HomeMy WebLinkAbout03/04/2025 07.F. Resolution authorizing an agreement with KDA Architecture Inc. for architectural design, space and needs planning services 1.:4‘
'1,7111.1.7,''
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.F.
For Meeting of: March 4, 2025
ITEM TITLE: Resolution authorizing an agreement with KDA Architecture Inc. for
architectural design, space and needs planning services
SUBMITTED BY: *Scott Schafer, Director of Public Works
Jim Hogenson, Transit Division Manager
SUMMARY EXPLANATION:
The City of Yakima (City) desires to contract with KDA Architecture Inc. for a "Feasibility Study"
pertaining to the Architectural Design, Space and Needs Planning Services for the Public Works Facility
located at 2301 Fruitvale Boulevard and the new Transit Facility located at 506 Fruitvale Boulevard. The
Feasibility Study is to consist of infrastructure options at both City locations for the potential operations of
alternative fuels and appropriate fueling sites. In addition, evaluate the new Transit Facility for future
office use and the storage and maintenance of Transit fleet.
The City submitted Request for Qualifications to several consulting firms that included a competitive
selection process; ultimately selected KDA Architecture Inc. as they were determined to be qualified to
perform the Feasibility Study needed of the Public Works Facility and the new Transit Facility. The City
desires to enter into a Professional Services Agreement with KDA Architecture Inc. to perform a scope of
work specific for the two City facilities in their long-term planning. Enclosed for City Council review is an
Agreement with KDA Architecture Inc. in an amount not to exceed $269,435. Funding for the Feasibility
Study will be shared between Transit and Public Works Admin.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution KDA Agreement Facilities.docx
KDA Architecture INC. Agreement with Exhibits.pdf
65
RESOLUTION NO. R-2025-
A RESOLUTION authorizing an Agreement with KDA Architecture Inc. for Architectural
Design, Space and Needs Planning Services.
WHEREAS, the City of Yakima (City) desires to contract with a qualified consulting firm
for a "Feasibility Study" pertaining to the Architectural Design, Space and Needs Planning
Services for the Public Works Facility located at 2301 Fruitvale Boulevard and the new Transit
Facility located at 506 Fruitvale Boulevard; and
WHEREAS, the Feasibility Study is to consist of infrastructure options at both City
locations for the potential operations of alternative fuels and appropriate fueling sites. In
addition, evaluate the new Transit Facility for future office use and the storage and maintenance
of Transit fleet; and
WHEREAS, The City submitted Request for Qualifications to several consulting firms
that included a competitive selection process. The City ultimately selected KDA Architecture
Inc. as they were determined to be qualified to perform the Feasibility Study needed of the
Public Works Facility and the new Transit Facility; and
WHEREAS, the City desires to enter into a Professional Services Agreement with KDA
Architecture Inc. to perform a Scope of Work specific for the two City facilities in their long-term
planning; and
WHEREAS, the City Council of the City of Yakima finds that entering into the
Professional Services Agreement with KDA Architecture Inc., for a Feasibility Study is in the
best interests of the City and its residents; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with KDA Architecture Inc., attached hereto and incorporated herein by this reference, not to
exceed Two Hundred Sixty-Nine Thousand Four Hundred Thirty-Five Dollars ($269,435) to
provide the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 4th day of March, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
66
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
KDA ARCHITECTURE, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2025, 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 KDA Architecture, Inc. with
its principal office at 1310 North 16th Avenue, Yakima, WA 98902, (hereinafter referred to as
"ARCHITECT"); said corporation being licensed and registered to do business in the State of Washington,
and will provide design services as detailed herein for a Feasibility Study at City of Yakima Public Works
Facility and Transit Facility under this Agreement on behalf of the City of Yakima's Projects, herein
referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ARCHITECT to provide architectural services for design
and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto;
and
WHEREAS, ARCHITECT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ARCHITECT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ARCHITECT agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ARCHITECT shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ARCHITECT shall use its best efforts to maintain continuity in personnel and shall assign,
Ryan C. Pharmer as Principal-in-Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ARCHITECT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully
set forth herein.
