HomeMy WebLinkAboutR-2019-044 Yakima Convention Center North Expansion; Agreement with ALSC ArchitectsRESOLUTION NO. R-2019-044
A RESOLUTION authorizing award of Request for Qualifications (RFQ) 11903Q and
authorizing an agreement with ALSC Architects, to develop a design for
Yakima Convention Center north expansion
WHEREAS, the City published notice on December 31, 2018 and January 1, 2019 in the
Yakima Herald Republic, December 31, 2018 in the Daily Journal of Commerce, and on the
City's webpage that RFQ No 11903Q was available for competition, and
WHEREAS, Submittals were due Friday, February 1, 2019 at 11 00 a m , at which time
Respondents names were publicly read in City Hall Council Chambers, Yakima, Washington,
and
WHEREAS, the following submittals were received
ALSC Architects, Spokane, WA KDA Architecture, Inc , Yakima, WA
Hoist + Convergence Design, Portland OR Loofburrow Wetch Architects, Yakima, WA
WHEREAS, an Evaluation Committee was formed by Purchasing per established
Procedure, and then met on February 11, 2019 to analyze and score the four submittals using
weighted criteria as specified in the RFQ Presentations by the top two scoring firms took place
on February 22, 2019. The Evaluation Committee finalized scoring on February 22, 2019, and
WHEREAS, the final combined scores for the short-listed firms are as follows (500
points possible)
ALSC Architects, 470 points, KDA Architecture, Inc , 440 points, and
WHEREAS, ALSC received the highest overall score from the Evaluation Committee for
Yakima Convention Center North Expansion and the Evaluation Committee recommends Award
be issued to ALSC and that a contract be issued to ALSC, and
WHEREAS, the Scope of Work meets the needs and requirements of the City of Yakima
for this procurement and falls within the 12 5 million dollar Yakima Convention Center North
Expansion's total Expenditure Budget approved by Council, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Request for Qualifications is hereby awarded and the City Manager is hereby
authorized to execute the attached and incorporated Professional Services Agreement with
ALSC Architects in the amount not to exceed One Million Two Hundred Six Thousand Three
Hundred Seventy Five Dollars ($1,206,375.00), with provision for approved budgeted
contingencies in accordance with the Agreement, together with any additional approved
services billed at rates identified in the Agreement.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2019
ATTEST
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
ALSC ARCHITECTS
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this `-7 day of April, 2019, 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 ALSC Architects with its principal office at 203
N Washington, Suite 400, Spokane, WA 99201, hereinafter referred to as "ARCHITECT", said corporation
is licensed and registered to do business in the State of Washington, and will provide design services under
this Agreement for Yakima Center North Expansion on behalf of the City of Yakima, Project No 11903Q,
herein referred to as the "PROJECT "
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ARCHITECT to provide Architecture 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,
Rustin Hall 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 Proposal" (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
Page 1
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 "
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 formal price and/or
completion time adjustment pursuant to this Agreement shall be made and this Agreement
shall be modified in writing accordingly
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ARCHITECT according to the Additional Services Compensation 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 CITY'S RESPONSIBILITIES
3 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
3 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
3 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 for its
profession
3 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
3 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 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 there from
Page 2
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4 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 5 COMPENSATION
5 1 COMPENSATION For the services described in Exhibit A, compensation shall be according to
Exhibit B, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses.
51 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 ARCHITECTS 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
5 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
5 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
513 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
included in Exhibit B
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed One Million, two hundred and six thousand, three hundred and seventy-five Dollars
Page 3
($1,206,375 00) (plus any CITY approved contingency funds) The ARCHITECT will make
reasonable efforts to complete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget or WORK effort can be adjusted if found necessary
The 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
5 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 period,
copies of Subconsultant invoices, and any other supporting materials determined by the CITY
necessary to substantiate the costs incurred CITY will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the WORK done and amount billed CITY will
notify the 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 required
5 4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1 0% per month or
the maximum interest rate permitted by law, whichever is less, provided, however, that no interest
shall accrue pursuant to Chapter 39 76 RCW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ARCHITECT pursuant to the terms of RCW
39 76 020(4)
5 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 written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ARCHITECT 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
5 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 6 RESPONSIBILITY OF ARCHITECT
61 The ARCHITECT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, 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
Page 4
ARCHITECT shall perform its WORK according to generally accepted civil design standards of
care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance
with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the 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.
6 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 will 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 employees, agents, and
representatives, including Subconsultants and Subcontractors, and shall save and hold CITY
harmless therefrom
6 4 INDEMNIFICATION
(a) ARCHITECT agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorney's fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the ARCHITECT's
performance under this Agreement. In the event that any lien is placed upon the
CITY's property or any of the CITY's officers, employees or agents as a result of the
negligence or willful misconduct of the ARCHITECT, the ARCHITECT shall at once
cause the same to be dissolved and discharged by giving bond or otherwise
(b) CITY agrees to indemnify and hold the ARCHITECT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss,
cost, or expense resulting from injuries to persons or damages to property, caused
solely by the negligence or willful misconduct of the CITY, its employees, or agents in
connection with the PROJECT
(c) If the negligence or willful misconduct of both the ARCHITECT and the CITY (or a
person identified above for whom each is liable) is a cause of such third party claim,
the loss, cost, or expense shall be shared between the ARCHITECT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion
(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
Page 5
6 5 In any and all claims by an employee of the ARCHITECT, 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 Workmans' 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
6 6 It is understood that any resident architecture design 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 compliance by contractors with
laws and regulations CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ARCHITECT'S
officers, principals, employees, agents, and representatives, as additional insureds on contractor's
insurance policies covering PROJECT, exclusive of insurance for ARCHITECT professional
liability
6 7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution These conditions and cost/execution effects are not the responsibility of the
ARCHITECT, to the extent that ARCHITECT has exercised the applicable and appropriate
standard of professional care and judgment in such investigations
SECTION 7 PROJECT SCHEDULE AND BUDGET
7 1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
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
7.2 Not later than the tenth (10) 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 request of the
CITY for presentation to other governmental agencies and/or to the public.
Page 6
SECTION 8 REUSE OF DOCUMENTS
8 1 All internal WORK products of the ARCHITECT are instruments or service 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 were caused by the ARCHITECT's own negligent acts or omissions
8.2 The ARCHITECT agrees that ownership of any 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 vested in the CITY
8 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 9 AUDIT AND ACCESS TO RECORDS
9 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.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency
9 3 The 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 written
comments, if any, of the ARCHITECT
9 4 The ARCHITECT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9 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
Page 7
SECTION 10 INSURANCE
10 1 At all times during performance of the Services, 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 that stated below, as
applicable The CITY reserves the rights to require higher limits should it deem it necessary in the
best interest of the public 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 shall be named as an additional insured for such higher limits
10 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 Two Million Dollars ($2,000,000 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 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
10 1 2 Commercial Automobile Liability Insurance.
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 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
10 1 3 Statutory workers' compensation and employer's liability insurance as required by state
law
Page 8
10 1 4 Professional Liability Coverage. Before this Agreement 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 Two
Million Dollars ($2,000,000 00) aggregate The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar -days prior written notice The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and 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.
SECTION 11 SUBCONTRACTS
11 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.
11 2 Any Subconsultants or Subcontractors 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 or Subcontractor 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 performance, acts, and omissions of all persons and firms
performing subcontract WORK.
11 3 CITY does not anticipate ARCHITECT subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
11 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
SECTION 12 ASSIGNMENT
12 1 This Agreement is binding on the heirs, successors and assigns of the parties hereto This
Agreement may not be assigned by CITY or ARCHITECT without prior written consent of the other,
which consent will not be unreasonably withheld It is expressly intended and agreed that no third
party beneficiaries are created by this Agreement, and that the rights and remedies provided herein
shall inure only to the benefit of the parties to this Agreement.
Page 9
SECTION 13 INTEGRATION
13 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 14 JURISDICTION AND VENUE
14 1 This Agreement shall be administered and interpreted under the laws of the State of Washington
Jurisdiction of litigation arising from this Agreement shall be in Washington State If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15 1 During the performance of this Agreement, 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, and any
other classification protected under federal, state, or local law 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
regulations
SECTION 16 SUSPENSION OF WORK
16 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 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 17
SECTION 17 TERMINATION OF WORK
17 1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party
However, no such termination may be effected unless the other party is given (1) not less than
fifteen (15) calendar -days written notice delivered by certified mail, return receipt requested, of
intent to terminate, and (2) an opportunity for consultation and for cure with the terminating party
before termination Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
Page 10
17 2 In addition to termination under subsection 17 1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the 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 termination
17.3 If CITY terminates for default on the part of the ARCHITECT, an adjustment in the Agreement 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
Agreement 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 Agreement retainage or other
withheld payments
17 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.
17 5 Upon receipt of a termination notice under subsections 17 1 or 17.2 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
17 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
17 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 17 4 of this Section
17 8 If, because of death, unavailability or any other occurrence, it be —an—e- `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 17 3 of this Section
Page 11
SECTION 18 DISPUTE RESOLUTION
18 1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the Agreement, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute If either of the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington If both parties consent in writing, other available means
of dispute resolution may be implemented
SECTION 19 NOTICE
19 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
CITY
City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn Maria Mayhue, Senior Buyer
ARCHITECT ALSC Architects
203 N Washington, Suite 400
Spokane, WA 99201
Attn Rustin Hall, Principal
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
Cliff More C/%� j �
Printed Named i1 (,y�
► I09r"e__-
Title City Manager
Date
Attest
City Clerk
CITY CONTRACT NO: � f,
RESOLUTION NO: (? 2r)! �l ' C
ALSC ARCHITECTS
Signature
Printed Name: .
Title
. 7/ 2 c7/9'
Page 12
ALSCHs
t.ORAME
203 N. +Noshingbn
Ste. 400
Spokane. WA
99201
. 509.838.8568
COWL o'MANI
6500 Mineral Dr.
Slo. 101
Coour d'Alene. ID
83815
. 208.676.8292
Ot$corchllocts cam
PART OF ATTACHMENT I
EXHIBIT A
SCOPE OF WORK PROPOSAL
We bring our clients stories to lice.
March 27, 2019
Ms. Maria Mayhew, Senior Buyer
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Re: Yakima Convention Center North Expansion Design — RFQ No. 11903Q
Proposal Letter for Architectural and Engineering Services
Dear Maria:
ALSC Architects P.S. and our team of consultants are pleased to provide you with this
Proposal for Architectural and Engineering Services for the development of your Yakima
Convention Center North Expansion project. It is our expectation, pending your approval, to
have this letter serve as an attachment to your chosen Form of Agreement, along with
proposals from our consulting firms, plus other pertinent information sufficient to secure the
Agreement.
