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HomeMy WebLinkAbout03/03/2015 11 North First Street Revitalization Project, Phase 2, Engineering Agreement with Huibretgtse Louman Associates, Inc.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: March 03, 2015 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing a Professional Service Agreement with Huibregtse Louman Associates, Inc. (HLA), in an amount not to exceed $800,000 to prepare civil engineering plans and specifications for the North First Street Revitalization Project, Phase 2 SUBMITTED BY: Debbie Cook, PE, Director of Utilities and Engineering Brett Sheffield, PE, Chief Engineer (509) 576-6797 SUMMARY EXPLANATION: The Yakima City Council has established that the revitalization of the North First Street Corridor is an "Economic Development" and "Improving the Built Environment" priority. The City Council elected to bond for the design and construction of phase 2, which reconstructs and revitalizes North 1st Street from MLK Jr. Boulevard to 'N' Street. The City followed the procedures established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services roster process to conduct the selection of a firm to prepare the engineering plans and specifications for the construction bid process. Three firms, HLA, HDJ Design Group, and Gray and Osborne submitted Consultant Qualification Statements and were interviewed by a 5 -person Selection Committee consisting of stakeholders and professional staff. HLA was determined to be the preferred firm to prepare the engineering plans and specifications at a cost of $800,000. Resolution: X Other (Specify): Contract: X Start Date: March 3, 2015 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Economic Development Ordinance: Contract Term: 15 months End Date: May 31, 2016 Amount: $800,000 Arterial Streets, Fund 142 Insurance Required? Yes Mail to: Huibregtse, Louman Associates, Inc., Attn: Jeffrey T. Louman, PE, President, 2803 River Road, Yakima, WA 98902 Phone: (509) 966-7000 APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff recommends approval of this resolution. ATTACHMENTS: Description Upload Date Resolution - N 1st St Pri HLA Prof Svcs 2/23/2015 Draft Contract - N 1st St Pri HLA 2/23/2015 Type Resollution Contract RESOLUTION NO. 2015 - A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Huibretgse Louman Associates (HLA), not to exceed $800,000 to prepare civil engineering plans and specifications for the North 1St Street Revitalization Project, Phase 2. WHEREAS, the Yakima City Council has established that the revitalization of the North First Street Corridor is an "Economic Development" and "Improving the Built Environment" priority; and, WHEREAS, the City of Yakima has followed the procedure established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm to prepare the engineering plans and specifications for the construction bid process; and WHEREAS, HLA submitted a Statement of Qualifications (SOQs) verifying that they are qualified to perform the work, and after an interview process, were determined to be the most qualified of those that submitted SOQs; and WHEREAS, the Scope of Work and Budget included in this Professional Services Agreement meet the needs and requirements of the City of Yakima for this project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Professional Services Agreement with HLA attached hereto and incorporated herein by this reference not to exceed Eight Hundred Thousand Dollars ($800,000) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 3rd day of March, 2015. Micah D. Cawley, Mayor ATTEST: Sonya Claar-Tee, City Clerk For City of Yakima Use Only: Contract No Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 2015, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and Huibregtse, Louman Associates, Inc. (HLA), with its principal office at 2803 River Road, Yakima, WA 98902, hereinafter referred to as "ENGINEER," said corporation and its principal engineers are licensed and registered to do business in the State of Washington, and will provide design engineering services under this Agreement for the North First Street Revitalization — Phase 2 Project on behalf of the City of Yakima, Project No. 2390, herein referred to as the "PROJECT." WITNESSETH: RECITALS 111111111 WHEREAS, CITY desires to retain the ENGINEER to construction of the PROJECT, as described in this AGREE and WHEREAS, ENGINEER represents that it knowledge and experience necessary to satisfac it has no conflicts of interest prohibited by law NOW, THEREFORE, CI IIIIII SECTION 1 INCORPO 1111111 1.1 The above recitals" p TION OF R ""f2"IIS SECTION 2 SCOPE OF SER orporated i S 1111 2.0.1 ENGINEER agrees t:erllilform those services described hereafter. Unless modified in writing by both parti s, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 1111 e Illl�i mii�, LS 11111111111111111 111111111 s 0 „r 0000p Illlllll10. 'de engi mm dsubs a mm�le„1 pli uteri11.) n to 111111110 agree as follows: services for design and ent Amendments thereto; 11111111111111111111 1111,11,11,11,11,11. offers to provide personnel with work within the required time and that AGREEMENT; n these operative provisions of the AGREEMENT. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign Michael T. Battle, PE, as Principal -in -Charge throughout the term of this AGREEMENT unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in EXHIBIT A — SCOPE OF SERVICES (WORK) which is attached hereto and made a part of this AGREEMENT as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this AGREEMENT is executed, and that additional WORK related to the PROJECT and not covered in EXHIBIT A may be needed during performance of this AGREEMENT. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 1 of 14 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 accordingly. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in EXHIBIT A — SCOPE OF SERVICES, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing (an email will be considered as written authorization). 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regul au_ - or qualified professional. 3.2 ACCESS TO FACILITIES AND PROPERTY: accessible to ENGINEER as required for ENGINEER labor and safety equipment as reasonably required b 3.3 TIMELY REVIEW: The CITY will examine the specifications, proposals, and other docume accountant, auditor, bond and financial appropriate; and render in writing d examinations and decisions, howe sh dere- u-ssional naob n r all n 11111111 3.4 the CITY'S Represental be responsible for bringing ENGINEER believes are in knowledge. obligations nor of its duty profession. CITY shall appoi� AGREEMENT. IIIIIIICITY'S Repr ati receive information. 4 dill R of Repreentsha olloolo NEEE po Illllilllli less oft 1. -._ �Iifu� Il l0 10 1111111111 tative IVith respect to WORK to be performed under this shall have complete authority to transmit instructions and e entitled to reasonably rely on such instructions made by rwise directed in writing by the CITY, but ENGINEER shall ntion of the CITY'S Representative any instructions which the ate, incomplete, or inaccurate based upon the ENGINEER'S 1011100101110 forma NEER EER'S «- vivpunv , reports, sketches, drawings, deice w ake its facilities reasonably 000 it services and will provide h access. n attorney, insurance counselor, Wu� other consultants as CITY deems CITY in a timely manner. Such ve the ENGINEER of any contractual ces meeting the standards of care for its •1111 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with WORK described in EXHIBIT A. The time for completion is defined in EXHIBIT A, or as amended. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 2 of 14 SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in EXHIBIT A, compensation shall be according to EXHIBIT C — SCHEDULE OF RATES, attached hereto and incorporated herein by this reference. The estimated cost to perform this work, on a time spent basis, plus reimbursement for direct non -salary expenses is as shown on EXHIBIT B — PROFESSIONAL SERVICES. The maximum amount of compensation to the ENGINEER as described in the FEE FOR SERVICE section of EXHIBIT A, shall not exceed Seven Hundred Ninety -Four Thousand Six Hundred Thirty Dollars ($794,630) without the written agreement of the CITY and the ENGINEER. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent (10%) and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in EXHIBIT B. 011I 00 00 5.1.1.1 Travel costs, including transpo • • subsistence, and incidental expenses incurred by employe� m�ii subconsultants in connection with y , CT Wil°IN "" ER and each of the 001 rovided, as follows: 101114011 • That a maximum of U.S per mile will be pai costs of company o they are used f use the least • T 0 1111111111111111 1111111101100044411111 11401111 41 TERN operat 0 nsive f .011111111111111;i4,„„„, 1111111 1101111111,111,11.1111 VENUE SERVICE allowed cents aintenance, and depreciation vehicles for that portion of time . ENGINEER, whenever possible, will and transportation. for - Is inclusive of tips shall not exceed a Ilars ($40) per day per person. This rate may be adjusteds. That accom • t atio' shall be at a reasonably priced hotel/motel. air travµ.' shall be by coach class, and shall be used only when utelyII,: essary. 1111 5.1.2 Telephone charges, c;llluter charges, in-house reproduction charges, first class postage, and FAX charges are4 of included in the direct expense costs, but are considered included in the EXHIBIT C — SCHEDULE OF RATES. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this AGREEMENT. Estimated Subconsultant costs are shown in EXHIBIT B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed the amount set forth in Section 5.1 above. The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the CITY was informed in writing at the time such costs were incurred. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 3 of 14 5.3 The ENGINEER shall submit to CITY's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed, and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by CITY necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW 39.76.020(4). 