2.2 Additional Services: CITY and ARCHITECT agree that not all WORK to be performed by
ARCHITECT 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 ARCHITECT to revise
portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions
of the PROJECT, or request that the ARCHITECT perform additional WORK beyond the scope of
the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
Page 1
67
2.2.1 If such Additional Services cause an increase or decrease in the ARCHITECT'S cost of,
or time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ARCHITECT according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ARCHITECT shall not perform any
Additional Services until so authorized by CITY and agreed to by the ARCHITECT in
writing.
2.3 The ARCHITECT must assert any claim for adjustment in writing within thirty (30) days from the
date of the ARCHITECT's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term of this AGREEMENT shall be from the date of the agreement through the 2025
calendar year.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ARCHITECT all technical data in the
CITY'S possession relating to the ARCHITECT'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ARCHITECT as required for ARCHITECT'S performance of its services and will
provide labor and safety equipment as reasonably required by ARCHITECT for such access.
4.3 TIMELY REVIEW: The CITY will examine the ARCHITECT'S studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ARCHITECT of any contractual
obligations nor of its duty to render professional services meeting the standards of care
applicable to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information, ARCHITECT shall be entitled to reasonably rely on such instructions made
by the CITY'S Representative unless otherwise directed in writing by the CITY, but ARCHITECT
shall be responsible for bringing to the attention of the CITY'S Representative any instructions
which the ARCHITECT believes are inadequate, incomplete, or inaccurate based upon the
ARCHITECT'S knowledge.
4.5 Any documents, services, and reports provided by the CITY to the ARCHITECT are available
solely as additional information to the ARCHITECT and will not relieve the ARCHITECT of its
professional duties and obligations under this Agreement or at law. The ARCHITECT shall be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services
-and-ceper-ts-btrt-shall be respansi le `er eL^•^+sing-e s-tt ►ary--professional-eare in using and-
reviewing such documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this Agreement, CITY grants ARCHITECT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 6 COMPENSATION
Page 2
68
6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates
identified in Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated
herein by this reference, on a time spent basis plus reimbursement for direct non-salary
expenses.
6.1.1 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 ARCHITECT'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 ARCHITECT. Estimated Direct Non-Salary
Expenses are shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ARCHITECT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ARCHITECT, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
6.1.3 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.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Two Hundred Sixty-Nine Thousand Four Hundred Thirty Five
Dollars ($269,435.00). The ARCHITECT shall make all 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 ARCHITECT is not obligated to
incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ARCHITECT beyond these limits. When any budget has been increased, the ARCHITECT'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.
6.3 The ARCHITECT shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ARCHITECT shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
Page 3
69
period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts
to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and
amount billed. CITY will notify the ARCHITECT promptly if any problems are noted with the
invoice. CITY may question any item in an invoice, noting to ARCHITECT the questionable
item(s) and withholding payment for such item(s). The ARCHITECT may resubmit such item(s) in
a subsequent invoice together with additional supporting information requested.
6.4 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 (61st) 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 ARCHITECT pursuant to the terms of
RCW 39.76.020(4).
6.5 Final payment of any balance due the ARCHITECT for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ARCHITECT's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ARCHITECT from the operation of the
release in stated amounts to be set forth therein.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ARCHITECT under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ARCHITECT to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 7 RESPONSIBILITY OF ARCHITECT
7.1 The ARCHITECT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ARCHITECT under this Agreement. The
ARCHITECT shall, without additional compensation, correct or review any errors, omissions, or
other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ARCHITECT 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.
7.2 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
ARCHITECT 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.
7.3 In performing WORK and services hereunder, the ARCHITECT 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 ARCHITECT shall not hold itself out as, nor claim to be, an officer or
—employee-mf C--ITaf-by-season hereof--and-shall net-make-any claim, dcrnand�er-application to or
for any right or privilege applicable to an officer or employee of CITY. The ARCHITECT shall be
solely responsible for any claims for wages or compensation by ARCHITECT's employees,
agents, and representatives, including subconsultants and subcontractors, and shall save and
hold CITY harmless therefrom.
7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ARCHITECT shall take all necessary precautions in performing the WORK to prevent injury
to persons or property. The ARCHITECT agrees to release, indemnify, defend, and hold
Page 4
70
harmless the City, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or
other governmental proceedings arising from or in connection with this Agreement or the
acts, failures to act, errors or omissions of the ARCHITECT, or any of ARCHITECT's agent(s)
or subcontractor(s), in performance of this Agreement, except for claims caused by the City's
sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ARCHITECT waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ARCHITECT's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs.
