HomeMy WebLinkAboutR-2000-050 Professional Services Contract with KDF Architecture to Develop a Master Site Plan for Kissel ParkRESOLUTION NO. R-2000- 50
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an architectual services agreement with KDF Architecture to
develop a, site plan for development of Kissel Park.
WHEREAS, the City desires to develop Kissel Park located at 32nd Avenue and
Mead Avenue, Yakima, Washington; and
WHEREAS, the City requires professional architectural services to develop a site
plan for development of the Park; and
WHEREAS, the City does. not have the staffing levels or specialized expertise
necessary to provide said architectural services; and
WHEREAS, KDF Achitecture has the experience and expertise necessary to
provide said architectural services and is willing to provide such services in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with KDF Achitecture for professional architectural
services in accordance with the terms and conditions of the attached agreement; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated agreement with KDF Achitecture for professional
architectural services to develop a site plan for development of Kissel Park.
ADOPTED BY THE CITY COUNCIL this 2nd day of May , 2000.
ATTEST:
City Clerk
(lk)res/architect kissel park apr OO.pm
y Place, Mayor
1
MOM
Standard Form of Agreement Between
Owner and Architect for Special Services
AIA Document B727 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401
Recommended for use with current editions of standard AIA Agreement forms and documents.
Copyright 1972, 1979, 1988 by The American Institute of Architects, 1735 New York Avenue N W., Washington D C., 20006-5292. Reproduction of the material
herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the U.S. and will be subject to legal prosecution.
AGREEMENT
made as of the 31st day of March in the year of Nineteen Hundred and Two Thousand
BETWEEN the Owner:
(Name and address)
City of Yakima Parks and Recreation
2301 Fruitvale Boulevard
Yakima. Washington 98902
and the Architect:
(Name and address)
KDF Architecture
1310 North 16th Avenue
Yakima, Washington 98902
For the following Project:
(Include detailed description of Project, location, address and scope.)
Master Plan of Kissel Park located at 32nd and Mead Avenue, Yakima, Washington. See Exhibit "A" for project program.
Project No. 200012
The Owner and the Architect agree as set forth below.
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below
Electronic Format B727-1988
User Document: KISSELPARKB727.DOC -- 4/25/2000. AIA License Number 108329, which expires on 4/7/2001 -- Page #1
ARTICLE 1
ARCHITECT'S SERVICES
(Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and tneans of
compensation to be used, if applicable, as provided in Article 8.)
L SITE ANALYSIS: The evaluation of the existing site may include but is not limited to prevailing winds solar onentation,
traffic patterns, topography, geotechnical analysis. immediate surrounding.
II. DATA GATHERING: Gathenng appropriate information may include, but is not limited to site surveys aenal photographs.
computer files, easements, utilities, set backs, parking requirements, signage requirements, wetland requirements.
III. RESEARCH: With appropnate team members visit several sites noted for exceptional design.
IV. PROGRAM: Based on meetings with the owner, develop a list of program requirements.
V. CONCEPT ALTERNATIVES: Based on the approved space program, develop several planning options. These options will
include possible phasing.
VI. PRESENTATION MATERIAL: Based on the selected alternative develop a presentation quality drawing to be used m the
grant proposal.
VII. MEETINGS: Review concept alternatives with Citizen Review Committee, Parks Commission, Operations and Landscape
Architect.
VIII. CONSULTANTS: Based on the final plan, work with Landscape Architect to develop an estimate of Probable Construction
Cost.
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D C., 20006-5292., Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below
Electronic Format B727-1988
User Document: KISSELPARKB727.DOC -- 4/25/2000. AIA License Number 108329, which expires on 4/7/2001 -- Page #2
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 2
OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project. The Owner shall furnish
required information as expeditiously as necessary for the
orderly progress of the Work, and the Architect shall be
entitled to rely on the accuracy and completeness thereof.
2.2 The Owner shall designate a representative authonzed to
act on the Owner's behalf with respect to the Project. The
Owner or such authonzed representative shall render
decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay m the orderly and sequential progress of the Architect's
services.
ARTICLE 3
USE OF ARCHITECT'S DOCUMENTS
3.1 The documents prepared by the Architect for this Project
are mstruments of the Architect's service for use solely with
respect to this Project and, unless otherwise provided, the
Architect shall be deemed the author of these documents and
shall retain all common law, statutory and other reserved
rights, including the copynght. The Owner shall be permitted
to retain copies, including reproducible copies, of the
Architect's documents for the Owner's information, reference
and use m connection with the Project. The Architect's
documents shall not be used by the Owner or others on other
projects, for additions to this Project or for completion of this
Project by others, unless the Architect is adjudged to be in
default under this Agreement, except by agreement in writing
and with appropriate compensation to the Architect.
