date: Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Steve Lewis, AICP Vice -President, Lochner Incorporated, 400 108th Ave NE, Bellevue, WA 98004 Phone: Ordinance: Contract Term: End Date: Amount: $570,563 Local Infrastructure Finance Tool (LIFT) funds APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Approve the Resolution to authorize the Supplemental Agreement ATTACHMENTS: Description ❑ Memo describing Contract Supplement reasons ❑ Resolution Lochner Supplemental Contract ❑ Supplement to Lochner Contract Upload Date 2/10/2014 2/7/2014 2/7/2014 Type Backup Material Cover Memo Cover Memo MEMORANDUM To: Honorable Mayor and City Council Members From: Tony O'Rourke, City Manager Joan Davenport, Strategic Project Manager Date: February 18, 2014 Subject: Supplemental Agreement to Lochner Contract The redevelopment of the Cascade Mill site is an Economic Development priority of the City Council. In September of 2011, the City authorized a contract with H.W. Lochner, Incorporated (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. The amount of 2011 Lochner contract for professional services was $1,164,000. As of the end of 2013, funds expended totaled $927,803. Progress and accomplishments of the goal for redevelopment, since 2011, have been substantial. However, the project is at a critical phase. In order to meet the obligations of the Local Infrastructure Financing Tool (LIFT), road construction must be started by June of 2017, as well as the landfill remediation and removal of wood debris. The partnerships involved in the Cascade Mill Redevelopment Project (Washington State Legislature, Yakima County, WSDOT, FHWA, DOE, YCDA, YVCOG and private property owners) are committed to the support and success required to make this project reality. The Supplemental Agreement to the Lochner Contract is necessary to complete the critical tasks of the project in a timely manner. In short, the project has turned out to be more complex and technical than anticipated in 2011. The reasons for this contract amendment include: 1. A fundamental change in the redevelopment plan for the area south of the railroad line from a soccer park to active, private land uses occurred in the summer of 2012. This change created a series of major modifications to the remediation of the landfill and the alignment of roads and utilities. 2. As a result of item #1, the north -south street (Cascade Mill Parkway) was re -aligned and is in the process of design and engineering. 3. The East-West Corridor crossing with I-82, based on review by Federal Highway Administration (FHWA) and Washington State Department of Transportation (WSDOT) was required to be shifted south of the previous alignment. This redesign creates significant changes for the I-82 & Yakima Avenue interchange modification such as ramp and access road locations. 4. The intersection of the Cascade Mill Parkway with the East-West Corridor, at a roundabout, was relocated and redesigned. This roundabout now includes the railroad crossing. 5. Landfill remediation options, as a result of the land uses changes, road alignments and interchange modification have become more inclined to remove the landfill rather than cap the material in place. This is a significant change in the approach to the issue. 6. The City has utilized the services of the Lochner contract, which includes HLA Engineering, for a number of related tasks including grant applications, and the preparation of a "Critical Path and Financing Plan" presented to City Council September 2012. 7. The Supplemental Contract includes the services of an Economic/Market Analyst to provide land use recommendations for the site. 8. Regularly scheduled team meetings have occurred since late 2012 in order to focus the efforts and activities, as well as coordinate the interaction with other partners. The Supplemental Contract includes authorization for an additional $570,563 for the Lochner Contract. The professional services of this contract are eligible expenses that have been reimbursed by the LIFT funding since the City of Yakima initiated the Sales and Use Tax process of the LIFT (the "Pay -Go Period") on April 19, 2011 by adopting Resolution 2011-17. The proposed Supplemental Agreement to the Lochner contract establishes a not to exceed amount of $1,733,877 (an increase of $570,563) to complete the tasks necessary to accomplish the goal of project implementation. An optional task described in the contract supplement, but not authorized, is for project management