5.5 Final payment of any balance due the ENGINEER f five (45) days after satisfactory completion of th evidenced by written acceptance by CITY and after necessary and execution and delivery by the ENGIN against CITY arising under or by virtue of this AGREEM any, as may be specifically exempted by the E 1. ER fro amounts to be set forth therein. Eh 11111111111111 0 all 00 011 • PROJ:;; e, Illlllservices will be made within forty- rvi- 'red by this AGREEMENT as d IIIIIIIII l��ltaudit o- 'fic'-tion as CITY may deem hill111111111111 u* ui r than ea 11,11 known payment claims lo 11111111110 1111111 n such payment claims, if qnolossen ul . • aeration of the release in stated 5.6 Payment for any PROJECT services of any claims, right, or remedy it may law, nor shall such payme fault of the ENGINEE AGREEMENT. 11111111111 tit an oril e K onstitute a waiver or release by CITY again ! GINEER under this AGREEMENT or by giver, r- r on, or discharge by CITY of any failure or Gfd orm the PROJECT WORK as required under this 11111111111111 SECTION 6 RESP ' TY OF ENGI111111111lo'II ER 6.1 The ENGINEER shall b0011111111110 .., onsible the professional quality, technical adequacy and accuracy, timely completion, and the Illiiu� di -° on of all plans, design, drawings, specifications, reports, and other services furnished by NGINEER under this AGREEMENT. The ENGINEER shall, without additional compensat ab , correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of action arising out of the performance of this AGREEMENT. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 4 of 14 for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: 6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents, 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 or 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 otherwise. 6.4.2 CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed byf�mpllllup" i- including without limitation such loss, cost, or expense resultingome o inj to persons or damages to proemployees,perty, or ad e twin ly bonthe nectio glwith t r 100 sconduct of the CITY, its g 00 OJE uuu�uuuu0 6.4.3 If the negligence or willful misconduct of both person identified above for whom i���,t- claim, the loss, cost, or expense s -11 br _ iniu CITY in proportion to their relativ-1,1 - ¶ - the right of indemnity will ap'i,' P•r uciiii • • • 6.4.4 's liable Nothing contai a liability ono 6.5 In any and all cl. indirectly employe indemnification obliga on the amount or types or a subcontractor under employee benefit acts. ul�llllp1°1101111101111.111111„,„.„„ mm IS by an emplo any of them, Iliiiiul. nder this mages s' ui gr red e be 0001. „NI Ii n. NGINEER and the CITY (or a ause of such third party en the ENGINEER and the ence or willful misconduct and or this11100000000000 ° c """ EEMENT shall be construed to create mni on in any third party. 1 of th NGINEER,Iany subcontractor, anyone directly or anyone for whose acts any of them may be liable, the REEMENT shall not be limited in any way by any limitation ompensation, or benefits payable by or for the ENGINEER orkmens' compensation acts, disability benefit acts, or other wmmn0 _III 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. 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 and judgment in such investigations. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 5 of 14 SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this AGREEMENT and attachments. The PROJECT schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after execution of this AGREEMENT. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. 7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/ms;)t �. •i 111 •lic. 11111111 SECTION 8 REUSE OF DOCUMENTS p„Ill,u Ill�llV411101•111: 8.1 All internal WORK products of the ENGINEER are in shall be no reuse, change, or alteration by the CITY CITY without written permission of the ENGIN will be at the CITY's sole risk. The CITY a employees, subcontractors, and affiliated cor J including, but not limited to, litigation ex unauthorized reuse, change, or alte indemnified for such clai a expenses and attornellylllll 8.2 The ENGINEER programs, techs c or which are specifie and paid for under this y el 1111111111 t es that owner orts, operate delivered EMEN 8.3 All rights to patents, tradema 11111111 pyrights, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property") as well„ :s any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. 11111111 ees ati e an 11111111111111111111 1111111 is or se ®1,,;•f this PROJECT. There acting through or on behalf of the frbe unreasonably withheld and he ENGINEER and its officers, �• II°'Maims, damages, losses, and costs u n s fees arising out of or related to such •wever, that the ENGINEER will not be sts including, without limitation, litigation oro hich s demni '11111111V •1111 n; provi on•asses, a GINEER's own negligent acts or omissions. of a llllans, drawings, designs, specifications, computer anuals, calculations, notes, and other WORK submitted der this AGREEMENT or which are developed or produced hether or not complete, shall be vested in the CITY. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 6 of 14 audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the PROJECT. 9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 At all times during performance of the services, 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 that stated below, as applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the best interest of the public. 