ARTICLE 4
ARBITRATION
4.1
parties -te -this Agreement ansmg -eat -ef -ef relating 4e this
Agrccment-ef breach thereof shall -be subject-te-and decided
by arbitration -iii accordance with the Construction Industry
Arbitration Rule:, -ef the American Arbitration Association
currently -rh effect unless the partici, mutually agree
otherwise.
4.2 A demand for arbitration shall 4)e -made-within -a-
reasonable -time after -the claim, dispute -ei: other -matter -iir-
questieh has arisen. 4 -he event -shall the -demand for
Leh be made aftcr the date whcn institution of legal or
equitable proceeding:, based-ert-such claim, dispute -et other
matter -h question would be barred by the applicable statutes
of limitations.
4.3 No arbitration ansmg out of -ef relating 4e -ties-
Agreement shall include, by consolidation, jomder-et-ttt-atm
other manner, an additional person or entity not a party to this
Agreement, except by wntten conscnt containing -a specific
reference-te-#tris Agreement signed -by -the Owner, Architect
and any other person -et entity sought-te-be joined. Consent
to arbitration mvolvmg -arr additional person -8f entity shall
net constitute conscnt-te arbitration -of any claim, dispute -et -
ether matter -ill question -net described -ea -the written conscnt
et -with -a person -et entity -het named -et described therein.
The foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly consented to
by the parties -te this Agreement shall -be specifically
enforceable -ie accordance with applicable law -ea any court
having jurisdiction thcrcof.
4.4 The award rendered by -the arbitrator -et arbitrators shall
be final, and judgment may -be entered -epee -it -ea accordance
with applicable law in any court having jurisdiction thcrcof.
ARTICLE 5
TERMINATION OR SUSPENSION
5.1 This Agreement may be terminated by either party upon
not less than seven days' written notice should the other party
fail substantially to perform m accordance with the terms of
this Agreement through no fault of the party initiating the
termination.
5.2 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
seven days' wntten notice to the Owner, suspend performance
of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services.
5.3 In the event of termination not the fault of the Architect,
the Architect shall be compensated for services performed
prior to termination, together with Reimbursable Expenses
then due and -all -Ter Cation Expenses -as defined ±±1 --
Paragraph 5.4.
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D C., 20006-5292., Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B727-1988
r Document: KISSELPARKB727.DOC -- 4/25/2000. AIA License Number 108329, which expires on 4/7/2001 -- Page #3
5.4 Termination Expenses shall be computed as a
e€-the compensation earned 4e -the -time -e€ to tion, -as-
foliows:
.1 Fef services provided -eft -the basis -e€ -a multiple -e€
Direct Personnel Expense, -24 percent -e€-the -tete'
Direct Personnel Expense uicurrcd -te the e -4
termination; and
.2 For services provided -eft the basis, of -a stipulated
sum, -14 percent -&f the stipulated sum-earned-te-the
time of termination.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
6.2 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statute of limitations shall
commence to run not later than the date payment is due the
Architect pursuant to Paragraph 8.4.
6.3 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement.
Neither Owner nor Architect shall assign this Agreement
without the wntten consent of the other.
6.4 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
wntten or oral. This Agreement may be amended only by
wntten instrument signed by both Owner and Architect.
6.5 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
6.6 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
ARTICLE 7
PAYMENTS TO THE ARCHITECT
7.1 DIRECT PERSONNEL EXPENSE
7.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions, and
similar contributions and benefits.
7.2 REIMBURSABLE EXPENSES
7.2.1 Reimbursable Expenses are in addition to the
Architect's compensation and include expenses incurred by
the Architect and Architect's employees and consultants m the
interest of the Project for:
.1 expense of transportation and living expenses in
connection with out-of-town travel authorized by the
Owner;
.2 long-distance communications;
.3 fees paid for securing approval of authorities havmg
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of documents;
.6 expense of overtime work requiring higher than
regular rates, if authorized by the Owner;
.7 rendenngs and models requested by the Owner;
.8 expense of additional coverage or limits, including
professional liability insurance, requested by the
Owner in excess of that normally carried by the
Architect and the Architect's consultants; and
.9 Expense of computer-aided design and drafting
equipment time when used in connection with the
Project.
7.3 PAYMENTS ON ACCOUNT OF THE
ARCHITECT'S SERVICES
7.3.1 Payments on account of the Architect's services and
for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered
or as otherwise provided in this Agreement.
7.3.2 An initial payment as set forth m Paragraph 8.1 is
the minimum payment under this Agreement.
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292., Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below
Electronic Format B727-1988
r Document: KISSELPARKB727.DOC -- 4/25/2000. AIA License Number 108329, which expires on 4/7/2001 -- Page #4
7.4 ARCHITECT'S ACCOUNTING RECORDS
7.4.1 Records of Reimbursable Expenses and expenses
pertaining to services performed on the basis of a multiple of
Direct Personnel Expense shall be available to the Owner or
the Owner's authorized representative at mutually convenient
times.