and inspection services for the construction of the Cascade Mill Parkway. This task will be addressed in the future, along with construction contracts. Design Budget Exhibit B - Revised Maximum Budget Cascade Mill Parkway -Total Budget Summary Yakima, Washington H. W. Lochner Adjusted Expended to Cost to Original Budget Date Complete Revised Budget Lochner $ 380,323.88 $ 329,378.53 $ 359,464.88 $ 688,843.41 Huibregtse Louman Associates $ 519,698.94 $ 477,587.02 $ 181,299.55 $ 658,886.57 HBB Landscape Architecture $ 118,005.18 $ 81,732.68 $ 52,999.00 $ 134,731.68 Mike Cowles $ $ - $ 9,852.00 $ 9,852.00 Shannon & Wilson $ 55,761.74 $ 17,180.79 $ 83,949.00 $ 101,129.79 ECONorthwest $ - $ - $ 29,105.00 $ 29,105.00 RANI Engineering $ - $ - $ 49,404.00 $ 49,404.00 HWA $ 6,106.13 $ 6,106.13 $ - $ 6,106.13 SLR $ 9,568.13 $ 9,568.13 $ $ 9,568.13 RCO Expenses $ 6,250.00 $ 6,250.00 $ $ 6,250.00 SUBTOTAL $ 1,095,714.00 $ 927,803.28 $ 766,073.43 $ 1,693,876.71 Management Contingency Budget $ 68,286.00 $ 40,000.00 Design Budget Total $ 1,164,000.00 $1,733,876.71 Optional Construction Budget Lochner $ $ - $ 95,980.00 $ 95,980.00 Huibregtse Loumann Associates $ $ $ 1,120,829.00 $ 1,120,829.00 HBB Landscape Architecture $ - $ $ 27,371.00 $ 27,371.00 Mike Cowles $ $ $ - $ Shannon & Wilson $ - $ $ 42,657.00 $ 42,657.00 ECONorthwest $ _ $ $ - $ RANI Engineering $ - $ $ - $ - TOTAL $ - $ Expended to Date is through the January 3, 2014 invoice. February 6, 2014 - $ 1,286,837.00 $ 1,286,837.00 CONSTRUCTION MANAGEMENT CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into between City of Yakima, hereinafter referred to as CLIENT, and KBA, Inc., 11000 Main Street, Bellevue, WA 98004, hereinafter referred to as CONSULTANT. Whereas, the CLIENT desires to engage the services of a CONSULTANT to assist them in the completion of a project known as Yakima — Fair Avenue Roundabout Review, the CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows: I. SCOPE OF SERVICES The CONSULTANT agrees to perform certain consulting services for the CLIENT as follows: ® Per the attached Exhibit B which is hereby made a part of this Agreement. ❑ Per the attached letter proposal dated which is hereby made a part of this Agreement. II. PAYMENT CLIENT agrees to pay CONSULTANT as compensation for these services as follows. ❑ Alump sum of$ ® At hourly rates plus expenses per the attached Exhibit C for an estimated total of $4,250.00. ❑ As described per the attached letter proposal dated which is hereby made a part of this Agreement. III. SCHEDULE CONSULTANT will endeavor to be responsive to CLIENT's schedule. This Agreement becomes effective: ❑ As of the latest Signature Date below ® As of December 10, 2014 This Agreement expires on March 1, 2015. IV. NOTICES / COMMUNICATIONS The key contact point for each party is' for CONSULTANT: Denny Jackson, PE KBA, Inc 11000 Main Street Bellevue, WA 98004 Phone: (425) 455-9720 Email: djackson@kbacm.com for CLIENT: Brett Scheffield, PE City of Yakima 129 N. Second Street Yakima, WA 98901 Phone: 509-576-6797 Email: Brett.Sheffield@yakimawa gov V. STANDARD PROVISIONS The Standard Provisions set forth in Exhibit A herein are incorporated into and made a part of this Agreement. CONSULTANT and CLIENT also agree to the following additional provisions: ® None ❑ As detailed in Exhibit , Speci.•I Pro sions KBA, INC. By: Date: 1 57)6e.- .,< L6e Zed/� CITY C)F Y KIMA By Printed NameTOO 0 Nu -Atte.....) Q I r Title: Date. 1 RESOLUTION NO: S:\Projects\Contracts\Client\Yakima\BP-14-150-Yakima-FairAveRou ndabout\Drafts&NegotiationRecords\In-houseDrafts\KBAStdAgmt-FairAve-2014-1208.doc 3 (rev 12/08) CONSTRUCTION MANAGEMENT A. INVOICES Monthly invoices will be issued by Consultant for all work performed under the terms of this Agreement. If hourly, invoices will be based on labor and expenses incurred; if lump sum, invoices will be based on the percentage of work completed. Invoices are due and payable within thirty (30) days of date of invoice. Finance charges, computed by a Periodic Rate of 1 1/2 percent per month will be charged on all past due amounts. In the event there is any dispute with regard to the invoice or billing by Client, such objection shall be communicated to the Consultant on a timely basis or the information contained in said invoice shall be conclusively presumed to be accurate and the Client agrees to pay the invoiced amount. If at any time, present or future, the state or local government assesses a sale or use tax for any of the services performed by