Our Proposal follows the current "Guidelines for Determining Architect/Engineer Fees for
Public Works Building Projects' issued by the Washington State Office of Financial
Management (OFM). The attached Fee Calculation Summary identifies the project MACC,
fee percentage, per -phase breakdown, basic service fees, additional service fees and
reimbursable expenses as defined by OFM. I've also attached a spreadsheet used to
calculate the MACC based on your Feasibility Study from your RFQ. Subsequent
attachments are proposal letters from each of our proposed consulting fines describing their
specific scopes of work and fees. The attachments are summarized as follows:
• ALSC Architects — Overall Fee Calculation Summary
• ALSC Architects — MACC Calculation Worksheet
• ALSC Architects — 2019 Billing Rates
• AHBL, Inc. — Civil Engineering, Landscape Design
• DCI Engineers — Structural Engineering
• MW Engineers — Mechanical Engineering, Electrical Engineering, Plumbing, Fire
Protection
• Stantec Consulting — Acoustical Engineering, IT/AV Design
Project Scope
ALSC Architects and our consultant team are basing our Fee Proposal on the project scope
defined in RFQ 11903Q and attachments provided by the City of Yakima. That document is
.oIMc,.ts: 0ustln L. Hall. AIA DOVId L. Huorori. AMA Ken J. Murphy, AIA. LEED AP Steven E Walther. AIA Jeffrey J. Warner. AIA, LEED AP Indy S. DehoLAlA
Page 13
made a part of the Proposal letter by reference. The following is a summary of the scope of
the project:
• Meet with City of Yakima representatives to review the Feasibility Study, tour the
building and site, and finalize a programming document suitable for use as the Basis
of Design for the remodel/expansion.
• Develop an electronic document depicting the existing site and building in plan,
elevation and section sufficient to produce construction and bidding documents.
• Produce design and construction/bidding documents for an approximately 8,000 s.f.
remodel and 18,250 s.f. expansion to the north end of the existing Convention
Center The MACC for the project is $9.3 million, and the total project cost is $12.5
million.
• Site acquisition and parking lot renovation work is NOT included in this scope of
work. The planned kitchen expansion does not involve any food preparation
equipment; rather, it includes added storage and counter top capacity
• Deliver applicable documents, basic services and additional services as described in
the current "Guidelines for Determining Architect/Engineer Fees for Public Works
Building Projects" issued by the Office of Financial Management (OFM) as noted in
the attachments to this Proposal.
• Site improvements including relocation of infrastructure and landscaping and other
improvements to disrupted areas immediately around the perimeter of the
construction area.
• Additional scope of work will be added to the project on an hourly/time and materials
basis utilizing current billing rates.
Project Approach
ALSC and our team of consultants will meet with key project stakeholders selected by the
City of Yakima in a 2-day tour/meeting session and finalize the programming information
contained within the aforementioned Feasibility Study Once completed, the team will begin
the Schematic Design phase as defined by OFM. We will meet with Yakima representatives
at approximately 2-week intervals, review design options, refine those options, and produce a
report and drawings illustrating the design solution and a balance between project scope,
quality and budget. Yakima representatives will be integral to the development of the design
and the validation of our proposed final design and systems narratives.
With approval of Schematic Design, the team will begin the Design Development phase as
defined by OFM. We will meet with Yakima representatives at approximately 3-week
intervals, review design refinements, cost estimates, material selections and system
definitions. We will produce a report and drawings illustrating the refined design solution,
comparisons of program areas to SD phase areas and DD phase areas. We will produce
2019-014 - Yakima Convention Center Expansion Fee Proposal - 2019-03-15 2
Page 14
outline specifications defining quality levels and provide updated cost estimates illustrating
balance of project scope, quality and budget.
With approval of Design Development, the team will produce construction documents in the
form of drawings and specifications suitable to obtain a building permit, bid and construct the
project. We will submit progress drawings at 50%, 75% and 95% complete stages for Yakima
representatives to review and comment in a "page turn" format We will produce a final cost
estimate to ensure compliance with the available budget and create altemate bid items as
needed. We will submit documents for plan review with the appropriate AHJ and obtain a
building permit
Bidding will occur following construction document phase and permitting, with the
negotiations with the apparent low bidder completed prior to November 5, 2019. Construction
phase would then commence immediately and be substantially complete by the end of
October, 2020. Closeout phase services will follow OFM guidelines.
Altemative Project Approach for Initial Services
Given the relatively tight timeline of the overall project and expected turn -around times for the
final Contract and Notice -to -Proceed, ALSC would like to propose an alternative approach to
initial services. Between a date of mutual agreement and the Notice -to -Proceed date, ALSC
and our consultant team would work under a separate Agreement (City Manager Approval
only) to a maximum of $100,000 to complete the programming work and complete the
Schematic Design Phase to approximately 50%. This fee amount would be deducted from
the Prime Agreement, resulting in no change to the overall project fee.
Description of Services
Detailed descriptions of specific tasks proposed by each firm are located in the attachments
noted above. Per OFM guidelines, services are broken into three categories: Basic Services,
Additional Services, and Reimbursable Expenses. These categories are summarized in the
attached Overall Fee Calculation Summary as well as in the attached proposal letters.
Fee Schedule
The attachments support the following:
Basic NE Fees:
Additional Services:
Reimbursable Fees:
Total Fees:
$1,034,160.00
$ 143,715.00
$ 28,500.00
$1,206,375.00
2019-014 —Yakima Convention Center Expansion Fee Proposal — 2019-03-15 3
Page 15
On behalf of our entire consultant team, ALSC would like to thank you for the opportunity to
work on this important project for the City of Yakima. Please contact us immediately if you
have any questions or require additional information in order to gain approval of this Fee
Proposal and prepare the Contract.
Respectfully,
Rustin L. Hall, AIA
Principal
RLH/cdl 2019-014
Attachment
2019-014 - Yakima Convention Center Expansion Fee Proposal - 2019-03-15 4
Page 16
PART OF ATTACHMENT
EXHIBIT B
Professional Services Fees and Compensation
Fee Calculation Summary
Yakima Convention Center Renovation
Fee Calculation Summary
3/27/2019
Notes
ALSC Architects, P.S.
MACC
State Fee Schedule B Fee Percentage/Basic Services:
Fee Increase for Remodeling/Renovation:
SD
DD
CD's
Bidding
Const Admin
Closeout
Proposed Basic Service Fee
Basic Service Fee Allocation:
Architectural - ALSC
AHBL - Basic CM Engineering
DCI - Structural
MW - Mechanical, Electrical, Plumbing
Total Basic Services
Total Basic Services
Additional Services:
Pre -Design Programming Validation, Floor Plan Verification: ALL
Hazardous Materials Investigation, Documentation
Demolition Construction Documents, Coordination: ALSC
Creation of electronic existing budding plans, elevations, sections: ALSC
Landscape Consultant- AHBL
WSEC Plan Review Services
Acoustical Engineering, IT / AV - Smntec
Renderings, Presentations and Models: ALSC
Special Graphic and Signage Design - ALSC
Prepare Conformed set of Record Drawings based on GC redlines: ALL
Total Additional Services
1016 MU on Consultant Added Services
Sub -Total: Basic . Additional
Reimbursable Expenses
Travel.Per Diem Atlowance - BM at actual x 1.1
Printing/Expedited Delivery
Total Reimbursables
S 9,300,000.00 See attached calculation based on 2018 KDA Feaslblfdy Study
0.0812 S 755,160.00
0.03 S 279,000.00
S 1,034,160.00
0.18 E 186,148.80
0.2 S 206,832.00
0.31 S 320,589.60
0.02 S 20,683.20
0.27 S 279,223.20
0.02 $ 20,683.20
S 1,034,160.00
S 721,773.00
E 17,400.00
E 116,250.00
E 178,737.00
$ 1,034,160.00
$ 18,000.00
E
$ 2,000.00
E 7,500.00
E 4,000.00
E 1,700.00
E 62,950.00
E 15,000.00
E 8,000.00
E 16,000.00
S 135,150.00
f 8.565.00 Consultant tees only, no mark-up an ALSC Fees
Scope aligns with average design difficulty per OFM guidelines
Percentages per OFM Guidelines
Percentages per OFM Guidelines
On -site Meetings twice monthly on average.
See Attached Proposal Letters
f 1,177,875.00
Per OFM guidefines; See attached Proposal Letters
Not Included
City to provide historical electronic drawing files
Allowance for Energy Code Review by Energy Control Inc.
$ 25,000.00
S 3,500.00 Bid Set Printing to be idled directly to City, not included here
$ 28,500.00
'PROPOSAL TOTAL: S 1,206,375.00
Page 17
ALSC.:
GX
SOWnr,•A'a
OC:3I
•SNSail 6568
pI.00'C'U'^C`r CO^,
PART OF ATTACHMENT I
EXHIBIT B
Professional Services Fees and Compensation
Additional Services Compensation
1N0 Onnp OUr cbon:S .rs 70 Pfd
2019 HOURLY RATES
CATEGORY RATE
PRINCIPAL S220.00
SENIOR PROJECT MANAGER S 150.00
PROJECT MANAGER S 135.00
PROJECT ARCHITECT 11 S 125.00
ARCHITECTURAL DESIGNER II S 125.00
PROJECT ARCHITECT I Si 15.00
INTERIOR DESIGNER S105.00
INTERN ARCHITECT/DRAFTSMAN S90 00
CLERICAL S70 00
sa s< nar. Gus,- l -171 Ar:. nr 1',.n;ry AIA lii{r Al` S'n.n^ .Snr`r.r.• A A Nnr^nr A{A ti II) A:' .^<). S IM^n A/A
Page 18
PART OF ATTACHMENT I
EXHIBIT B
Professional Services Fees and Compensation
Subconsultant Fee Summaries
March 22, 2019
REVISED
Mr Rustin Hall
ALSC Architects
203 North Washington Street, Suite 400
Spokane, WA 99201-0234
Project: Yakima Convention Center North Expansion, AHBL No. 2190187 10/ 40
Subject: Revised Proposal for Civil Engineering and Landscape Architecture Services
Dear Rustin:
Thank you for the opportunity to submit this revised proposal for civil engineering and
landscape architecture services for the Yakima Convention Center North Expansion. Our
understanding of the project is based on the RFP provided by the City of Yakima, along with
conversations with and documents provided by you and Convention Center staff.
The proposed expansion will include approximately 18,250 square feet of new space. This will
include revising the current site parking, sidewalks, and landscaping. Additionally, a large
sewer and water main exist onsite that will need to be relocated for the building expansion.
Our scope of services is listed below, based on the following project assumptions:
• The East A Street revisions and the expansion into the existing parcels on
71h Street, as identified in the Feasibility Study Manual by KDF Architecture, are
not included in this proposal per Convention Center staff direction. Design for
these areas will be included in a separate proposal, if requested by staff.