ARCHITECT shall require that its subcontractors, and anyone directly or indirectly employed
or hired by ARCHITECT, and anyone for whose acts ARCHITECT may be liable in
connection with its performance of this Agreement, comply with the terms of this paragraph,
waive any immunity granted under Title 51 RCW, and assume all potential liability for actions
brought by their respective employees. The Parties acknowledge that they have mutually
negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
ARCHITECT and the City, the ARCHITECT's liability, including the duty and cost to defend,
shall be only to the extent of the ARCHITECT's negligence.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or
a right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ARCHITECT, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ARCHITECT
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ARCHITECT specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ARCHITECT and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ARCHITECT 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. ARCHITECT does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ARCHITECT's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ARCHITECT
professional liability.
7.7 ARCHITECT shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement,
ARCHITECT shall pay the same before it becomes due.
7.8 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,
Page 5
71
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 ARCHITECT, to the extent that ARCHITECT has exercised the applicable and appropriate
standard of professional care, thoroughness and judgment in performing such investigation s.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ARCHITECT 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
ARCHITECT, 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 ARCHITECT which could not
be reasonably anticipated or avoided.
8.2 Not later than the tenth (10th) day of each calendar month during the performance of the
PROJECT, the ARCHITECT shall submit to the CITY's Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ARCHITECT and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the CITY's request for presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ARCHITECT are instruments or services of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ARCHITECT, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ARCHITECT and
its officers, employees, subcontractors, and affiliated corporations from all claims, damages,
losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out
of or related to such unauthorized reuse, change, or alteration; provided, however, that the
ARCHITECT will not be indemnified for such claims, damages, losses, and costs including,
without limitation, litigation expenses and attorney fees if they were caused by the ARCHITECT's
own negligent acts or omissions.
9.2 The ARCHITECT agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ARCHITECT (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ARCHITECT, and
ARCHITECT does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ARCHITECT, 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 ARCHITECT's WORK and invoices.
Page 6
72
10.2 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.
10.3 The ARCHITECT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ARCHITECT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include
ARCHITECT's written comments, if any.
10.4 The ARCHITECT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ARCHITECT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ARCHITECT
shall secure and maintain in effect insurance to protect the CITY and the ARCHITECT from and
against all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Agreement. ARCHITECT shall provide and maintain in force insurance in
limits no less than those stated below, as applicable. The CITY reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ARCHITECT carries
higher coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and City of Yakima shall be named as an additional
insured for such higher limits.
ARCHITECT shall provide a Certificate of Insurance to the City as evidence of coverage for each
of the policies and outlined herein. A copy of the additional insured endorsement attached to the
policy shall be included with the certificate. This Certificate of insurance shall be provided to the
City prior to commencement of work. Failure to provide the City with proof of insurance and/or to
maintain such insurance outlined herein shall be a material breach of this agreement and a basis
for termination.
Failure by the City to demand such verification of coverage with these insurance requirements or
failure of the City to identify a deficiency from the insurance documentation provided shall not be
construed as a waiver of ARCHITECT's obligation to maintain such insurance.
ARCHITECT's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the ARCHITECT's insurance and neither
the City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by ARCHITECT's insurance. All additional insured endorsements required by
this Section shall include an explicit waiver of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Five Million Dollars ($5,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the CITY, its elected and
appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
11.1.2. Commercial Automobile Liability Insurance.
Page 7
73
a. If ARCHITECT owns any vehicles, before this Agreement is fully executed by the
parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ARCHITECT does not own any vehicles, only "Non-owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds. The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ARCHITECT 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 Five
Million Dollars ($5,000,000.00) aggregate. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this contract.
Failure of.either_.or_aiLaf the additional insureds to reporl..a_claim.under such insurance_sba! not
prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents,
and representatives there under. The CITY and the CITY's elected and appointed officials,
officers, principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance. None of the
policies issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after
written notice to the CITY of such intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ARCHITECT fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
Immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ARCHITECT shall be entitled, to the extent determined appropriate by ARCHITECT, to
subcontract any portion of the WORK to be performed under this Agreement. However,
ARCHITECT shall be considered the Prime Design Contractor hereunder and shall be the sole
point of contact with regard to all contractual matters arising hereunder, including the
performance of WORK and payment of any and all charges resulting from contractual obligations.
