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HomeMy WebLinkAboutR-2025-047 Resolution authorizing an agreement with KDA Architecture Inc. for architectural design, space and needs planning servicesAGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND KDA ARCHITECTURE, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, ENT, crude and entered into on this` day of , 2026, 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 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 reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION 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 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 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 (61 St) 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 of CITY by reason hereof and shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The 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 7.5 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. 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 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 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 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. 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 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 all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. 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 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 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 Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 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 seventy-two (72) hours of mailing by certified mail to the place of business of either party 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 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 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 pager ° records to electronic format anctior destroying any records, ARCHITECT shall contact CIPrs Records Administrator - 76-603) 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 recordsThey 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 policies adopted by the City, as those laws, ordinances, 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 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 (ion -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 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. Printed Name: Title: City Manacter List of Exhibits attached to this contract Exhibit A — Scope of Work Exhibit B — Professional Fees Exhibit C — Hourly Billing Rate Schedule Exhibit D — Preliminary Project Schedule KDA ARCHITECTURE, INC. Printed Name: Ryan C. Pharmer Title: Principal Page 14 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA 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) Panted Na My commission expires: Page 15 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that appeared before me, and said person acknowledged that he/she was authorized to execute the of Ke for the uses and purposes mentioned in the instrument is the person who Iha -/she signed this instrument, on oath stated instrument, and acknowledged it as the to be the free and voluntary act of such party Printed Name My commission expires: Page 16 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 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. The final document for this phase will include a narrative and a site plan illustrating the 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 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 EXHIBIT B Professional Fees City of Yakima Transit Feasibility Study Professional Fees Services Project Number 202422 Fee Category Architectural - KDA Architecture Master visioning 24 Hours Fee Terms 574,760 Hourly NTE $2,492 Inc Above Programming Site Evaluation 172 Hours 34 Hours $30,616 $6,052 Inc Above Inc Above Facility Assessment 22 Hours $3,916 Inc Above Master Site Development Plan Conceptual Planning Cost Estimate Documentation & Graphics Architectural Consultant • Stantec Civil Engineering - HLA Land Surveying - HLA Structural Engineering - Stantec Mechanical Engineering - Stantec Electrical Engineering - Stantec Equipment Planning - Stantec Cost Estimator - Thomas Consulting Reinbursibles - 5.1.1, & 5_1_2 Items 4-4 Hours 90 Hours 14 Hours 30 Hours $7,832 $16,020 $2,492 $5,340 $10„175 $27,500 $15,950 .$22470 S21,450 $20 350 $54 010 $7,920 inc Above Inc Above Inc Above inc Above Per 5.1.3 Per 5.1.3 Per 5.1,3 Per 5.1,3 Per 5.1,3 A A Per 5.1.3 Per 5.1.3 Per 5_1.3 $14,850 Per 5_1_1 & .2 Total Fee 5269,435 Page 20 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 $130.00/hour Note: Classification and rates are subject to semi-annual review. Page 21 EXHIBIT "D" Feasibility Study P 2©JECi SCHEDULE }an-25 12 CONTRACT NEGOTIATION ContractSigned MASTER VISIONING Stakeholder Meeting - Vision/G_oal Setting Document Yawn and Goals PROGRAMMING A s ar rid t$ k rxd reir lber da n g &_ Develop Space Program for Existing Spaces Program Meeting with Stakeholders Program Development Develop Roan Date Sheets and Layouts Program Meeting with Stakeholders Revise Space Program_ Issue Final Program SITE EVALUATION Site Survey Review Zoning Code Review Review Site Environmental Conditions Vehicular and Pedestrian Access and Flow Review Utility Locations AVM 4404,149.4itg Grtatr'vxt 4LYn Etax2td of Saalwtg City of Yakima Planning Dept Meeting (if needed) Document Findings FACILr'Y ASSESSMENT Facility Walkthrough w/ consultant Team Code Review Final Documentation Present Findings to Stakeholders MASTER VIE DEVELOPMENT PLANNING Develop Options for Site Growth Develop Options for Site Circulation Locate all Departments/Services Evaluate Option/ batted on Visioning_ Present Site Plan Options to Stakeholders Revise Options as Required Present Site Plan Options to Stakeholders Document Selected Option CONCEPNAL PLANNING _ OWWW3178011teptuar PlarlOptions Stakeholder Meeting to Review Conceptual Nan tystraa+u q$,., 03MMTsang for SelecctedOption Develop Conceputal Images for Seleccted Option Stakeholder Meeting to Review Conceptual Nan Options Refine Options into the Immediate Needs, ttatrlitot*att *ptaPn.ia+at fawasttr Present Conceptual Plans to Stakeholders Document Selected Plan Options and Images 19 26 COST ESTIMATE Develop Outline Specification Develop Estimate Present Cast Estimate to Stakeholder DOCUMENTATION & GRAPHICS Prepare Final Document Issue Feasbility study to City of Yakima Present the Feasbility Study to City Council EXHIBIT D 2025 0e0nary March April May 16 23 I 2 131 20 27 1 1118 27 25 1725 Thursday 3 i.`}I:T 45 14' 1925 }U!y r Augur 13 20 III 27 3 10 17 Thursday " <t38 7 24 25 Date T0D Page 22 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 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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