the Consultant and/or its subconsultants under this Agreement, the Client agrees to reimburse Consultant in full for such expenses. Failure by the Client to remit payment or progress payments within sixty (60) days of date of invoice shall be sufficient reason for Consultant to stop work on the project and/or withhold delivery of completed work until payment is received for past -due invoiced amounts, finance charges, and any restart charges. The Consultant may withhold delivery of any and all products until payment in full is received for said work. In accordance with RCW 60.04, Mechanics' and Materialmen's Liens, the Consultant may lien the real property associated with this Agreement for the collection of unpaid balances at such time as any unpaid balances are sixty (60) days past due. B. RATES AND EXPENSES If billing is on an hourly basis, rates will be in accordance with the attached Exhibit C — Estimate Schedule. Consultant will notify Client of any changes in the Schedule. The Consultant's Expenses relate to those costs incurred for the Client's project including, but not limited to: necessary transportation costs including vehicle or mileage at Consultant's current rate, subconsultant expenses, computer services, cellular telephone, printing, copying and binding charges. Reimbursement for these Expenses shall be based on the actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by Consultant. C. CHANGES AND EXTRA WORK The Client may desire to have the Consultant perform work or render services other than those provided in Scope of Work, Exhibit A of this Agreement. This will be Extra Work and Consultant shall not proceed until so authorized by the Client. Payment for all work performed under Extra Work per this Agreement shall be on an hourly basis plus expenses in accordance with the attached Schedule of Billing Rates. If Extra Work should be requested by Client, such request shall be evidenced by a written supplement signed by Client authorizing the Extra Work. However, in the event that it is not practical for the parties to make a written supplement for the Extra Work, then the oral authorization of Client shall be sufficient to bind the Client to pay for Extra Work according to the Schedule of Billing Rates plus expenses. A written confirmation of the Extra Work will be submitted by the Client to the Consultant within three (3) business days of the oral authorization. Client may issue a written modification to this Agreement, and Consultant shall comply upon receipt, if required. Reductions or Additions to the Scope of work shall be adjusted by Contract Change Order D. DELAY OF PROJECT If the project is delayed by any circumstance beyond the control of the Consultant for a period of thirty (30) days or longer during the progress of this work, Consultant will be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by Consultant for, among other items, delay, suspension, archiving, documentation, and restarting the work. E. PROFESSIONAL STANDARDS Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. The Consultant makes no other warranty, expressed or implied. F. HIRING OF EMPLOYEES Client and Consultant mutually agree that neither firm shall recruit, extend an offer to, or contact the other party's employees or officers regarding potential or future employment during the time such employees are rendering services under this Agreement and for a period of 6 months thereafter KBA, INC. EXHIBIT A - STANDARD PROVISIONS F. GOVERNING LAW AND VENUE Unless otherwise provided, this Agreement shall be governed by the laws of the State of Washington, and the venue for any action shall be King County, Washington. G. SAFETY AND CONSTRUCTION Consultant shall not be responsible for construction means. methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the contractor(s) and any subcontractors, or for safety of any other parties on the work site. H. TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice to the other party In such event, Consultant shall be paid in full for all work authorized and performed prior to effective date of termination and all expenses incurred or committed to that cannot be canceled. In the event of termination by Client for any reason, Consultant shall be entitled to invoice Client for reasonable expenses directly attributable to termination, such as reassignment of personnel, costs of terminating subcontracts and commitments, and other related close-out costs. I. INDEMNIFICATION Client and Consultant mutually agree, to