10.1.1 Commercial General Liability Insurance. by the parties, ENGINEER shall provide th of commercial liability insurance and corn liability limit of the limits required in the p Dollars ($2,000,000.00) per occurrence co damage, and Two Million Dollars ($2,000 shall clearly state who the provider is, the covers the policy and provisions provided effect. hall n 10.1.2 11111111111111111.. Before this AGREEMENT is fully executed certificate of insurance as proof ella liability insurance with a total minimum limits of Two Million d sing W, N odily injury and property ) generegate. The certificate ount, the policy number, and when • „policy shall be in effect for the = the CITY, its elected officials, c11 ional insureds. The insured shall ing the CITY thirty (30) calendar days ith an insurance company or companies itted in the State of Washington. ercial duration of this AGREEMENT. T officers, agents, employees, and not cancel or change the insur10 prior written notice. The i .wince sh ide an rated A -VII or hi lll utomobi1111 Commerci 10.1.2. p11i 111111 the proof liability subject to combined s 000000000000 L00000:0000 . 000100000000000000 11000 01 011111111 1111111111111010 !NEER own s, ENGIN mmer 111111111111111 I�II�1 wil E )1111111, t je 1gugly itg mance. y vehicles, before this AGREEMENT is fully executed by R shall provide the CITY with a certificate of insurance as automobile liability insurance and commercial umbrella ith a total liability limit of the limits required in the policy, um limits of Two Million Dollars ($2,000,000.00) per occurrence le limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. 10.1.2.2 If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this AGREEMENT, which is Section 10.1.1 entitled "Commercial General Liability Insurance." 10.1.2.3 Under either situation described above in Section 10.1.2.1. and Section 10.1.2.2., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this AGREEMENT. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers 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. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 7 of 14 10.1.3 Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4 Professional Liability Coverage. Before this AGREEMENT is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this AGREEMENT. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this AGREEMENT. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives there under. The CITY and the CITY'S elected officials, officers, principals, employees, representatives, and a of premiums because of being named None of the policies issued pursuant to canceled, allowed to expire, or changed i until thirty (30) days after written notice expiration or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent d any portion of the WORK to be perform 11.2 Any subconsultants or sub substitutions thereof,� tll1 unreasonably withh if requested, prior shall not constit '�'pe shall be responsible persons and firms pe • iIcto p rIrz. II P . Each sutS he subconsult: mm•provalastot �� - architect rfo alllllllip subco 11.3 CITY hereby authorizes the purpose of completing this A • HBB Landscape Architecture • Conley Engineering, Inc. • GN Northern, Inc. 1111 IIIIIIIII'f" ents shall have no obligation for payment nsureds under such insurance. ents contained herein shall be t affects the rights of the CITY 11111 f intended cancellation, ..11111 `1=Ill,'1m� e� lilllll" NEW pate by ENGINEER, to subcontract MENT. 'lie ENG utilized on this PROJECT, including any t to'q Illlul r approval by CITY, which approval shall not be ct s9: 1111111111 subject to review by the CITY'S Representative, r su• i.ntractor proceeding with the WORK. Such review egal form or content of such subcontract. The ENGINEER I and engineering performance, acts, and omissions of all act WORK. r rrIrrorr EER to subcontract with the following persons or firms for the EMENT: 11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this AGREEMENT. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 8 of 14 SECTION 13 INTEGRATION 13.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This AGREEMENT may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This AGREEMENT shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in Washington State. If any part of this AGREEMENT is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this AGREEMENT shall be in full force and effect. Venue of all disputes arising under this AGREEMENT shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT AND NONDISCRIMINATION 15.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of a regulation on the basis of age, sex, race, creed, -ligion, disability, honorably discharged veteran or military us other classification protected under federal, state, or ii�.m„ � be limited to the following: employment, upgrading, I- QI layoff or termination, rates of pay or other forms of compel (III provision of services under this AGREEMENT. 