Page 8
74
12.2 Any subconsultants to the ARCHITECT utilized on this PROJECT, including any substitutions
thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably
withheld. Each subcontract shall be subject to review by the CITY's Representative, if requested,
prior to the subconsultant proceeding with the WORK. Such review shall not constitute an
approval as to the legal form or content of such subcontract. The ARCHITECT shall be
responsible for the architectural and engineering performance, acts, and omissions of all persons
and firms performing subcontract WORK.
12.3 CITY does not anticipate ARCHITECT subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ARCHITECT 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.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
ARCHITECT shall comply with this request at once and shall not employ the subcontractor for
any further WORK under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ARCHITECT without prior written consent of the
other, which consent will not be unreasonably withheld. The ARCHITECT for itself and its heirs,
executors, administrators, successors and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ARCHITECT. It is expressly intended
and agreed that no third party beneficiaries are created by this Agreement, and that the rights and
remedies provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ARCHITECT 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 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ARCHITECT and ARCHITECT's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, gender
identity, political affiliation or belief, or the presence of any sensory, mental or physical handicap,
and any other classification protected under federal, state, or local law, including, but not limited
to the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12101 et. seq.). This provision shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the provision
of services under this Agreement. ARCHITECT agrees to comply with the applicable provisions
of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
Page 9
75
regulations. In the event of the ARCHITECT's or ARCHITECT's subcontractor's noncompliance
with the non-discrimination clause of this Agreement or with any such rules, regulations, or
orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the
ARCHITECT may be declared ineligible for any future City contracts.
16.2 Pay transparency nondiscrimination. The ARCHITECT will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals
who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or(c) consistent with the
contractor's legal duty to furnish information.
16.3 If Applicable: RCW 35.22.650: ARCHITECT agrees that the ARCHITECT shall actively solicit the
employment of minority group members. ARCHITECT further agrees that the ARCHITECT shall
actively solicit bids for the subcontracting of goods or services from qualified minority businesses.
ARCHITECT shall furnish evidence of the ARCHITECT'S compliance with these requirements of
minority employment and solicitation. ARCHITECT further agrees to consider the grant of
subcontracts to said minority bidders on the basis of substantially equal proposals in the light
most favorable to said minority businesses.
16.4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require
ARCHITECT or any of its subcontractor(s) to take action that would be deemed discrimination or
preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this
Section does not prohibit action that must be taken to establish or maintain the CITY'S eligibility
for any federal program, if ineligibility would result in a loss of federal funds to the CITY.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ARCHITECT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond ARCHITECT's control are interfering
with normal progress of the WORK. ARCHITECT may suspend WORK on the PROJECT in the
event CITY does not pay invoices when due, except where otherwise provided by this
Agreement. The time for completion of the WORK shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this
Arc reement are subject to renegotiation, and both parties are granted the option to terminate
WORK on the suspended portion of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 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 with the terminating party and for
cure within the 15-day notice period before termination. Notice shall be considered issued within
-sevefrty-two (72) hours-&-mailingy--eerttfied-mail-1e-the-plaec of busi ies-s-of-eit+ er-paftty--as-set- —
forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ARCHITECT is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before the
effective termination date.
Page 10
76
18.3 If CITY terminates for default on the part of the ARCHITECT, 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 ARCHITECT 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 ARCHITECT'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 ARCHITECT 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.
18.4 If the ARCHITECT 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
ARCHITECT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ARCHITECT shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ARCHITECT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ARCHITECT retaining copies of the
same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ARCHITECT shall
have no responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ARCHITECT to fulfill contractual obligations, it is determined
that the ARCHITECT has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ARCHITECT in PROJECT WORK or for any corporate officer of the
ARCHITECT to render his services to the PROJECT, the ARCHITECT 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 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall
first pursue mediation as a means to resolve the dispute. If neither of the afore mentioned
methods are successful then any dispute relating to this Agreement shall be decided in the courts
of Yakima County, Washington in accordance with SECTION 14. If both parties consent in
writing, other available means of dispute resolution may be implemented.
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.
Page 11
77
CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn: Jim Hogenson
ARCHITECT: KDA Architecture, Inc.