• Topographic survey suitable for design purposes will be provided in CAD format
by owner, with a TIN surface and survey points.
• Subsurface soils are suitable for infiltration. Pavement and drainage
recommendations will be provided by a geotechnical engineer
• The architect will provide the site plan and hardscape design through Schematic
Design.
• Milestone submittals will be made at Schematic Design (SD), Design
Development (DD), and 50% and 100% Construction Documents (CD).
Value engineering and constructability reviews will not be required.
We anticipate minimal planting areas and assume hardscape will be similar to the
existing sidewalk along the east end of the building. We do not anticipate space
for major plaza spaces or that custom site fumishing design will be required.
CM/ Enpmeers
Smuturar Emmers
Landscape emeritus
Conura,ney Rumen,
Lena Smroa)sm
Nepetwrs
SPOKANE
1122West rouhems
Sucre 220
Spokane, WA 99201-3901
509.2523019 TEL
www.ohW.cwn
Page 19
Mr Rustin Hall
March 22, 2019
2190187 10/ 40
Page 2 of 5
Civil Engineering — 2190187.10
Civil Engineering Design — Task 11
1 Prepare a base map for engineering drawings using topographic surveys by others and
record drawings.
2. Prepare plans and calculations for a temporary erosion and sedimentation control
(TESC) plan. We will also prepare an erosivity waiver, as required by the Department of
Ecology
3. Prepare an onsite surfacing plan including site access and pavement markings.
4 Prepare plans for horizontal layout of the building and civil site features.
5. Prepare plans and calculations for a site grading plan. This scope of work will include
earthwork calculations for permitting purposes, which will be billed as part of our fee.
6. Prepare plans and calculations for a storm drainage plan. This scope of work includes a
design to meet City of Yakima standards. This plan will address onsite stormwater
runoff collection, retention/detention, and onsite bio-infiltration.
7 Prepare a preliminary drainage report for initial submittal and a final drainage report.
8 Coordinate dry utility extensions to the site and provide site demolition, repair, and
trenching plan.
9. Provide engineer's cost estimates for civil improvements.
10 Prepare three-part CSI format specifications for civil site work.
11 Coordinate with you, the design consultants, and the owner during design, and attend
design meetings.
12. Coordinate with the governing agency during design, and revise the plans as required by
agency review This task includes meetings with you to review agency comments. We
have allowed for the standard agency redline comments in our fee proposal. However, if
the agency requests changes that contradict their design standards or any information
they furnished at a pre -design conference, this may result in a change of scope.
Sewer and Water Relocation — Task 12
13. Prepare plans and profile drawings for approximately 300 linear feet of onsite gravity
sanitary sewer main relocation.
14 Prepare plans and profile drawings for approximately 350 linear feet of onsite water main
relocation.
Bidding/Construction Phase — Task 13
15 Provide assistance during the bidding phase, including attending the pre -bid conference
and preparing any necessary addenda.
Page 20
Mr. Rustin Hall
March 22, 2019
2190187 10/40
Page 3 of 5
16. Assist the owner/client during construction to ensure the intent of the design is being
met. This will include one site visit, attendance at meetings in Spokane, responding to
contractor questions as they relate to the design, and final punchlist inspection. This
scope of work allows 10 hours.
17 Review the contractor's as -built drawings and prepare agency -required record drawings
at the end of construction, together with a Letter of Completion, if required by the lead
agency We anticipate 6 hours will be required to review the contractor's record
drawings and prepare electronic AutoCAD record drawing files.
Landscape Architecture — 2190187.40
This scope will include limited schematic work, and the production of design development and
construction documents related to:
• Planting
• Performance Irrigation (bidder designed based on specifications)
Landscape Design — Task 41
1 Perform a site visit and reconnaissance to photograph and review miscellaneous site
elements and surrounding conditions.
2. Meet with design team for project development and coordination. This scope of work
allows for meeting time and coordination in Spokane during all phases of the project.
3. Research municipal code requirements for project development.
4 Prepare DD and CD drawings including planting and performance irrigation construction
documents at 1"=20' and associated details that conform to City of Yakima zoning code
requirements, based on the architectural site plan prepared by ALSC and AHBL.
5. Prepare three-part CSI format technical specifications for landscape and irrigation
related work for project implementation during the DD and CD phases.
6. The following deliverables will be produced at the end of the CD phase:
Planting Plan
Specifications
Landscape related Construction Details
7 Revise the plans based on agency review comments. If an agency requests changes
that contradict their design standards or information they provided previously, this may
result in a change of scope and fee. This task includes a meeting with you in Spokane
to review agency comments, if required.
Bidding/Construction Phase — Task 42
8. Assist the owner by answering landscape related questions during the bidding phase
and prepare addenda as necessary
Page 21
Mr Rustin Hall
March 22, 2019
2190187 10/ 40
Page 4 of 5
9 Respond to contractor initiated questions during construction as they relate to the
design.
10 Review contractor -furnished product submittals for conformance with the design plans.
Reimbursable Expenses — Task 90
Reimbursable expenses such as out-of-town mileage and reprographics for external submittal.
This scope of work will be billed on a time and expense basis.
Billing Summary
Item Description Task No. Amount
Civil Engineering - 2190187.10
Items 1-12 Civil Engineering Design T-11 $9,600
Items 13-14 Sewer and Water Relocation T-12 4,200
Items 15-17 Bidding/Construction Phase T-13 3,600
Subtotal $17,400
Landscape Architecture - 2190187.40
Items 1-7 Landscape Design T-41 $4,000
Items 8-10 Bidding/Construction Phase T-42 800
Subtotal $4,800
Reimbursable Expenses (T&E estimate) T-90 $750
GRAND TOTAL $22,950
You may not want us to provide some of the services listed. We can discuss these services
and the number of hours with you, and make adjustments as necessary
Some of the tasks listed are influenced by factors outside of our control. Based on our
experience, we have estimated the number of hours required to complete these tasks. During
the course of the project, if it is determined that more hours are required to complete any of
these tasks due to circumstances outside of our control, we will notify you immediately We will
not perform additional work until we have your written authorization. The task numbers on the
invoice will correlate with this proposal.
Exclusions
This proposal does not include fees associated with agency reviews, submittals, or
permits, nor does it include any work associated with the following services:
a) Professional services of subconsultants, e.g., geotechnical and traffic engineers,
or wetlands, wildlife, and other specialists, if required by the review agency
b) Landscape lighting and site lighting.
Page 22
Mr. Rustin Hall
March 22. 2019
2190187 10/40
Page 5 of 5
c) Preparation, submittal, or securing of permits.
d) Preparation, submittal, or securing of extensions or renewals for expiring or
expired applications or permits. Monitoring of applications or permit expiration
dates is the responsibility of others.
e) Expanded environmental checklist or environmental impact statement.
f) Offsite improvements, other than those mentioned above.
g) Costs associated with substantial redesign after preparation of design
development drawings.
h) Preparation of maintenance manuals, reports, or certification testing of installed
improvements.
i) Except as specifically noted in the scope of work, preparation of record drawings
at the end of construction, together with a Letter of Completion, if required by the
lead agency
j) Dividing the design work into more than one phase of work.
Although we do assist the owner during the construction process, this proposal is for design
services only and in no way implies we are construction managers.
If you find this proposal acceptable, please sign and return a copy of the enclosed contract to
our office. We will retum a copy of this contract to you after we have signed it. Our receipt of
the signed contract will be our notification to proceed.
If you have any questions, please call me at (509) 252-5019.
Sincerely,
Erick Fitzpatrick, PE
Associate Principal
EMF/KCC/CDA/Isk
Enclosure
c: Craig Andersen - AHBL
Accounting
Q:12019121901871Proposals_Contradsfinals120190322 Pro (REV) 2190187 10.40.tlocx
Page 23
ANSI, INC.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement "this Agreement" is made this 22nd day of March, 2019. between ALSC Architects. the "Client," and AHBL, Inc. of
Tacoma. Washington, the "Consultant," for Yakima Convention Center North Expansion. (the "Project"). AHBL Rio No. 219018710/.40.
The Client and Consultant agree as follows:
1. SERVICES. The Consultant will perform for the Client the services outlined in the Consultant's proposal letter dated March 22, 2019, which is
incorporated into this Agreement. Said services will commence upon receipt of a signed copy of this Agreement.
This Agreement is between the parties hereto only and is not intended to benefit any third party nor to create any rights in any person or entity
other than the parties hereto.
2. COMPENSATION FOR SERVICES. The Client shall pay to the Consultant, as compensation for the services, the amounts as identified in the
proposal letter referred to in Paragraph 1. For projects that include time and expenses charges. a schedule of charges can be provided upon
request.
3. REIMBURSABLE EXPENSES.
3.1 Reimbursable Expenses, surcharged by 15 percent, are in addition to compensation for Services and include expenses incurred by the
Consultant and Consultant's employees and subconsuttants in the interest of the Project, as identified in the following clauses.
3.1.1 Expense of transportation in connedion with the Project, expenses in connection with authorized out-of-town travel, long-distance
communications, and fees paid for securing approvals of authorities having jurisdiction over the Project.
3.1.2 If authorized in advance by the Client expenses of overtime work requiring higher than regular rates.
3.1.3 Expense of renderings, models, and mode -ups requested by the Client.
3.1.4 Reprographics. copy expenses, and other expenses connected with the project.
4. BILLING AND PAYMENT
4.1 Initial Payment. The Client shall make an initial payment of zero and no hundredths dollars (50.00) upon execution of this Agreement. This
payment shall be applied against the final invoice. Invoices shall be submitted by the Consultant monthly, and are due upon presentation and
shall be considered PAST DUE If not paid within thirty (30) calendar days after the invoice date, regardless of whether the Client has secured
project finandng or the Client has received payment from its client as the case may be.
4.2 Interest. If payment is not received by the Consultant within sixty (60) calendar days of the date of the invoice, the Client shall pay an
additional charge of one -and -one-half percent (1.5%) (or the maximum allowable by law, whichever is lower) of the PAST DUE amount per
month. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. The right to charge and called interest is
in addition to, and not substitution for, the right to suspend or terminate in the event of the Client's failure to make timely payments.
4.3 Suspension or Termination of Servipe. If the Client fails to pay amounts within sixty (60) calendar days of the date of the invoice, this shall
constitute a material breach of this Agreement, and the Consultant may. at any time, and without waiving any other rights against the Client
and without thereby incurring any liability whatsoever to the Client, suspend services under this Agreement or terminate this Agreement. The
Client agrees to release the Consultant from any consequences of such suspension or termination of services due to the Client's non-
payment of the Consultant's fees.