11111111111 INEE provisions of State and Federal Equal Employs ent rtunity regulations. = • i" federal, state and/or local law or 1111 �Ir, national origin, marital status, e• �'i y, sexual orientation, and any aw. T ° ov .ion shall include but not o on, tra recruitment, advertising, �IDII -tion, selection for training, and the to comply with the applicable Nondiscrimination statutes and SECTION 16 SUSPENSION OF WORK 16.1 CITY may suspend, AGREEMENT if un 1111 WORK under t[° progress of the WIe"""' s it AGREEMENT. The time interfering with norma ..o1111111111111111111,1,16„„ f„e � •111111 eseen cir . ENGINEE EEMENT if ress of th ay inv m the event CITY does .11111111 WORK is suspended. If th AGREEMENT are subject to WORK on the suspended portion of the PROJECT in accordance with SECTION 17. 1111111111111111111111111111111111111111 �iui�nrt tea• ce 1• mail, all or a portion of the WORK under this 111111111111111 011.111.1111111.1.1110 • nce nd CITY'S control are interfering with normal y sus -nd, in writing by certified mail, all or a portion of the reseen circumstances beyond ENGINEER's control are ORK. ENGINEER may suspend WORK on PROJECT in es when due, except where otherwise provided by this tion of the WORK shall be extended by the number of days od of suspension exceeds ninety (90) days, the terms of this negotiation, and both parties are granted the option to terminate SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this AGREEMENT, in whole or in part, if the other party materially breaches its obligations under this AGREEMENT and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this AGREEMENT. 17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this AGREEMENT for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 9 of 14 17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the AGREEMENT shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsecti (1) promptly discontinue all services affected (unles or otherwise make available to CITY all originals reports, estimates, summaries, and such other inf ENGINEER or its subconsultants may have accumu whether completed or in prog ith same. e 110 1@IIpIIlIN111 .�'°` 1117.2 above, the ENGINEER shall l®c otherwise), and (2) deliver icr oft,„,„ is drawl asp' ». cifications, calculations, n doc mCf1 and materials as the u prepared in performing this NEER retaining copies of the 17.6 Upon termination under any subparagra to completion utilizing other qualified responsibility to prosecute r IIII17.7 If, after termination„ilure of that the ENGINEiii71110001011111111001010101011Inot so fail the convenience'. In such e- determined as set fo 111111111111111111111100 ubparagr W iai 11111111111 t7'mmb• e, s or indi ereon. 11111111111111111111 ITY rves the right to prosecute the WORK provided, the ENGINEER shall have no NGI ®'„H.�- to fulfill contractual obligations, it is determined he ter1liilppllination shall be deemed to have been effected for t, the adjustment pursuant to the AGREEMENT shall be 17.4 of this Section. 17.8 If, because of death, una rm�I1V1I®ill •r any other occurrence, it becomes impossible for any key personnel employed by the EER in PROJECT WORK or for any corporate officer of the ENGINEER to render his seri„ es to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this AGREEMENT without the concurrence and written approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation of this AGREEMENT, or in the event of a notice of default as to whether such default does constitute a breach of the AGREEMENT, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this AGREEMENT shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 CONFLICT OF INTEREST 19.1 Interest of Members of City: No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and execution of this AGREEMENT shall have any personal financial interest, direct G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 10 of 14 or indirect, in this AGREEMENT; and the ENGINEER shall take appropriate steps to assure compliance. 19.2 Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality who exercises any functions or responsibilities in connection with the planning and execution of this AGREEMENT shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the ENGINEER shall take appropriate steps to assure compliance. 19.3 Interest of the Engineer and Employees: The ENGINEER covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The ENGINEER further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. SECTION 20 NOTICE 20.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. 00Illi ui 1111111111111111111111111111 CITY: City of Yakima Attn: Brett Sheffield, PE, Chief Engi 129 N. Second Street Yakima, WA 98902 ENGINEER: Huibregtse, Louman Associa Attn: Jeffrey T. Louman, PE, 2803 River Road Yakima, WA 98902 0111101111 1 1111111111111111111111111 111001111000 111111111111111111 IIII 11111111 00000000000000000 G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 11 of 14 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 HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Signature Printed Name: Tony O'Rourke Printed Name: Jeffrey T. Louman Title: City Manager Date: Attest City Clerk City Contract No. 2015 - Resolution No. R-2015- 011001111 1111111111111111111111111111111111111111 Title: President Date: 1 1111111111111111111111111 11111111111111111111111110111 G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 12 of 14 STATE OF WASHINGTON ) ss. 