1310 North 16th Avenue
Yakima, WA 98902
Attn: Ryan C. Pharmer
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ARCHITECT of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the City's knowledge of defective or non-complying performance,
its substantiality or the ease of its discovery. ARCHITECT shall provide the City sufficient, safe,
and proper facilities, and/or send copies of the requested documents to the City. ARCHITECT's
records relating to the WORK will be provided to the City upon the City's request.
21.2 ARCHITECT shall promptly furnish the City with such information and records which are related
to the WORK of this Agreement as may be requested by the City. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
period if required by law or by the Washington Secretary of State's record retention schedule,
ARCHITECT shall retain and provide the City access to (and the City shall have the right to
examine, audit and copy) all of ARCHITECT's books, documents, papers and records which are
related to the WORK performed by ARCHITECT under this Agreement. If any litigation, claim, or
audit is started before the expiration of the six-year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved. Prior to converting
any paper records to electronic format and/or destroying any records. ARCHITECT shall contact
CITY's Records Administrator (509-575-6037) to discuss retention. In no event shall any record
relating to the WORK be destroyed without CITY consultation.
21.3 All records relating to ARCHITECT's services under this Agreement must be made available to
the City, and the records relating to the WORK are City of Yakima records. They must be
produced to third parties, if required pursuant to the Washington State Public Records Act,
Chapter 42.56 RCW, or by law. All records relating. to ARCHITECT's services under this
Agreement must be retained by ARCHITECT for the minimum period of time required pursuant to
the Washington Secretary of State's records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 ARCHITECT agrees to perform all WORK under and pursuant to this Agreement in full
compliance with any and all applicable laws, rules, and regulations adopted or promulgated by
any governmental agency or regulatory body, whether federal, state, local, or otherwise, including
polidies_adoptad hy_thp City, as these 12w_s,o.rdinances,_rules,regulations and policies_now exist
or may hereafter be amended or enacted. ARCHITECT shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the work.
22.2 ARCHITECT shall procure and have all applicable and necessary permits, licenses and
approvals of any federal, state, and local government or governmental authority or this project,
pay all charges and fees, and give all notices necessary and incidental to the due and lawful
execution of its work.
Page 12
78
a. Procurement of a City Business License. ARCHITECT must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. ARCHITECT must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
c. ARCHITECT must provide proof of a valid Washington Unified Business Identification (UBI)
number. ARCHITECT must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ARCHITECT must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
23.2 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. N/A,
titled N/A Scope of Work, conditions, addenda, and modifications and ARCHITECT's proposal (to
the extent consistent with Yakima City documents) constitute the Agreement Documents and are
complementary. Specific Federal and State laws and the terms of this Agreement, in that order
respectively, supersede other inconsistent provisions. These Agreement Documents are on file in
the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby
incorporated by reference into this Agreement.
23.3 Notice of change in financial condition. If, during this Agreement, the ARCHITECT experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ARCHITECT shall immediately notify the City
in writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
23.4 No conflicts of interest. ARCHITECT represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ARCHITECT further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.5 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
23.6 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on
a date specified herein.
23.7 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
Page 13
79
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
23.8 Force Majeure. ARCHITECT will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ARCHITECT; provided
ARCHITECT notifies the City immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
to the time lost due to the reason for delay.
23.9 Authority. The person executing this Agreement on behalf of ARCHITECT represents and
warrants that they have been fully authorized by ARCHITECT to execute this Agreement on its
behalf and to legally bind ARCHITECT to all terms, performances, and provisions of this
Agreement.
23.10 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
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 KDA ARCHITECTURE, INC.
Vicki Baker Signat re
Printed Name: Printed Name: Ryan C. Pharmer
Title: City Manager Title: Principal
Date: Date: / 3/ ?S
Attest
City Clerk
—kistof Exhibitstttae t
Exhibit A—Scope of Work
Exhibit B— Professional Fees
Exhibit C— Hourly Billing Rate Schedule
Exhibit D— Preliminary Project Schedule
Page 14
80
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Vicki Baker is the person who appeared before me,
and said person acknowledged that she signed this instrument, on oath stated that she'Was authorized to
execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 15
81
STATE OF WASHINGTON j
J ss.