4.4 Set -offs. Backcharges. Discounts. Payment of invoices is In no case subject to unilateral discounting or set -offs by the Client. Payment is
due regardless of suspension or termination of this Agreement by either party. If the Client objects to any portion of an invoice, the Client
shall so notify the Consultant in writing within thirty (30) calendar days of receipt of the invoice. The Client shall identify the specific cause of
the disagreement and shall pay when due that portion of the invoice not in dispute. Interest as stated above shall be paid by the Client on all
disputed invoiced amounts resolved in the Consultant's favor and unpaid for more than sixty (60) calendar days after date of invoice.
5. TERMINATION. This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to
perform in accordance with its terms through no fault of the party initiating the termination. Upon termination, Consultant shall be compensated for all
services performed to the date of receipt of notice of termination, plus reimbursable expenses then due, plus reasonable additional expenses that
may be incurred in the dosing of the project records and project activities.
6. OWNERSHIP OF DOCUMENTS. Plans, reports, and specifications are instruments of service and shall remain the property of Consultant, whether
the project for which they are made is executed or not. The Consultant shall retain all ownership rights, induding the copyright. Submission to public
agencies and Project contrador(s) shall not be deemed publication in derogation of the Consultant's retained rights. The Client shall be permitted to
retain copies, including reproducible copies, of plans, reports, and specifications for information and reference in connection with Client's use and
occupancy. The plans, reports. and specifications shall not be used by the Client on other projects, for additions to this Project, or for completion of
this Project by others except by agreement in writing with appropriate compensation to. and protection from liability for, Consultant, provided
Consultant is not in material breach of this Agreement.
6.1 Electronic Media. The Client may retain copies of drawings, reports, and/or specifications in electronic form. Any use or reuse of, or changes
to, the electronic media will be at the Client's sole risk. The Client will defend, indemnify and hold harmless the Consultant from any and all
claims resulting from use or reuse of, or changes to, the electronic media by the Owner or the Owner's transferee.
7 OPINIONS OF PROBABLE COST Since Consultant does not have control over the cost of labor, materials, or equipment, or over the contradors
methods of determining prices, or over competitive bidding or market conditions, opinions of probable cost, when provided, are made on the basis of
the Consultant's experience and qualification, and represent the Consultant's best judgment as a design professional generally familiar with the
construction industry. However, Consultant cannot and does not guarantee that proposals. bids. or the construction cost will not vary from opinions
of probable cost prepared for the Client. If the Client wishes greater assurance as to the construction cost, the client shall employ an independent
cost estimator.
AHBL, Inc Professional Services Agreement
Revised August 18. 2014
Page 1 of 3
Page 24
8. RISK ALLOCATION. In the execution of its services, the Consuttant will exercise its best professional judgment. No other warranties, expressed or
implied, are given.
Client recognizes the Inherent risk of claims associated with the service to be provided by Consultant. In partial consideration of Consultants
commitment to perform the services under this Agreement, Client and Consultant agree:
8.1 To limit the aggregate amount of damages the Client may recover against the Consultant (along with its officers, directors, and employees)
arising under or related to this Agreement to $50,000 or the amount of compensation paid to the Consultant pursuant to this Agreement,
whichever is greater. The types of claims to which thls limitation applies include, without limitation, claims based on negligence, professional
errors or omissions, professional malpractice, indemnity, contribution. breach of contract, breach of expressed warranty, breach of implied
warranty and strict liability.
8.2 The Consultant shall indemnify the Client (along with its officers, directors. and employees) against damages, losses. and liability, including
reasonable attorneys' fees and expenses recoverable under applicable law, to the extent they are caused by the negligent acts or omissions
of the Consultant or its consultants in the performance of professional services under this Agreement.
8.3 The Client shall indemnify the Consuttant (along with its officers, directors, and employees) against damages, lnsena, and liability, including
reasonable attorneys' fees and expenses recoverable under applicable law. to the extent they are caused by the negligent acts or omissions
of the Client or its consultants under this Agreement.
8.4 Consequential Damages. The Client and the Consuttant waive consequential damages for claims, disputes and other matters in question
arising out of or related to this Agreement or the breach or alleged breach of this Agreement.
9. DISPUTES.
9.1 Mediation. Any dispute between the Client and the Consultant arising out of or relating to this Agreement shall be submitted to non -binding
mediation. The Client agrees to partdpate in the mediation process in good faith upon receiving written notice, within the time limitation set forth
below, from the Consuttant of the Consultant's election to subject a dispute to mediation ("Notice of Election to Mediate"). Prior to commencing
litigation against the Consultant, the Client shall, within the time limitation set forth below, provide the Consultant with written notice of the Client's
daim(s) setting forth the nature of the dispute and the Client's daim(s), the amount in controversy. a brief summary of the factual dreumstances
surrounding such dispute and daim(s), and a statement of the Client's Intention to commence litigation ("Notice of Intent to Litigate"). If within
fourteen (14) days following the Consultant's receipt of Notice of Intent to Litigate the Consuttant has not given the Client Notice of Election to
Mediate, the Client may commence litigation. The Consultant may specifically enforce this mediation provision, whether through a motion to
compel mediation or otherwise. Unless the Client and the Consuttant subsequently agree otherwise in wilting, the mediation will be conducted
under the auspices of the American Arbitration Association acting under its Construction Industry Mediation Rules. Each party shall pay one-half
of the mediator's charges and one-half of the mediation service's charges. The parties shall participate in the mediation process in good faith.
9.2 Litigation. If the Consultant elects not to mediate a dispute or if mediation is conducted but does not fully resolve all disputes and/or claims,
either the Client or the Consultant may commence litigation. In that case, both parties agree that venue of any litigation shall be In Pierce
County, Washington. If litigation is not commenced within ninety (90) days of the termination of the mediation proceedings between the
parties or after Consultant's written election not to submit the dispute to mediation, the claims that were the subject of the mediation
proceedings shall be forever barred.
9.3 Time Limitation. Any litigation arising out of or related to this Agreement, or the breach or alleged breach of this Agreement, must be
commenced within one year of the date on which the Consuttant last performs services pursuant to this Agreement. Claims by one party
against the other, whether the basis of any such claim is known or unknown, shall be forever barred if not commenced within that one-year
time period. This limitation period shall be tolled upon the Consultant's service of a Notice of Election to Mediate or the Client's service of a
Notice of Intention to Litigate. and shall recommence running upon the termination of mediation proceedings or. in the event the Consultant
does not elect to mediate, fourteen (14) days following service of the Notice of Intent to Utigate.
10. SPECIAL PROVISIONS.
10.1 Hidden Conditions. Inasmuch as the review of an existing building and/or site requires that certain assumptions be made regarding existing
conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying
otherwise adequate or serviceable portions of the building and/or site, the Client agrees not to make any claims against the Consultant if it
develops that the conditions that were encountered were not anticipated by Consultant.
10.2 Subcorsutants. It is recognized and understood that some of the professional services required by this Agreement may be of a specialized
nature that cannot be provided by Consuttant in-house. Such specialized services include, but are not limited to, materials testing,
mechanical, electrical, architectural, acoustical and geotedtnical Engineering, laboratory planning and design, professional cost estimating,
LCClenergy analysis, acoustical Engineering, telecommunications Engineering, and other services identified elsewhere in this Agreement.
Consultant shall, upon request received from the Client, procure such services from subconsultants subject to Client approval, and shall enter
Into agreements with the subconsuttants. A copy of the agreements with the subconsuttants shall be provided to the Client upon receipt of a
written request. As the Client's agent, Consultant shall coordinate the activities of the subconsultants in the providing of their services under
this Agreement
10.3 Waiver of Claims. If the dient declines to retain the Consultant to perform construction phase services, then the Client waives any claim that
might otherwise be made against the Consultant (or its officers, directors or employees) arising out of or related to use of drawings, reports
and/or specifications prepared by the Consultant, except to the extent that the Client establishes that the claim against the Consultant would
have existed even if the Consuttant had performed construction phase services.
11. MISCELLANEOUS PROVISIONS.
11.1 information Provided by Client. The Consultant shall indicate to the Client the information needed for rendering of services hereunder. The
Client shall provide to the Consultant such information. and the Consuttant is entitled to rely upon the accuracy and completeness thereof.
11.2 Environmental Hazards Waiver and Indemnity. The Consuttant and the Consultant's subconsultant(s) shall have no responsibility for the
discovery, presence, handling. removal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.
It is further understood and agreed that Consultant will not contract to perform any services in connection with the detection, removal,
abatement, disposal or eradication of any hazardous or potentially hazardous substances or materials located in. on. under, over, about or in
any other way connected with the project or project site and that the incorporation Into the contract of any specifications pertaining to such
matter will be done only in accordance with the diredion of the Client and their subconsuttants without any responsibility or liability whatsoever
of Consultant or their insurers in regard thereto.
AHBL, Inc Professional Services Agreement
Revised August 18, 2014
Page 2 of3
Page 25
11.3 Taxes. In the event that federal, state, and/or local legislative action imposes new or additional tax measures that will affect Consultant's cost
of doing business, Client and Consultant agree that al professional fees negobated in compensation for this project shall be adjusted to reflect
such increases in taxation. Adjustments shall include, but not be limited to, compensation for potential new and/or the retroactive application
of state sales tax on professional services, and increases in state and local business and occupation taxes.
11.4 Assignment. Neither the Client nor the Consultant shall assign or transfer this Agreement. or any interest in this Agreement or any cause of
action arising under or related to rt, without the written consent of the other, which consent may be withheld at the discretion of either party
11.5 Construction Observation. The Consultant shall, if within the scope of services of this Agreement, visa the site at intervals appropriate to the
stage of construction or as otherwise agreed by the Client and Consultant in venting to become generally familiar with the progress and quality
of the construction. However, the Consultant shall not be required to make exhaustive or continuous onsite observations or any inspections
to check the quality or quantity of the construction. The Consultant shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the
Contractor's Work (Work). The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors. or their agents or employees. or of any other persons performing portions of the Work.
11.6 Submittal Review. The Consultant shall review and take other appropriate action upon contractor's submittals such as shop drawings.
product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept
expressed in the plans and specifications. The Consultant's actions shall be taken with reasonable promptness. Review of such submittals is
not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or systems designed by the contractor. The Consultant's review shall
not constitute review or approval of safety precautions or of construction means, methods. techniques, sequences, or procedures. The
Consultant's review of a specific item shall not indicate review or approval of an assembly of which the item is a component. When
professional certification of performance characteristics of materials, systems, or equipment is required by the plans and specifications, the
Consultant shall be entitled to rely upon such certification to establish that the materials, systems, or equipment will meet the performance
criteria required by the plans and specifications.
11.7 Property Insurance. The Client will assure that the Consultant is named as an additional insured on the builders risk insurance policy and any
other property policy carried by the Project owner and/or the Project prime construction contractor during the construction. The Client will
furnish the Consultant with a certified copy of the policy or polities showing the Consultant's status as additional insured upon receipt of a
request from the Consultant.