the fullest extent permitted by law, to indemnify and hold harmless each other against any and all loss, damage, liability, claims, demands, or costs arising out of this Agreement to the extent caused by their own negligent acts, errors, or omission in the performance of their services under the Agreement, to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. J. LEGAL RELATIONS In the event the parties to this Agreement are unable to reach agreement on any dispute arising out of this Agreement, then such dispute shall initially be referred to non-binding mediation, except that Consultant may initiate legal action to foreclose upon its liens and to collect any past due amount. In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, then the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred including staff time, court costs, attorney's fees and all other related expenses in such litigation. It is intended by the parties to this Agreement that the Consultant's services in connection with the Project shall not subject the Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Clint's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Consultant, a corporation, and not against any of the Consultant's individual employees, officers, or directors. The Client agrees to limit the Consultant's liability to the Client and to all parties on the project, such that the total aggregate liability of the Consultant to all those named shall not exceed the Consultant's total fee for services rendered on this project, or Fifty Thousand Dollars ($50,000) whichever is lesser K. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. L. SEVERABILITY If any term, condition or provision of this Agreement or the application to any circumstances is determined to be invalid or unenforceable to any extent, the remaining provisions at this Agreement shall not be affected, but shall instead remain valid and enforceable. M. SURVIVAL Notwithstanding completion or termination of this Agreement for any reason, all rights, duties, and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. N. COMPLETE AGREEMENT This Agreement supersedes all verbal and other written understandings and agreements and constitutes the complete and final understanding between Client and Consultant. (rev 12/08) Exhibit B Scope of Work Fair Avenue Roundabout, City of Yakima A. Design -phase Constructability Review 1. Constructability Review. Participate in Constructability review at the following milestone. a. 90% Stage Review. i. Review the 90% Plans and Contract Provisions for such things as: (a) Constructability and operability (b) General clarity (c) Consistency among standard specifications, amendments, and special provisions/bid items (d) Special Provisions for Cement Concrete Paving ii. One review cycle. Meet with Client to present and discuss comments. Prepare and submit red -line markup of the documents. Deliverables • 90% stage red -line markups Assumption: a Constructability Review of design documents will be for constructability, for general conformance with the design concept, and for contradictions and inconsistencies between the various parts of the design documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, gauges, or fabrication processes; and will not include quantity takeoffs. CONSTRUCTION MANAGEMENT KBA Labor Hours Project Name: Yakima - Fair Ave Roundabout Review Client Project No. KBA Project No. Contract Type: Date Prepared: Prepared by. TBD BP 14-150 Cost + Net Fee (on DSC only) 12/8/2014 Denny Jackson Employee Title 2014 Rate 2015 Rate Total Hours 2014 Total 2015 Total Dec -14 Jan -15 Jim Tobin (E8) Engineer $75.00 $75.00 20 - 20 - 20 Subtotal - KBA Labor Hours 20 - 20 - 20 Direct Expenses Item q Total Expenses 2014 Total 2015 Total Dec -14 Jan -15 Misc: Supplies, Postage, Copies $ 32 - 32 - 32 Subtotal - Direct Expenses $ 32 - 32 - 32 Combined Costs Employee Title 2014 Rate 2015 Rate Total Costs 2014 Total 2015 Total Dec -14 Jan -15 Jim Tobin (E8) Engineer $75.00 $75 00 $ 1,500 - 1,500 - 1,500 Direct Salary Costs $ 1,500 - 1,500 - 1,500 Overhead @ 151.23% $ 2,268 - 2,268 - 2,268 Subtotal (DSC + OH) $ 3,768 - 3,768 - 3,768 Fee (on DSC only) @ 30.00% $ 450 - 450 - 450 Subtotal (DSC + OH + Fee) $ 4,218 - 4,218 - 4,218 Direct Expenses (No Markup) $ 32 - 32 - 32 TOTAL ESTIMATED COSTS $ 4,250 I - 4,250 I - 4,250 Printed: 12/10/2014 9:34 AM 5?Pmtects1Contracts1ClientWahme1BP-14-150-Yakima-FairAveRoundaboutOrafts&NegohahonRecordan-houseDrafis1Exhibit-C-Estimate-2014-1288 xlsx