COUNTY OF YAKIMA y
I certify that I know or have satisfactory evidence that t `y., �'• ,v.4.r •1`" is the person who
appeared before me, and said person acknowledged thatAp/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument, and acknowledged it as the
pr't rir,jf AA of KIA- v'e-1 . � e_. to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: F " '- 31 Z V Z S
Seal or Sta,etS)`\\"t "1 Itlt
z- le'\'-.•'''''it;'W 1 44/IA- 1 ------)a-/ td(A/14
J o ,pTAq� /6 (Signature)
i• `� 50965 s` of 7/e74.-e0:0_, 6,74-4V1)
* N-A 1' A0Bt,‘ , 5 Q Title
/i q) `h,o,,`Z 3-� .-`Cry t,,,, ot.stG,,....��+� 17a1-e K . M�t112241
111111 11WAa�s`,,. Printed Name
My commission expires:
Page 16
82
EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION
1. This project is for a Feasibility Study at the City of Yakima Public Works Facility at 2301
Fruitvale Boulevard and the Transit Facility at 506 Fruitvale Boulevard in Yakima.
2. The analysis for the Transit Facility will include:
a. Evaluating the conversion of the newly acquired facility at 506 Fruitvale Blvd,
previously a car dealership, into a transit and public works office, fleet vehicle
storage, repair, and maintenance facility.
b. Evaluation of the existing facility for possible internal renovations to
accommodate operations and maintenance space including offices, break
rooms, restrooms, and support spaces.
c. Evaluation of existing mechanical, electrical, and infrastructure for the facility
including stormwater management, power, communications, access, washing
stations, maintenance shop, security, etc.
d. Evaluation of site to determine required upgrades per energy code,
accessibility, thermal envelope, roofing, and walls/windows, etc.
e. Evaluation of existing access doors and garage bays.
f. Evaluating site parking. To include staff parking, options for Transit, Dial-A-
Ride fleet vehicles, and public parking.
3. The analysis will also include the following for both the Transit Facility and the Public Works
Facility:
a. Evaluating infrastructure options required for alternative fuels such as
hydrogen and/or electric fleet vehicles.
b. Options for fueling locations on site.
PROJECT SCOPE
1. Perform assessment of current facility and provide report.
2. Conduct visioning session with city staff.
3. Develop space program defining the project scope based on meetings with City Staff.
4. Evaluate site for existing constraints affecting the project design (zoning, utilities,
environmental conditions, vehicular and pedestrian traffic patterns and accessibility).
5. Develop conceptual floor/site plan options for review with City Staff.
6. Present conceptual floor/site plan options.
7. Modify options as needed based on feedback from City Staff.
8. Prepare (3) estimates of probable construction and project costs for (1) selected option at
each of (3) project scales, Immediate Needs (Small), Intermediate Option (Medium), and
Master Plan Option and present to City Staff.
9. Prepare final Feasibility Study document and deliver hard copy to City Staff.
10. Present Feasibility Study to City Council at a regular Council meeting.
PROJECT ASSUMPTIONS
1. The city will utilize the Feasibility Study document to pursue funding for the design and
construction of the future facility.
2. City to provide the following documents for Consultant's Use:
a. Geotechnical report (if available).
b. Environmental Site Assessments (if available).
c. Title Search & Easement Information (if available).
d. Existing and any renovation/ modification building/ site drawings, specifications,
submittal/shop drawings, TAB reports, O&M Manuals, and commissioning reports.
e. Written report (or copy of staff report) on existing construction or equipment problems
and on-going maintenance programs.
f. A written report (or copy of staff reports) on recent work completed on the facility.
Page 17
83
g. A copy of any reports from regulatory agencies listing deficiencies in the facility.
h. A "wish list" for features or changes desired in the facility (if available).
i. Cost estimates and/or proposals recently received for renovation or replacement work.
3. Consultants hired as part of KDA compensation are:
a. Civil Engineer: HLA Engineering & Land Surveying
b. Professional Land Surveyor: HLA Engineering & Land Surveying
c. Structural Engineer: Stantec Consulting Services
d. Mechanical Engineer: Stantec Consulting Services
e. Electrical Engineer: Stantec Consulting Services
f. Architectural Consultant: Stantec Consulting Services
g. Equipment Planning Consultant: Stantec Consulting Services
h. Cost Estimator: Thomas Consulting
PROJECT SCHEDULE
1. Reference Exhibit D.
PROJECT TASKS
Master Visioning
1. Meet with stakeholders and Leadership team to set the vision and goals for the facilities
and site. This is the time to dream about where you want to be in the next 20-40 years.