11.8 Goveming.Law. This Agreement shall be govemed by the intemal laws of the State of Washington.
11.9 Merger This Agreement states the entire agreement between the Client and the Consultant with respect to its subject matter and supersedes
all prior and contemporaneous negotiations, commitments, understandings, and agreements with respect to its subject matter. This
Agreement shall not be modified or amended except by way of an instrument signed by both the Client and the Consultant.
11.10 Signirhp Authority. Each individual signing this Agreement on behalf of a named party warrants that he or she has the authority to sign on
behalf of his or her principal and to bind his or her principal to this Agreement and its terms.
Client
ALSC ARCHITECTS
By:
Date:
Signature/Title
Printed name
(AHBL File No. 2190187 10/ 40)
AMBL, Inc, Professional Services Agrsern nl
Revised August 18, 2014
Page 3of3
AHBL, INC.
Civil & Structural Engineers - Landscape Architects -
Community Planners - Land Surveyors
2215 North 30th Street. Suite 300
Tacoma, WA 98403
(253) 383-2422
By.
Date:
Principal in Charge
Page 26
DCI
enoineeas
g I Washington
IOregon
I California
.2, I Texas
Alaska
Colorado
g Montana
March 13, 2019
Rustin Hall, AIA
ALSC Architects
203 N. Washington, Suite 400
Spokane, WA 99201
509 838.8568
rhailaalscarch itect.com
professional
services agreement
Re: Structural Engineering Services Proposal for the Yakima Convention Center
Expansion in Yakima, Washington
Dear Rustin:
DCI Engineers (DCI) is pleased to present this proposal for structural engineering services for the
new Convention Center Expansion located Yakima, Washington. This proposal includes this form
agreement, the attached Terms and Conditions, Schedule of Expenses, and BIM Scope of
Services. If you have questions or comments about any aspect of this proposal, please let us know
Thank you for the opportunity to provide these engineering services.
DCI Engineers is committed to providing Service, Innovation, and Value to our clients and team
partners throughout the design and construction process. Our staff has extensive experience with
all types of construction, and we will be able to bring tremendous value to the project.
Protect Description
The project consists of a new expansion as described in the RFQ No. 11903Q and published by the
City of Yakima on January 1, 2019.
The goal of the project is to expand the conference space to include one large conference space
and three additional conference rooms similar to rooms E, F, G and H.
The estimated MACC for the project is understood to be $9,300,000.
Scope of Services
DCI's proposed scope of engineering services is outlined below If additional services are required
or some of those listed should be excluded, please inform us so that we may revise our scope and
fees accordingly
1 Perform structural analysis and design as required to prepare structural Construction
Documents, including plans, sections, and details for the primary building structure.
DCI anticipates the use of BIM for this project with a level of development (LOD) similar to
LOD 200 as defined by AIA Document E202, "Building Information Modeling Protocol." The
structural BIM model can be used by the design team to check design conflicts with primary
707 W 2nd Avenue i Spokane, WA 99201 Phone (509) 455-4448
'Service Innovation Value
Page 27
mom en
o ma
e,
mem am
professional
services agreement
Page 2 of 6
structure. Elements of the structural BIM model are modeled as generalized systems or
assemblies with approximate quantities, size, shape, location and orientation. The
structural BIM model is not intended for use for construction dimensioning, such as shop
drawings, layouts, etc., but the model can be made available to the contractor for
informational purposes, provided that such use is at the contractor's own risk and is subject
to the execution of DCI's standard digital media agreement.
DCI will provide a BIM model using Autodesk Revit® Structure to provide the geometric
information for primary structural elements. DCI's model may not have geometric
information that is not within DCI's control including but not limited to: slab edge
dimensions, MEP opening size and location, slab slopes and depressions for drainage,
deferred submittals, etc.
2. Provide structural specifications in the form of structural general notes on the drawings.
Coordination of the general notes with the project specifications will be accomplished by
red -mark or electronic editing of standard CSI specification files provided by the architect.
3. Attend design meetings and coordinate with the other members of the design team. We
have assumed the meetings will be held in Spokane.
4 Provide support and document clarifications as required during the bidding process.
5. Provide Construction Support Services, including the review of the fabricator's submittals,
review of laboratory, and field test reports, respond to RFIs, respond to minor field fixes,
and provide structural observation site visits as requested but only for the limited purpose
of checking for conformance with information given and the design concept expressed in
the contract documents. We have included two site visits in the basic design fee; additional
visits will be billed on a time and materials basis.
6. Our construction support fees are not intended to cover the engineering effort associated
with the correction of "as constructed" field conditions that deviate from the design concept,
out -of -scope design changes, or structural repairs. If significant engineering effort is
required for these services, they will be performed as an additional service to this contract.
Summary of Professional Service Fees
Engineering services will be performed and billed monthly on a fixed fee or hourly basis as
proposed below Fixed fees are billed on a percent -complete basis and hourly services will be
billed according to DCI's attached Schedule of Expenses.
Our fees are proposed as follows:
Structural Design Services Fees
1 Schematic Design Documents: $21,000
2. Design Development Documents: $23,250
3. Construction Documents: $36,000
4 Bidding and Negotiating $2,250
5 Construction Support Services (CSS): $31,500
6. Project Closeout: $2,250
Total: $116,250
Early submittal packages will be treated as an additional service and billed on an hourly or lump
sum basis.
Page 28
professional
services agreement
Page 3 of 6
Design fees will be allocated according to the following phase/fee breakdown unless otherwise
specified in the contract:
Schematic Design: 18%
Design Development: 20%
Construction Documents: 31%
Bidding/Negotiation: 2%
Construction Administration: 27%
Project Closeout: 2%
Assumptions and Qualifications for Scope of Services
For the purpose of this proposal, DCI has made the following assumptions. If these assumptions
are inaccurate in any way, please let us know so that we may determine if any modifications to this
proposal are necessary
1 Due to the conceptual nature of the current drawings, our fees are primarily based on
gross square footage. If the size of the project is significantly altered, DCI reserves the
right to adjust the proposed fees accordingly
2. DCI assumes that a geotechnical study will be made available before design commences.
The report should include a description of soil types, condition, stability, bearing capacity,
and groundwater conditions. The report should also provide recommendations for structural
design criteria and subgrade preparation. We are assuming that the site is suitable for
conventional spread footings.
3. The structural design services do not include the design of elements that are not part of the
primary structure and are generally addressed as deferred submittal items. This includes
canopies, trellises, cladding, and architectural features such as handrails, signage,
skylights, pedestrian railing systems, framing and anchoring required for roof and facade
access systems, etc. If you believe a deferred submittal item should be categorized as part
of the primary structure, please let us know so that we may determine if any modifications
to this proposal are necessary
4 Landscaping features and site retaining walls are excluded.
5. Construction engineering such as tower crane foundations and temporary excavation
shoring are excluded.
6. The design of structural support for tenant improvements or other interior design
elements such as non -bearing walls, soffits, lighting, and doors is not included within
the scope of this proposal, but may be provided as an additional service.
7 The structure will be designed to support the mechanical, electrical, plumbing, and fire
protection equipment. Delay or late selection of the mechanical systems may be
considered an additional service if structural design modifications are required to
integrate these systems into the building. Our proposed fees do not include the design
of seismic bracing or anchorage for any of the MEP or fire protection systems.
8. This proposal does not include construction inspections, but DCI will assist in coordinating
the efforts of an outside materials testing and inspection company retained by the owner
9. Renovation of existing structures includes a certain level of uncertainty Although DCI will
assist the team in establishing the existing conditions, and attempt to clarify with the team
the level of risk or uncertainty that exists for a given project, we cannot guarantee that the
design drawings will account for every condition that is discovered once construction
begins and additional aspects of the building are revealed.
Page 29
professional
services agreement
Page 4of6
10. This proposal assumes that the existing building structure will be capable of supporting
the new equipment and support systems as currently constructed. Any modifications or
retrofit work to the primary building structure that is required as a result of the tenant
improvement work is beyond the scope of this proposal.
11 As -built drawings incorporating changes or modifications made to the documents
during the construction process are not included within the scope of this proposal but
can be provided as an additional service
Acceptance of Proposal
Professional services for this project shall be provided according to this professional services
agreement and the attached Terms and Conditions. If this agreement is acceptable to you, please
sign where noted and return a copy for our records. The parties agree that this agreement and all
terms and conditions hereto shall become effective immediately upon DCI's commencement of the
services described herein and regardless of whether this agreement is signed by both parties. This
agreement shall remain in effect unless and until amended or superseded by a written agreement
executed by both parties.
We are excited about the opportunity to be part of the design team for this project. If you have
questions or comments about any aspect of this proposal, please let us know
Sincerely,
DCI Engineers
(at ce.&k
Justin Cook, PE, SE
Principal
Approved By: Date:
Signature
Printed Name: Title:
Attachments: ®Terms and Conditions ®Schedule of Expenses ❑BIM
Page 30
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions. together with the professional services
agreement, constitute the 'Agreement* between DCI and Client. This
Agreement shall become effective immediately upon execution by Client or
upon Client's written direction (including by electronic mall) to proceed with
the services, and shall remain in effect unless and until amended or
superseded by a written agreement executed by both parties.
STANDARD OF CARE: DCI shall perform its services consistent with the
degree of skill and care ordinarily exercised by members of the same
profession currently practicing in the same or similar locality under the same
or similar circumstances. DCI makes no warranty with respect to Its services,
express or implied.
CLIENT FURNISHED INFORMATION: Client shall provide DCI with a survey
describing the physical characteristics, legal limitations and utility locations
for the Project site. a written legal description and geotechnical reports. DCI
shall be entitled to rely on. and shall not be responsible for the accuracy,
completeness or timeliness, of services and information furnished by Client
and Client's consultants, contractors and agents.
FEES: The fees set forth in this Agreement are good for 90 days from the date
on the first page of this Agreement to the commencement of substantial work.
as reasonably determined by DCI. If Client requests any material changes to
this Agreement, or if the Project's design or construction schedule is
substantially delayed, DCI reserves the right to modify its fees.
PAYMENTS: Client's failure to pay any invoice within 30 days of the Invoice
date shall constitute a material breach of this Agreement by Client and DCI
shall have the right to suspend its services. including the withholding of
deliverables, without liability to the Client for any costs or damages resulting
from such suspension. Amounts unpaid 30 days after the invoice date will be
subject to a monthly finance charge of 1.5% on the unpaid balance or
maximum rate allowed by law, whichever is less. Client shall have no right
of setoff against any billings of OCI for disputed services or claims.
ADDITIONAL SERVICES: Additional Services may be provided after
execution of this Agreement without invalidating the Agreement. DCI will
notify Client of the need to perform Additional Services. Additional Services
shall entitle DCI to compensation as agreed upon by the parties.