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. Dated: Seal or Stamp 011001111 (Signature) Title Printed Na AVIA My commis 1111111111111111111111111111111111111111 1 1111111111111111111111111 1111111111111111111111111111111 G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 13 of 14 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Jeffrey T. Louman, PE is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp 00000000 (Signature) Title 1111111111111111111111111111111111111111 1111111111111111111111111 G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-13 - COY North First Street - Phase 2.docx Page 14 of 14 EXHIBIT A SCOPE OF WORK NORTH FIRST STREET REVITALIZATION Phase 2 — MLK Boulevard to "N" Street HLA Project No. 15038E The City of Yakima (CITY) desires to construct public infrastructure improvements to encourage revitalization of the North First Street Corridor, from MLK Boulevard to "N" Street. Huibregtse, Louman Associates, Inc. (ENGINEER), shall provide professional services to the CITY as madeed in the Work Tasks descriptions below. The followin. t e'" - '•visions/assumptions have been 111111111111111111111111111111111111111111111111111111 1111111 A. CITY intends for Project to be ready for bid advertis begin in 2016. B. Project is funded locally and no Federal funding will be us C. The typical section, general design layout an the North First Street Revitalization — Phase D. Work conducted will meet CITY design stand E. Plans, specifications, and contract docu accordance with the latest 1. Washington State Public Works As Construction"; lllll11111110l 2. Washington - e Constructio, 3. Washington Sta 4. FHWA "Manual on All calculations, analyses, English units. It is understood and agreed th tasks may be added or deleted mutual agreement of the CI -N and ENGINEER. 1111111111111111 111111111-11 F. G. .r 11111111111111111111111 D Lluul tan 11111111111111 oo•, edition tloent .t • ml11111111111111110 'mo Depart • 111111111111111111 ry map � 111111111 vo 016 and construction to d I1 • cape c•:.•t"shave been established during UuroL and wil I1p0used for this Phase 2 Project. Imo t mm, o fe e'or feasible, shall be developed in endmeof e following: Don sportat 1 1111111 ashington State Chapter of the American Specifications for Road, Bridge, and Municipal :Illlrtation, "Standard Plans for Road and Bridge S. 101.11111111111,1,1111111111, artment ofoo �Vupl rm Tr n,. Tran • nsportation, "Highway Design Manual"; and ontrol Devices for Streets and Highways." ns, specifications, and other project work will be prepared in from the scope of services by Huibregtse, Louman Associates, Inc. (ENGINEER), agrees to perform the following services: I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, COST ESTIMATE AND BIDDING A. Project Management and Administration 1. Provide general coordination with the CITY, subconsultants, other consultants, and stakeholders. 2. Provide monthly status reports and invoices for work performed. 3. Coordinate and attend stakeholder meetings. Up to three (3) meetings are anticipated. 4. Attend meetings with the CITY to address technical aspects of the work related to scope, design, and schedule of the PROJECT. Up to eight (8) meetings are anticipated including project kick-off meeting. 5. Prepare and maintain project design schedule, to be updated monthly or as otherwise requested by the CITY. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-04 North 1st Street Revitalization - Exhibit A - Scope of Work.doc Page 1 B. Preliminary Engineering Design (30%) 1. Perform the field investigations necessary to design the identified improvements. 2. Provide survey control and conduct a topographic survey of the project area as required to complete design, plans, and specifications. Call for underground locates prior to topographic survey. 3. Coordinate geotechnical investigations as follows: a. Determine existing pavement make-up, extent of underlying concrete pavement by core drilling (up to 26 cores) b. Determine ground water infiltration rate and depth for use in storm water design (up to 4 drill locations) c. Determine soil bearing capacity necessary for signal foundation design ("1" Street signal) 4. Coordinate project information with Conley Engineering, Inc. 5. Coordinate project information with HBB Landscape Architecture. 6. Meet with CITY departments including Engineering, Water & Irrigation, Sanitary Sewer, Storm Water, Traffic and Transit. 7. Perform review of public and private utilities including City Water, City Sewer, Cascade Natural Gas, Pacific Power, CenturyLink Communications and Fiber Optic lines to determine general locations and size of facilities. No excavation work will be performed to determine en depth or location of facilities. 8. Make recommendation of potential project impact 9. Notify private utility companies of improvements 10. Coordinate with private utility companies for pro • ed .., by serving utility). nom I�IIIIIIII 11. Meet with Pacific Power to review proposed impr• `LI�ts, sche•III nd expectations. 12. Meet with BNSF to review proposed improvements, sc . l .Ile and expectations. 