2. The goal of master visioning is to set how the planning will utilize the existing facilities
and space available on the Subaru site. This will also include evaluating what is best
suited for each site and how having two sites for transit will work to be as efficient as
possible.
3. At the conclusion of this phase, we will provide a narrative outlining the direction for the
Feasibility Study.
Programming
1. During this phase of the feasibility study, we will develop as-built drawings that give us an
accurate understanding of each space within each of the existing buildings. This will give us
an accounting of the space that is available. This effort is estimated at 104 hours.
2. Evaluate existing space use within your current facility as the basis for the proposed
program.
3. Perform two programming meetings with the stakeholders.
4. Develop space program, room layouts and data sheets.
5. Present program to the stakeholders.
6. Revise the program as required due to stakeholder comments.
7. Provide final space program and related data sheets.
Site Evaluation
1. Review Zoning Ordinances and other site constraints.
2. Review Utility location and potential for expansion if required.
3. Review site environmental conditions
4. Review vehicular and pedestrian traffic patterns and accessibility
5. Meet with the City of Yakima Planning Dept as required.
6. Create an overall site plan to include the above information.
7. T-he-fi -al-d ieu erg-fort a narrat
above items.
Facility Assessment
1. Facility walkthrough to assess the existing conditions and any areas of concern.
2. Building assessment: architectural, structural, mechanical, electrical
3. Code review
4. Present findings to stakeholders
Page 18
84
5. The final document for this phase will include a narrative and site plans illustrating the above
items.
Master Site Development Plan
1. Layout options for site growth.
2. Determine best options for site circulation.
3. Locate all departments/services outlined above.
4. Evaluate options based on Visioning set by stakeholders
5. Present site planning options to stakeholders.
6. Revise options as required from stakeholder meeting.
7. Present site planning options to stakeholders.
8. Provide narrative for selected option along with a site plan. Other options considered
will be documented in an appendix to the Feasibility Study manual.
a. Other options considered will be documented in an appendix to the Master Plan
document.
Conceptual Planning
1. Develop conceptual plan options based on the selected Master Site Development Plan.
2. Meet with the stakeholders to review conceptual plan options
3. Develop phasing for the selected conceptual option
4. Develop conceptual images for the selection conceptual option.
5. Present conceptual plans to stakeholders.
6. Revise conceptual plans as required from stakeholder meeting and finalize plans for the
immediate needs option, intermediate option and master plan.
7. Present conceptual plans for the three options noted above to the stakeholders.
8. Final presentation to stakeholders.
Cost Estimating
1. Develop cost estimate for the immediate needs, intermediate option, and master plan.
2. Develop Outline Specification.
3. Present cost estimate to stakeholders.
Documentation & Graphics
1. Document the Feasibility Study and issue to City of Yakima for approval.
2. This includes a fully bound document with each phase compiled into sections.
3. Present the Feasibility Study to the City Council.
Reimbursable Expenses
1) Reimbursable expenses are in addition to the Compensation of Services and Additional
Services and are invoiced at 1.10 times the expense. These expenses include actual
expenditures made by the Architect and the Architect's employees and consultants in the
interest of the Project for the expenses listed in the following:
a) Expense of transportation, lodging and meals in connection with the Project, and
conference calls.
b) Pre-approved artist renderings beyond normal conceptual design, models, mock-ups,
and presentation materials.
c) Expense of reproductions, postage and handling of Drawings, Specifications and other
documents.
d) Expense of renderings, models and mock-ups requested by the Owner.
e) Expense fees paid for securing approval of authorities having jurisdiction over the
project.
f) Expense of consultants not identified in Exhibit A, Project Assumptions, "Engineers hired
as part of KDA compensation".