DELAY: DCI shall not be liable for any costs or delays resulting in whole or
in part from causes beyond the control and without the fault or negligence of
DCI or Its subconsultants, including, without limitation, stoppages and strikes,
acts of God and natural disaster, failure of a public agency to act in a timely
manner, and/or acts of Client end its consultants, contractors and agents,
including, without limitation, their failure to fumish information in timely
fashion and/or their faulty or untimely performance.
CONTINGENCY RESERVE: Client and DCI acknowledge that changes may
be required because of possible omissions. ambiguities or inconsistencies in
the Project plans and specifications and that the costs of the Project as a result
may exceed the construction contract sum. Client agrees to establish a
reasonable design contingency reserve (no less than 5% of entidpated
construction costs) to pay for any such costs. Client further agrees not to make
any claim against DCI with respect to any payments made to any construction
contractors within the limit of the design contingency reserve.
INDEMNIFICATION: Client shall indemnify and hold harmless (but not
defend) DCI, its officers and employees, from and against any end all
damages, losses and expenses (including reasonable attorneys fees) arising
from claims by third parties to the extent caused by the negligence or willful
misconduct of Client, its employees or anyone for whom Client may be legally
responsible. For purposes of the foregoing indemnification provision only,
Client waives any immunity it may have under any applicable worker's
compensation laws.
LIMITATION OF LIABILITY: In recognition of the relative risks, rewards and
benefits of the Project to both Client and DCI, the risks have been allocated
such that Client agrees that DCI's maximum liability to Client for any and all
injuries to persons or property, claims, losses, expenses, damages, legal
fees or costs, and claim expenses, whether arising out of DCI's breach of this
Agreement, or arising out of DCI's breach of duties owed independent of this
Agreement, if any, including but not limited to breach of warranty, indemnity,
negligence, strict liability, or other tort or statutory cause or causes, or
otherwise related to formation of this Agreement or services rendered by DCI
in connection herewith, or any amendment thereto, shall not exceed ten times
DCI's fee or $500.000, whichever is less. In the event that the foregoing is
deemed unenforceable by a court or arbitrator having jurisdiction, DCI's
liability shall in no event exceed any limits of liability insurance then available
at the time of settlement or judgment.
CONSEOUENTIAL DAMAGES: DCI and Client waive consequential damages
for claims, disputes or other matters in question arising out of or relating to this
Agreement. This mutual waiver is applicable. but not limited, to lost profits, loss
of capital, loss of use, or any other indirect, special or consequential damage,
whether arising in contract, tort, warranty or strict liability.
INSTRUMENTS OF SERVICE: DCI's Instruments of Service (as defined in
AIA Document A201 TM-2017) will be prepared and are intended for use solely
for this Project. DCI's Instruments of Service also include any Building
Information Models (BIM) or other electronic files (`Digital Media Files')
prepared by DCI. DCI shall retain all rights, Including ownership and copyright,
to the Instruments of Service. Provided Client substantially performs all
obligations under this Agreement, including prompt payment of all sums when
due, DCI grants Client a non-exdusive license to use the Instruments of
Service solely and exclusively for purposes of constructing, using and
maintaining the Project. If Client modifies or uses DCI's Instruments of Service
without retaining DCI, then Client releases DCI from and against any liability,
claims or damages arising out of such use and further agrees to defend,
indemnify, and hold harmless DCI from and against any liability, claims or
damages arising out of such use. Except for rightful termination of this
Agreement by Client, termination of this Agreement shall terminate the license
granted in this section. DCI shall have the right to Include photographic or
artistic representations of the Project among DCI's promotional and
professional materials.
DIGITAL MEDIA FILES: DCI may provide certain Digital Media Files, including
DCI's BIM model, to Client upon request, but any use of the Digital Media Files
by the Client shall be at Client's sole risk. DCI does not warrant the Digital
Media Files in any way. Unless otherwise specified in this Agreement. only the
officially -issued, stamped and signed documents are to be interpreted as
correct. Client agrees to not further disseminate the Digital Media Files without
DCI's prior written consent.
PROJECT SITE: DCI shall not have control over. charge of, or responsibility
for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with construction of the
Project, nor shall DCI be responsible for any contractors failure to construct
the Project in accordance with the requirements of the construction
agreement. DCI shall have no responsibility for the discovery, presence,
handling, removal or disposal of, or exposure of persons to, hazardous
materials or toxic substances in any form at the Project site.
MEDIATION: DCI and Client agree that as a condition precedent to any
litigation, all disputes arising out of or relating to this Agreement or DCI's
services shag be submitted to mediation. The cost of the mediator shall be
shared equally by the parties. DCI and Client further agree to indude the
foregoing provision in any and all agreements with independent contractors
and consultants retained for the Project.
LAW AND FORUM: This Agreement shall be govemed by and construed in
accordance with the laws of the State of Washington, without reference to laws
regarding choice of law. Any mediation or litigation relating to this Agreement
shall be brought in Seattle, WA.
CORPORATE RESPONSIBILITY: DCI's services shall not subject DCI's
individual employees, officers or directors, including any engineer who affixed
his or her seal to the plans for the Project, to any personal legal exposure for
the risks associated with this Project. Client agrees that as Client's sole and
exclusive remedy, any Balm, demand or suit shall be directed and/or asserted
only against DCI, a Washington state corporation, and not against any of DCI's
individual employees, officers or directors.
TERMINATION: Either party may terminate this Agreement upon not less than
seven (7) days' written notice should the other party fail to substantially
perform in accordance with the terms of this Agreement through no fault of the
party initiating the termination.
THIRD PARTIES: Nothing contained in this Agreement shall create a
contractual relationship with, or a cause of action in favor of, a third party
against either DCI or Client. Neither DCI nor Client shall assign this Agreement
without the written consent of the other.
RIGHTS CUMULATIVE: All rights and remedies of either party under the
Agreement, at law and in equity, will be cumulative and not mutually exdusive;
the exercise of one right or remedy will not be deemed a waiver of any other
right or remedy.
ENTIRE AGREEMENT: If any term. condition or provision of this Agreement,
or the application to any drcumstances is determined to be invalid or
unenforceable to any extent, the remaining provisions of this Agreement shall
not be affected but shell instead remain valid and fully enforceable. Neither
party has relied upon any statement, estimate, forecast, projection,
representation except for those expressly contained in this Agreement. This
Agreement incorporates and supersedes all prior negotiations, agreements
and representations.
COUNTERPARTS: This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original but all of which
together shall constitute one complete instrument. Transmission by fax or
electronic mail of an image of an executed counterpart shall have the same
binding effect as the hand -delivery of a manually -signed original.
January 2019
Page 31
Clerical and Administrative 1000
Clerical and Administrative 1010
Technical Designer 2000
Technical Designer 2010
Technical Designer 2020
Technical Designer 2030
Technical Designer 2040
Senior Technical Designer 2100
Senior Technical Designer 2110
Senior Technical Designer 2120
Senior Technical Designer 2130
Senior Technical Designer 2140
Project Engineer 3010
Project Engineer 3020
Project Engineer 3030
Project Engineer 3040
Project Engineer 3050
Project Engineer 3060
Project Engineer 3070
SCHEDULE OF EXPENSES
DCI ENGINEERS
PROFESSIONAL SERVICES
$50/hr
$60/hr
$60/hr
$70/hr
$80/hr
$90/hr
$100/hr
$80/hr
$100/hr
$120/hr
$140/hr
$160/hr
$80/hr
$90/hr
$100/hr
$110/hr
$120/hr
$130/hr
$140/hr
Project Manager 3100
Project Manager 3110
Project Manager 3120
Project Manager 3130
Senior Project Manager 3200
Senior Project Manager 3210
Senior Project Manager 3220
Senior Project Manager 3230
Associate 4000
Associate 4010
Associate 4020
Associate Principal 4110
Associate Principal 4120
Associate Principal 4130
Principal Engineer 4200
Principal Engineer 4210
Principal Engineer 4220
Principal Engineer 4230
Principal Engineer 4240
REIMBURSABLE SERVICES
Original Plots and Architectural
Plotting with Drawing Files
Media Size Fee
Bond A,B+C Size $4.00/Plot
Bond D,E+E1 Size $7 75/Plot
Vellum A,B+C Size $6.00/Plot
Vellum D,E+E1 Size $11.50/Plot
Mylar A,B+C Size $10.00/Plot
Mylar D,E+E1 Size $19.00/Plot
Media
Bond
Bond
Bond
Color
Color
Color
Out of Office Services/Expenses
Personnel Transportation
$100/hr
$120/hr
$140/hr
$160/hr
$120/hr
$140/hr
$160/hr
$180/hr
$140/hr
$160/hr
$180/hr
$180/hr
$180/hr
$200/hr
$160/hr
$200/hr
$250/hr
$300/hr
$300/hr
Copies and Architectural Plotting
with Plot Files
Size Fee
A+B Size $0.20/Plot
C+D Size $1.50/Plot
E+E1 Size $2.50/Plot
A Size $1.00/Plot
B Size $1.50/Plot
Scan to File $5.00
$1 10x Direct
Cost
$0.580/mile
March 2017
Page 32
professional
services agreement
Page 2 of 6
structure. Elements of the structural BIM model are modeled as generalized systems or
assemblies with approximate quantities, size, shape, location and orientation. The
structural BIM model is not intended for use for construction dimensioning, such as shop
drawings, layouts, etc., but the model can be made available to the contractor for
informational purposes, provided that such use is at the contractor's own risk and is subject
to the execution of DCI's standard digital media agreement.
DCI will provide a BIM model using Autodesk Revit® Structure to provide the geometric
information for primary structural elements. DCI's model may not have geometric
information that is not within DCI's control including but not limited to: slab edge
dimensions, MEP opening size and location, slab slopes and depressions for drainage,
deferred submittals, etc.
2. Provide structural specifications in the form of structural general notes on the drawings.
Coordination of the general notes with the project specifications will be accomplished by
red -mark or electronic editing of standard CSI specification files provided by the architect.
3. Attend design meetings and coordinate with the other members of the design team. We
have assumed the meetings will be held in Spokane.
4 Provide support and document clarifications as required during the bidding process.
5. Provide Construction Support Services, including the review of the fabricator's submittals,
review of laboratory, and field test reports, respond to RFIs, respond to minor field fixes,
and provide structural observation site visits as requested but only for the limited purpose
of checking for conformance with information given and the design concept expressed in
the contract documents. We have included two site visits in the basic design fee; additional
visits will be billed on a time and materials basis.
6. Our construction support fees are not intended to cover the engineering effort associated
with the correction of "as constructed" field conditions that deviate from the design concept,
out -of -scope design changes, or structural repairs. If significant engineering effort is
required for these services, they will be performed as an additional service to this contract.