00 13. At CITY direction, meet in the field wit cted p lu�llll� _"'owners to discuss potential 14. Prepare preliminary plans, specifications, mmohoo ullll• r R.B Y proposed p • e, I,,mm • improvements including: changes/impacts ue to ro ose improv a. b. c. d. e. f. Roadway Improvements Domestic Watermain and Sanitary Sewerma. Storm Drainag "I" Street/1 st Traffic C 15. Prepare pr landscape conce alternatives will be p 16. Prepare typical section is intended the Phase 1 t Prepare the Engineer's Op, • II IIS ,V��II IIII Se Se eet Intersr� and Construe landscape, illi be carri '° mm d. 111IIIIIII I1 lu6? 17. 18. 19. 20. 6!ihu11.11 • lll1l�lii I t nd adv Conner Connec ing utilities. f project schedule. grades (private utility designs (MLK to "E" Street only) an I Layout Seq ncing Plan nting and irrigation plan. It is intended the Phase 1 forward into this project and no additional concept level 11111111111111 III S ob I design assumptions for review and approval by the CITY. It t; section concepts will be carried forward into this project. on of Probable Construction Cost. v Verify preliminary design elements in the field against existing features. Perform quality control and assurance review of all design elements. Submit 30% design documents to the CITY and conduct follow-up review meeting with the CITY. C. Right -of -Way Services 1. Identify properties where additional right-of-way is required. 2. Obtain title reports for properties where right-of-way is required (up to 12 title reports). 3. Prepare right-of-way plans in accordance with WSDOT requirements. 4. Prepare legal descriptions and exhibits for property acquisitions. 5. Stake proposed right-of-way acquisition boundaries for review by property owners. 6. Appraisal and acquisition services will be performed by others as engaged by CITY. 7. Identify properties where temporary construction permits (TCPs) are required. (Anticipated for driveway tie-in construction.) 8. Prepare legal descriptions and exhibits for TCPs. 9. TCPs are to be obtained and executed by others as arranged by the CITY. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-04 North 1st Street Revitalization - Exhibit A - Scope of Work.doc Page 2 D. Final Engineering Design, Plans, and Specifications (60%, 90%, and Final) 1. Prepare SEPA checklist for transmittal to lead agency for review and action. 2. Prepare all permit applications required for the construction of the improvements for CITY signature and submittal to the controlling authority. a. BNSF Railway b. Storm Water Notice of Intent (NOI) 3. Prepare draft and final storm water report for review and approval by the CITY. 4. On the basis of approved preliminary construction plans, perform the final design. Present design to CITY at 60% and 90% completion for final coordination. 5. Meet with CITY departments including Engineering, Water & Irrigation, Sanitary Sewer, Storm Water, Traffic and Transit at 60% and 90% completion levels. 6. Confirm project schedule with private utility companies. Meet with Pacific Power at 60% and 90% completion levels. 7. Prepare final plans and specifications for bid call on the proposed work, as authorized by the CITY, including: a. Cover Sheet, General Notes, Typical Sections and Project Details b. Temporary Erosion and Sediment Control (TESC) Plan c. Demolition Plans d. Traffic Control and Construction Sequencing Plans j. Roadwayts for Improv f. Domestic Water Main Improvements g.gSanitarySewe. Plan and r Mane and Service Con ecti• t• III h. Storm Drainage Improvements (IIIIIIIII Street) i. Illumination Plan (both traffic and pedestrian 11111111111111111 1010100101;010 k. Railroad CrossingImprovements at "G" . -t des ullillllll I' Street/1 Street Intersection and Si nalizationIII p ( i• • onstruction by BNSF) ,, , S g I. Channelization and Signing Plans 11111111111111111111 m. Landscape, Irrigation and Plantin n. Contract Documents and Proje 8. Prepare the Engineers Opinion of 9. Perform quality control 10. Submit final docum 1111111 E. Construction Cont 1. Provide six (6) pri 2. Provide electronic fi All bid advertisement fe 3. Answer questions and/or 4. Prepare and issue addend 5. sur lono01 0 0000000 • 000010 uu P e IC ons t • I'00;00000,0n 1:11100 bable C eview o 1111111 1111111111111111111111111111 ion Cost. nal documents. ract documents to the CITY. d specifications for use by the CITY in bid advertisement. id by the CITY. such information as is requested by prospective bidders. if necessary. Participate in the bid opening, evaluate bids, prepare bid tabulation, and make recommendation of award. II. CONSTRUCTION OBSERVATION AND ADMINISTRATION Construction observation and administration services are anticipated to be provided as an addendum to this agreement or by separate contract, once final plans are prepared, the length of construction is determined, and the scope of work more clearly defined. III. ADDITIONAL SERVICES For services not included in the Scope of Work, the CITY may request the ENGINEER complete additional services, as mutually agreed, at the rates in affect at the time of service. 