Page 19
85
EXHIBIT B
Professional Fees
City of Yakima Transit Feasibility Study Services
Project Number 202422
Professional Fees _
Fee Category Fee Terms
Architectural - KDA Architecture 574,760 Hourly NTF
Master Visioning 24 Hours $2,492 Inc Above
Programming 172 Hours $30,616 Inc Above
Site Evaluation 34 Hours $6,052 Inc Above
Facility Assessment 22 Hours $3,916 Inc Above
Master Site Development Plan 44 Hours $7,832 Inc Above
Conceptual Planning 90 Hours $16,020 Inc Above
Cost Estimate 14 Hours $2,492 Inc Above
Documentation&Graphics 30 Hours $5,340 Inc Above
Architectural Consultant-Stantec 510,175 Per 5.1.3
Civil Engineering - HLA 527,500 Per 5.1.3
Land Surveying- HLA 515,950 Per 5.1.3
Structural Engineering- Stantec 522,470 Per 5.1.3
Mechanical Engineering- Stanter 521,450 Per 5.1,3
Electrical Enip�neering- Stantec 520,350 Per 5.1.3
Equipment Planning - Stantec 554,010 Per 5.1.3
Cost Estimator-Thomas Consulting $7,920 Per 5.1.3
Reinbursibles- 5.1.1. & 5_1.2 Items S14.850 Per 5.1.1 &.2
Total Fee $269,435
Page 20
86
EXHIBIT "C"
HOURLY BILLING RATE SCHEDULE
Effective September 2021
EMPLOYEE CLASSIFICATION BILLING RATE RANGE
Principals $220.00 to $265/hour
Associates $140.00 to $200.00/hour
Project Managers $110.00 to $170.00/hour
Architects $90.00 to $160.00/hour
Intern Architects $80.00 to $150.00/hour
Interior Designers $80.00 to $150.00/hour
Technical Staff $70.00 to $130.00/hour
Administrative Staff $70.00 to $130.00/hour
Note: Classification and rates are subject to semi-annual review.
Page 21
87
EXHIBIT "D"
Feasibility Study
EXHIBIT D
PROJECT SCHEDULE _
2025
Jan-25 February I March April May June July Augur
5 12 19 26 2 9 16 23 } 9 16,23 30 6 13 20 27 4 11 18 25 1 B 15 22 29 6 13 20 27 3 10 17
CONTRACT NEGOTIATION
Contract Signed • 2 18 25
MASTER VISIONING
Stakeholder Meeting-Vision/Goal Setting Gr [hwsday 2 27 25 amir
Document Vision and Goals -
PROGRAMMING
As-builts of Existing Buildings
Develop Space Program for Existing Spaces
Program Meeting with Stakeholders S F1aysBe8 2 27 25
Program Development -
Develop Room Data Sheets and Layouts
Program Meeting with Stakeholders • Thursday f 70 26
Revise Space Program �1
Issue Anal Program 7�
SITE EVALUATION
Site Survey
Review Zoning
Code Review
Review Site Environmental Conditions Vehicular and Pedestrian Access and Flow
Review Utility Locations and Expandability ~`
Create Site Plan Based on Survey
City of Yakima Planning Dept Meeting(if needed)
Document Findings
Present Findings to Stakeholders •1Ma16ay 3 27 25
FACII ITY ASSESSMENT
Facility WelklhrougIu Al Consultant Teem
Code Review
Final Documentation
Present Findings to Stakeholders •1hlu+day 3 27 25
MASTER SITE DEVELOPMENT PLANNING
Develop Options for Site Growth
Develop Options for Site Circulation
Locate all Departments/Services -- I1-
•
Evaluate Options Basted en Visioning -.
Present Site Plan Options to Stakeholders e Thursday 417 25
Revise Options as Required
Present Site Plan Options to Stakeholders ®Thursday 508 25
Document Selected Option
CONCEPTUAL PLANNING
Develop Conceptual Plan Options IIIIIIIIIIIIIIIIIIIII�
Stakeholder Meeting to Review Conceptual Plan Options *Thursday S 27.2S
Develop Phases bar Seleccted Option
Develop Concepulat Images for Seleccted Option
21mbelynSde.Mrehe5.5e RwnemtemsnpleatE9eeOplieNB •T4aeN.ems`
—
Refine Options into the Immediate Needs,rotormatellit Option,and Master Plan
Present Conceptual Plans to Stakeholders •ihuesday 619 25
Document Selected Plan Options and Images
COST ESTIMATE
Develop Outline Specification
Develop Estimate
Present Cost Estimate to Stakeholder •Thursday 7 11222
DOCUMENTATION&GRAPHICS MEM.
Prepare Final Document
Issue Feasbllity Study to City of Yakima *Tbllride11241i
Present the Feasbility Study to City Council •OM tap
•
Page 22
88