Summary of Professional Service Fees
Engineering services will be performed and billed monthly on a fixed fee or hourly basis as
proposed below Fixed fees are billed on a percent -complete basis and hourly services will be
billed according to DCI's attached Schedule of Expenses.
Our fees are proposed as follows:
Structural Design Services Fees
1 Schematic Design Documents: $21,000
2. Design Development Documents: $23,250
3. Construction Documents: $36,000
4 Bidding and Negotiating $2,250
5. Construction Support Services (CSS): $31,500
6. Project Closeout: $2,250
Total: $116,250
Early submittal packages will be treated as an additional service and billed on an hourly or lump
sum basis.
Page 33
March 12, 2019
Rustin Hall
ALSC Architects
PROJECT
PROJECT #•
CC.
RE.
Dear Rustin,
James W. Moore. PE / Brandon D. Enevold, PE / atersten E Nuhta, PE
Dylan J. Cunningham. PE / Jacob L Deering, PE / Joel R. Enevold, PE / Anthony Schoen, PE
Yakima Convention Center Expansion, Yakima, WA
2019.501.01
Jim Moore, James McCue
Mechanical and Electrical Engineering Services
Thank you for considering MW to be a part of the design team for the Yakima Convention
Center Expansion Project. We propose to provide engineering services for a fixed fee through
the design and construction phase as outlined below. Please advise if this does not meet your
understanding of the project scope and project requirements.
Basic Design Services Include:
• Electrical Power Systems, Architectural Lighting and Fire Alarm System
• Communications Design of pathway system only
• Security Systems Design of pathway system only.
• AV Systems Design of pathway system only
• Mechanical HVAC, Plumbing, Fire Protection and Controls
Proposed Fees.
Project
Yakima Convention
Center Expansion
Addition Square Footage
18,250
Renovation Square Footage
8,000
MACC (hard costs plus estimated 2% GC)
$9,300,000
Site Work Included in MACC
$1,300,000
Site Electrical Cost
$125,000
Building Cost Included in MACC
$8,000,000
WA State Sched B
8.12%
Additional Renovation Factor
2.00%
Blended Overall AE Fee
8.73%
Blended MEP Fee
6.11%
MW Page lof 5
N. 222 Will Sl,cel Stale 200 Sputinne. WA 00201
T. 509. 838. 9020 F. 509. 838. 1123
wwwmwcr,l;inecrs. coin
Page 34
James W. Moore, PE / Brandon D. Enevold, PE / KJersten E. Kuhta, PE
Dylan J. Cunningham, PE / Jacob L Dearing, PE / Joel R. Enevold, PE / Anthony Schoen, PE
MEP Fee Calculation
Estimated Construction %
35.00%
Estimated Building Construction Value
$2,800,000
Estimate Building & Site Elec Const Value
$2,925,000
MEP Fee %
6.11%
SD
18%
$32,173
DD
20%
$35,747
CD
35%
$62,558
BID
2%
$3,575
CA
25%
$44,684
Total MEP Fee $
$178,737
Reimbursable Expense Allowance
Travel Expenses
$5,000
Total
$5,000
Potential Extra Services
Mechanical
Electrical
Total
Design of telecom system including
cabling, outlets, racks and patch panels
with active equipment specified and
supplied by the owner.
•
$12,500
$12,500
Design of security/access control system
including cabling and equipment, with
the exception of security door hardware.
$7,500
$7,500
Drafting of record drawings
$2,000
$2,000
$4,000
Constructability review
$3,500
$3,500
$7,000
VE Participation
$3,500
$3,500
$7,000
Phased construction documents/early
site package
tbd
tbd
tbd
MW Page 2of 5
N. 222 Wan Street Suite 200 Spokane, WA 99201
T. 509. 838. 9020 1 F. 509. 838 1123
www.rnwengincc, s, cont
Page 35
James W. Moore, PE / Brandon D. Enevold PE / Hjemten E. Hunta, PE
Dylan J. Cunningham, PE / Jacob L Deering, PE / Joel R. Enevold, PE / Anthony Schoen, PE
Assumptions/Limitations:
1. This fee assumes that the project MACC will not exceed amount indicated above.
Should the MACC be increased, fees would be renegotiated.
2. Agreement is in accordance with AIA Document C-141.
3. If alternates are designed for bid protection these would be additive or deductive from
the basic bid but would not require separate unique designs for alternates. The design
team would be compensated for design of alternates that are above the MACC.
4. In the event that re -design should be required for project bids above the MACC,
compensation would be provided for re -design services
5. Excludes survey and identification of existing underground site utilities.
6. Excludes design of active telecom equipment.
7. Excludes design of security/access control system cabling and equipment.
8. Excludes design AV system cabling, outlets and equipment. AV design shall be provided
by others
9. This fee assumes that the existing electrical service has adequate spare capacity to
support the planned convention center expansion without replacement of or significant
upgrade to the existing electrical service. If it is discovered during schematic design
that the existing electrical service needs to be replaced or upgraded significantly, this
will require an amendment to MW's fee.
10. This fee inc/udes analysis of the existing mechanical, electrical and /ow voltage systems
for the purpose of extending these existing systems to the new building expansion.
This fee does not include the replacement or significant upgrade of existing electrical,
mechanical or low voltage systems within the existing convention center. if it is
discovered during schematic design that replacement or significant upgrade of existing
systems within the existing convention center is necessary or desired by the owner, this
will require an amendment to MW's fee.
11. This fee includes review and response to MEP issues that are identified during
construction by the 3rd Party Commissioning Agent. Participation in enhanced
commissioning during design, commissioning meetings, witnessing of function
performance testing or development of detailed review of the commissioning plan is
excluded.
12. Fire protection services provided by FP Engineering as a subcontract to MW and include
concept drawings detailing service locations, sizes, service detail and main locations
Final drawings with sprinkler heads to be provided by through performance specification
by a licensed sprinkler contractor
13. This project does not include LEED certification or an Energy Conservation Report
(ELCCA)
14. Assumed to be bid as a single bid package for MEP scope of work.
1 5. Site trips not to exceed: (1) Pre -Design Site Visit, (4) Design and (13) CA -one per month
plus backcheck of punchlist.
MW Page 3of 5
N. 222 Wall Street Suile 200 Spokane, WA 99201. T. 509. 838. 9020
F. 509. 838. 1123 www.mwenginecrs. corn
Page 36
James W. Moore, PE / Brandon D. Enevold, PE / NJersten E. huhta, PE
Dylan J. Cunningham, PE / Jacob L Deering, PE / Joel R. Enevold, PE / Anthony Schoen. PE
Should additional services be required during the course of the project, they will be furnished in
accordance with hourly rate schedule located at the end of this proposal
Sincerely,
64.4e- Lad/
Brandon Enevold, PE
MW Page 4of 5
N. 222 WJII Slrecl Suns 200 Spokane. WA 99201 T. 509. 838. 9020
F. 509. 838. 1123 www.mwentiince,s.com
Page 37
James W. Moore, PE / Brandon D. Enevold. PE / Kjersten E. Kuhta. PE
Dylan J. Cunningham. PE / Jacob L Deering, PE / Joel R Enevold. PE / Anthony Schoen. PE
January 1, 2019
MW CONSULTING ENGINEERS 2019 HOURLY RATES
Principal S150.00 / hr
Associate. S135.00 / hr
Senior Technology Systems Project Manager S135.00 / hr
Senior Technology Systems Engineer $120 00 / hr
Senior Project Manager S120.00 / hr
Senior Commissioning Professional: Si 1 5 00 / hr
Senior Engineer $110 00 / hr
Senior Technology Systems Designer $100 00 / hr
Senior Lighting Designer $100 00 / hr
Construction Manager $100 00/ hr
Engineer $100 00 / hr
Designer II $ 90.00 / hr
Designer I: $ 75.00 / hr
CADD Operator II $ 70.00 / hr
CADD Operator I: $ 60.00 / hr
MW Page 5of 5
N. 222 Wall Street Suite 200 Spokane. WA 9920.1 T. 509. 838. 9020
F. 509. 838. 1123 www rewenginecrs.com
Page 38
Stantec
Stantec Consulting Services Inc.
400 Fairview Ave. N. Suite 620. Seattle, Washington 98109
March 14, 2019
Mr Rustin Hall
ALSC Architects
203 North Washington, Suite 400
Spokane, WA 99201
Subject Yakima Convention Center Expansion - Yakima, Washington
Professional Consulting Services Proposal
Dear Rustin,
Thank you for inviting Stantec to propose our Acoustic and AV Consulting services for the Yakima
Convention Center Expansion project. We are excited about this opportunity to work with you
and have assembled a consulting team to provide professional services for the Project's success.
This letter defines our understanding of the Project's scope, delivery method and schedule, and
proposes our Acoustics Consulting and Audiovisual Consulting services. This proposal is based
upon information received from you in e-mail correspondence during the last two weeks. The
attochments to this letter provide details for each of our proposed design disciplines' scope,
process, deliverables, fees and reimbursable expenses, and the terms, conditions, and
assumptions upon which this Proposal is based.
PROJECT DESCRIPTION
We understand this Project to consist of a 10,000 sf expansion to the existing Yakima Convention
Center
PROJECT UNDERSTANDING
We are informed that this Project is intended to be designed using the design -bid -build model.
PROPOSED CONSULTING TEAM
We are pleased to offer the following key team members for this Project.
DESIGN DISCIPLINE
Stantec Acoustical Consulting
Stantec Audiovisual Consulting
PROJECT LEAD
Kathleen Gray
Nathan Thomas, CTS
This team will be led by Michael Yantis, Principal, Acoustics. Michael's tenure at Stantec will end
on December 31, 2019 Basel Jurdy, the managing principal of the acoustics division, will step in as
Principal upon Michael's departure
ELECTRONIC DRAWING REQUIREMENTS
Our proposed scope of work specific to the production and coordination of CADD Drawings
and/or Building Information Models are based on the assumptions in ATTACHMENT C.
Page 39
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima. Washington
Page 2 of 15 - March 14, 2019
FEES
Our proposed fees for delivering the professional services defined in this proposal are contained in
ATTACHMENT A.
ESTIMATED REIMBURSABLE EXPENSES
Reimbursable direct project are estimated fees for reimbursable expenses are listed in
ATTACHMENT A. Reimbursable expense shall be billed at cost plus 10% fee
CCEPTANCE
To accept this proposal and the included terms and conditions, please indicate your acceptance
by signing below and returning a copy We will not proceed with any work until provided with a
separate Notice to Proceed. We also require a design agreement at an appropriate phase in the
project and until that design agreement is negotiated and signed, the terms and conditions in
ATTACHMENT D shall govern our relationship
This Proposal is good for sixty (60) calendar days from the date of this letter, after which it is subject
to revision. If you have questions, require additional information, modifications, or clarifications for
this Proposal to better meet the needs of the project, please contact me
Thank you again for thinking of Stantec for this project
Kind regards,
Mi hael Ya tis, P
Pri cipal, coustic
Michael. antis@stantec.com
(206) 224-3680
Stantec Consulting Services Inc.