ARTICLE 8
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
8.1 AN INITIAL PAYMENT OF N/A Dollars ($ 0.00) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as
follows:
(Insert basis of compensation, including stipulated sums multiples or percentages, and identify the services to which particular methods of compensation apply, if
necessary )
Compensation will be on an hourly basis to an estimated maximum of Fifteen Thousand Three Hundred Dollars ($15.300.00). If it
appears we will exceed this number, the Owner will be notified in writing immediately. Before proceeding the Architect shall have a
written notice to proceed from the owner. See Exhibit "B" for hourly rate schedule.
8.3 FOR REIMBURSABLE EXPENSES, as described m Article 7, and any other items included m Article 9 as Reimbursable
Expenses, a multiple of one and one-tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and
consultants in the interest of the Project.
8.4 Payments -are due and payable upon receipt (_) days the date of tho Architect') invoice. Amounts unpaid ( ) days -
aft -r the inv ice -date shall bear interest -at the rat° entered : , • .. from time to
time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained
with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.)
8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be
equitably adjusted.
ARTICLE 9
OTHER CONDITIONS
This Agreement entered into as of the day and year first wntten above.
OWNER
(Signature)
Jr.
City Manager
(Printed name and title)
Contract No. 2000-38
Resolution No. R-2000-50
ITE ab,
(signature)
Rod Knipper
(Printed name and itle)
er, Architect AIA
AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below
Electronic Format B727-1988
User Document: KISSELPARKB727.DOC -- 4/25/2000. AIA License Number 108329, which expires on 4/7/2001 -- Page #5
KISSEL PARK
PROGRAM
AREA
QUANTITY
SIZE
REMARKS
Exhibit A
Sports and Playfields
Tennis Courts
Playground
Youth Softball
Youth Soccer
Picnic Area
Picmc Table
Charcoal Grills
12
2
2
1
10
5
36x78
50x50
225 fence line
180x300
3x5
NA
(60x120 to fence) Possibly arrange m modules of 4
Shelters
Picnic Shelter
2
25x25
Buildings
Public Restroom
1
25x25
Restroom and storage building could be combined
Storage Sheds
1
15x20
Roads, Paths, Parking
Public Parking
1
70 spaces
8 spaces per 1 developed acre of park
Walking Path
1
TBD
Landscaping
Trees
TBD
TBD
Shrubs
TBD
TBD
Grass
NA
TBD
Miscellaneous
Signage (directional & entry)
2
TBD
Parking Benches
10
2x10
Note: The above information is preliminary. Actual
program requirements will be determined at the
completion of the predesign phase.
ATTACHMENT "B"
PROJECT BILLING RATE SCHEDULE EFFECTIVE SEPTEMBER 1998
Employee Classification
Principal
Architect Manager
Architect III
Architect II
Architect I
Intern Architect
Interior Designer II
Interior Designer I
Technical Staff V
Technical Staff IV
Technical Staff III
Technical Staff II
Technical Staff I
Administrative Staff
Note: Classification and rates are subject to semi-annual review.
KDF Architecture
Rod Knipper AIA
David C. Franklund AIA
Billing Rate
$115.00/hour
$85.00/hour
$70.00/hour
$60.00/hour
$55.00/hour
$45 .00/hour
$60.00/hour
$45 .00/hour
$70.00/hour
$60.00/hour
$55.00/hour
$45 .00/hour
$3 0.00/hour
$40.00/hour
L:\CONTRACT\0998RATE.WPD
1310 North 16th Avenue
Yakima, Washington 98902-1394
(509) 575-5408 Fax (509) 453-0293
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: May 2, 2000
Resolution Authorizing Professional Services Contract with KDF
Architecture to Develop a Master Site Plan for Kissel Park
Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
The Parks and Recreation Division respectfully requests City Council approval of a Resolution
authorizing the City Manager to execute the attached Professional Services Contract with
KDF Architecture to develop a master site plan for development of Kissel Park.
A master site plan is a prerequisite to apply for grant funds with the Interagency Committee for
Outdoor Recreation (IAC). Funding for this design service will come from the Parks and
Recreation Capital account designated under Kissel Park Development.
Resolution X Ordinance Other (Specify) Architectural Contract
Contract X Mail to (name and address): Rod Knipper, 310 N. 16th Ave.,
Yakima WA 98902 (with a copy to Parks and Recreation) Phone: 453-3721
Funding Source: Parks cfr Recreation Caital
APPROVED FOR SUBMITTAL: /AeCt City Manager
STAFF RECOMMENDATION: Staff respectfully requests approval of the attached
Resolution authorizing the City Manager to execute the attached Professional Services
Contract.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Agenda Statement
Melynn Skovald