1. Funding Alternatives and Applications 2. Other G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-04 North 1st Street Revitalization - Exhibit A - Scope of Work.doc Page 3 IV. TIME OF COMPLETION DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE AND BIDDING All work described in Item A of the Scope of Services above shall begin upon contract execution and continue until completion of bidding services. All work described in Item B of the Scope of Services above shall be completed within 120 calendar days after the date of authorization to proceed. All work described in Item C and D of the Scope of Services above shall be completed within 220 calendar days after the date of authorization to proceed, following CITY approval of Preliminary Engineering Design (Item B). All work described in Item E of the Scope of Services above shall be provided within 30 calendar days after the date of CITY authorization to proceed with bidding services. V. FEE FOR SERVICES For the services furnished by the ENGINEER as described i CONSULTANT the fees as set forth herein. The maximum written agreement of both parties. 4 mount 11111111111110. 111111111111111 11111111111111111111111 IIIIIIII DESIGN ENGINEERING, PLANS, SPECIFICATIONS ESTI M •° 1110011111111 111„ All work described in Items A through E of thelllcllope hourly basis plus direct costs, with a maximu p „ ,r 101111000 i 1111111111111111111111111 n ee ervice IIID00,001011000011111111 ... T A, the CITY agrees to pay the d below may be revised only by AND BIDDING above shall be performed on an 4,630.00. G:\Contracts & Task Orders\Yakima\N. 1st Street - Phase 2\2015-02-04 North 1st Street Revitalization - Exhibit A - Scope of Work.doc Page 4 EXHIBIT B North First Street Revitalization - Phase 2 Martin Luther King Boulevard to 'N' Street Yakima, Washington Professional Services Classification Hourly Billing Total Labor Total Rate Hours Salary Costs Licensed Principal Engineer $174.91 Licensed Principal Engineer $174.91 Licensed Professional Engineer $128.36 Licensed Professional Engineer $128.36 Project Engineer $111.43 CAD Technician $66.30 Licensed Principal Land Surveyor $146.70 Licensed Professional Surveyor $90.28 Surveyor $86.33 Surveyor $86.33 Surveyor $86.33 Engineering/Word Processing Tech $62.91 Salary Escalation Subconsultants iii,,,pulllll HBB Landscape Arc GN Northern, Inc., Geotech Conley Engineering, Inc., Sign 117 448 1,154 1,036 568 2,098 74 Total Labor Cost 6 111111111 2015/2016 Total HLA Labor 111111111111111111111111111111111111 ®I rig oov0000 Direct Reimbursables: Travel: Title Reports Reimbursables Subtotal: 40111 $20,464.47 $78,359.68 $148,127.44 $132,980.96 $63,292.24 $139,097.40 $10,855.80 $20,583.84 $20,373.88 $20,373.88 $20 , 73.88 04.54 P687,088.01 .5% $14,428.85 $701,517 Total HLA Labor Cost: 001000 ark -up Fee Est. Total Fee 1.10 $30,000.00 $33,000.00 1.10 $28,000.00 $30,800.00 1.10 $22,600.00 $24,860.00 $88,660.00 Total Subconsultants $ 850 $ 3,600 $ 4,450 Total Direct Reimbursables Total Project - Huibregtse, Louman Associates, Inc. $701,520.00 $88,660.00 $4,450.00 $794,630.00 EXHIBIT C North First Street Revitalization - Phase 2 Martin Luther King Boulevard to "N" Street Yakima, Washington Schedule of Rates Rate Determinations - June 1, 2014 thru May 31, 2015 Huibregtse, Louman Associates, Inc. Job Title or Category Hourly 2 Rate Overhead @ 0 152.11 /0 Fee @ 0 30.00 /0 C+FF Rate @ 0 1 152.11 /0 OH Licensed Principal Engineer $62.00 $94.31 $18.60 $174.91 Licensed Principal Land Surveyor $52.00 $79.10 $15.60 $146.70 Licensed Professional Engineer $45.50 $69.21 $13.65 $128.36 Licensed Professional Land Surveyor $32.00 $48.68 $9.60 $90.28 1 Project Engineer $39.50 $60.08 $11.85 $111.43 CAD Technician $23.50 $35.75 $7.05 $66.30 Surveyor $30.60 $46.55 $9.18 $86.33 Engineering/Word Processing Tech. $22.30 $33.92 $6.69 $62.91 1 Rates for job categories shown are for the highest rate payable within the category. Actual rate may be less depending on staff person assigned. 2A11 hourly rates will increase approximately 3.5% beginning June 1, 2015, for role and responsibility pay increases and remain constant until May 31, 2016. Huibregtse, Louman Associates, Inc. Statement of Direct Labor, Fringe Benefits, and General Overhead For the Year Ended December 31, 2013 Description % of Direct Labor Direct Labor INDIRECT COSTS Fringe Benefits Vacation, Sick and Holiday 10.41% Incentive Compensation 32.02% Retirement Plans 15.08% Employee Group Insurance 12.85% Payroll Taxes 12.86% Other Employee Benefits 0.65% Total Fringe Benefits 83.87% VIII"` General Overhead 110000000000000000000000010 IIII'IIIIII Indirect Labor .30° Accounting Fees Automobile SII 1.61% Bank charges and processing fees Computer hardware/software Depreciation and Amortization Dues and Professional Licenses Insurance Leased Equipment Meals Expense 1111111111111 Office Supplies alaol °°""u® tage Printing and Reprodu gm�:h 11111 1111111111111111 000.15% 1.13% 4.99% 0.41% 3.93% 0.51% 0.17% 2.30% 0.15% Professional Services 1.12% Rent and Utilities 16.57% Repairs and Maintenance 1.90% Seminars and Prof Education mu 0.76% Supplies 0.54% Taxes and Licenses 8.17% Telecommunications 1.41% Travel 0.76% Direct Costs Recovery -2.91% Total General Overhead 68.25% Total Indirect Costs 152.11% Overhead Rate 152.11%