CLIENT ACCEPTANCE:
Accepted by Date
Client (Company Name)
Name/Title
ENCLOSURES
Attachment A. Fees and Hourly Rates
Page 40
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 3 of 15 - March 14, 2019
Attachments B:
B.1 Not Used
B.2 Not Used
B.3 Not Used
B.4 Not Used
B.5 Not Used
B.6 Acoustical Design Scope
B.7 Audiovisual Consulting Scope
Attachment C: Electronic Documents
Attachment D. Project Terms and Conditions
ym:rilenome http://collaboration/sites/Buildings/USwBE/Lynnwood/Studio24/Proposals/Museums and Convention Centers/Yokimo
Convention Center Expansion.docx
Page 41
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 4 of 15 -March 14. 2019
ATTACHMENT A
BASIC SERVICES FEES
This Attachment defines our fees for delivering the professional services defined in this proposal.
:DesignThase w Type-Acoust AVv Totals
Schematic Design FX $ 4,800 $ - $ 4,800
Design Development FX $ 10,900 $ 8,200 $ 19,100
Construction Documents FX $ 12,100 $ 11,800 $ 23,900
Bidding FX $ 400 $ 850 $ 1,250
Construction Administration FX $ 8,000 $ 5,900 $ 13,900
Post Construction FX $ - $ - $ -
Consulting Fee Totals
Estimated Reimbursable Exp
Fee Type Legend:
$ 36,200 $ 26,750 $ 62,950
$ 4,500 $ 1,800 $ 6,300
FX Lump Sum Fixed Fee billed on a percentage of completion basis.
TM Time and materials billed at standard hourly rates (attached) to a project maximum. Unless otherwise
stipulated, unbilled fee will roll to be available to the next phase.
The fees quoted in this attachment are for an integrated multi -discipline whole project delivery by Stantec Specific disciplines. phases and/or
itemized scope line items are not separable without revising the quoted fees.
Page 42
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 5 of 15 - March 14. 2019
ATTACHMENT A: STANDARD HOURLY BILLING RATES
Acoustics Consulting
2019- Standard Hourly Billing Rates (USD)*
PRINCIPAL ACOUSTICAL DESIGN I 245.00
SR. ACOUSTICIAN I 200.00
SR. ACOUSTICIAN II 175.00
ACOUSTICIAN I 155.00
ACOUSTICIAN 11 140.00
ACOUSTICIAN III 130.00
ACOUSTICIAN IV 120.00
CADD I BIM TECHNICIANS 110.00-130.00
PROJECT SUPPORT STAFF 100.00
`HOURLY BILLING RATES ARE SUBJECT TO CHANGE ANNUALLY ON JANUARY 1 THE HOURLY
BILLING RATES LISTED ARE SPECIFIC ONLY TO THE STANTEC OFFICE AND PROPOSAL OR CONTRACT
FOR WHICH THEY WERE ISSUED
Page 43
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima. Washington
Page 6 of 15 - March 14, 2019
ATTACHMENT A. STANDARD HOURLY BILLING RATES
Technology Consulting
2019- Standard Hourly Billing Rates (USD)'
TECHNOLOGY PRINCIPAL 250.00
TECHNOLOGY STAFF LEVEL 1 225.00
TECHNOLOGY STAFF LEVEL 2 210.00
TECHNOLOGY STAFF LEVEL 3 200.00
TECHNOLOGY STAFF LEVEL 4 185.00
TECHNOLOGY STAFF LEVEL 5 170.00
TECHNOLOGY STAFF LEVEL 6 1 55.00
TECHNOLOGY STAFF LEVEL 7 145.00
TECHNOLOGY STAFF LEVEL 8 130.00
CADD I BIM TECHNICIANS 110.00-130.00
PROJECT SUPPORT STAFF 100.00
'HOURLY BILLING RATES ARE SUBJECT TO CHANGE ANNUALLY ON JANUARY 1 THE HOURLY
BILLING RATES LISTED ARE SPECIFIC ONLY TO THE STANTEC OFFICE AND PROPOSAL OR CONTRACT
FOR WHICH THEY WERE ISSUED
Page 44
ATTACHMENT 8.6. ACOUSTICAL DESIGN SCOPE BY STANTEC CONSULTING, INC.
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 7 of 15 - March 14, 2019
This Attachment defines our Proposed Acoustical Consulting scope, process, and deliverables.
Refer to the fee proposal cover letter and other attachments for additional information.
ACOUSTICAL CONSULTING SERVICES, SCOPE AND DELIVERABLES
The following architectural acoustics and mechanical system noise and vibration control scope
is included in this Proposal:
Architectural Acoustics is the creation of a desired interior acoustical atmosphere, or the control
of sound transmission between adjacent rooms or spaces. For interior acoustic issues, we will
prepare preliminary and final acoustical designs relating to surface treatments. For sound
transmission between adjacent spaces, we will recommend appropriate wall, ceiling, window,
and opening types to provide the necessary acoustic separation, and will provide details of
construction (wall joints, connections, penetrations, caulking, etc.) coordinated with applicable
design disciplines to integrate acoustical remediation where and as required for desired
acoustical performance.
For this project, the important architectural acoustic considerations relate to the following areas:
▪ Meeting Rooms
• Pre -function Area
Mechanical System Noise and Vibration Control addresses (a) Duct -borne noise which is
created predominantly by fans and travels through ductwork into occupied spaces; (b)
Airborne noise which radiates from the mechanical space into surrounding occupied areas; and
(c) Structure -borne noise which is induced by vibration of the mechanical equipment and is
perceived as noise in surrounding spaces. We will define the acceptable mechanical noise for
each occupied room based upon generally accepted criteria; calculate expected noise levels
from information provided in the mechanical design documents and by communication with
the mechanical systems' designers as design progresses; and provide recommendations, details
and specifications as required to reduce noise and vibration produced by the systems to
appropriate performance criteria.
For this project, the important mechanical system considerations are:
• HVAC noise into all occupied areas
• Vibration isolation for mechanical equipment
• Noise and vibration from mechanical and electrical rooms
Page 45
ATTACHMENT B.6. ACOUSTICAL DESIGN SCOPE BY STANTEC CONSULTING INC.
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima. Washington
Page 8 of 15 - March 14. 2019
ACOUSTICAL CONSULTING PROCESS AND DELIVERABLES
The above Scope will be addressed during each Design Phase and shall include deliverables as
follows:
SCHEMATIC DESIGN
• Discuss project's acoustical goals and establish and coordinate acoustical criteria to
achieve the project's goals.
• Visit the existing facility to review existing rooms and HVAC systems.
• Narrative describing Acoustical design criteria, preliminary architectural acoustics design
concepts, and early consideration for the mechanical system noise and vibration
control.
• Schematic design meetings/site visits. One visit to the existing facility
DESIGN DEVELOPMENT
• Architectural base plans marked to key wall types and floor/ceiling Types
• Interior surface recommendations
• Preliminary specifications of pertinent acoustical materials and construction elements
• Preliminary mechanical system noise and vibration control measures coordination and
recommendations.
• Preliminary specifications of mechanical/vibration materials, methods, and construction
elements
• Design development meetings/site visits. One meeting in Spokane has been included for
the Design Development phase of the project
CONSTRUCTION DOCUMENTS
• Review and confirm design development documentation and Owner's program,
budget, and schedule
• Acoustical construction details and assembly types prepared in AutoCAD compatible
format
• Construction specifications of acoustical materials and assembly types
• Finalize mechanical system noise and vibration control recommendations and provide
details where needed.
• Construction specifications of mechanical/vibration materials, devices, and sound
power levels
• Written descriptions of construction instructions, catalog cuts and completed
performance criteria
• Construction documents meetings/site visits. One meeting in Spokane has been
included in our fee estimate for the Construction Document phase of the project
BIDDING OR NEGOTIATION
• Review of bid documents to evaluate the accuracy and completeness of the acoustical
and vibration control scope in the bid package
• Assess the qualifications of the bidding contractor
• Comments in the form of a brief memo
Page 46
ATTACHMENT B.6. ACOUSTICAL DESIGN SCOPE BY STANTEC CONSULTING. INC.
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 9 of 15 - March 14. 2019
CONSTRUCTION ADMINISTRATION
• Answer contractor's Requests For Information (RFI's) that relate to the above defined
acoustical scope
• Review submittals, shop drawings and samples that relate to the above defined
acoustical scope
• Site visits during construction that will include observations of the construction details
related to specific acoustical designs. Three observations have been included in our fee
estimate.
• Observation reports, which may include "punch lists" for contractor attention.
ACOUSTICAL DESIGN OPTIONAL SERVICES AND EXCLUSIONS
OPTIONAL SERVICES
Additional Services may be provided for additional fee and may include, but are not limited to:
• Attendance at meetings in excess of those meetings stated herein
• Conducting site visits to observe installation or punch list that are in excess of those visits
stated herein
EXCLUSIONS
Any Architectural Acoustics and/or Mechanical system noise and vibration control scope,
process and deliverables not identified in this attachment shall be Additional Services, and may
be provided as defined in Attachment D. Proposal Terms and Conditions.
END ATTACHMENT 8.6. ACOUSTICAL DESIGN SCOPE BY STANTEC CONSULTING, INC
Page 47
ATTACHMENT B.7' AUDIOVISUAL CONSULTING SCOPE BY STANTEC. INC.
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima. Washington
Page 10 of 15 - March 14, 2019
This Attachment defines our Proposed Audiovisual Engineering & Consulting scope, process, and
deliverables. Refer to the fee proposal cover letter and other attachments for additional
information.
AV CONSULTING SERVICES SCOPE
The following Scope is included in this Proposal:
DESIGN SCOPE
• MEETING ROOMS
• PREFUNCTION AREA
AV CONSULTING PROCESS AND DELIVERABLES
The above Scope will be addressed during each Design Phase and shall include deliverables as
follows:
DESIGN DEVELOPMENT
• Review and confirm schematic design documentation and Owner's program, budget
and schedule
• Participate in departmental end user space programming meetings to identify and
coordinate requirements for device connectivity and associated communication outlets.
One visit to the existing facility and meeting with staff has been included in our fee
estimate
• Prepare sight line studies to determine appropriate image dimensions and locations for
display devices
• AV design development drawings, sketches to include
• Drawings showing locations of audio/video devices in the various rooms.
• Coordinate with design team members regarding the impact of audio/video systems on
architectural, electrical, lighting and casework design issues. One on-line meeting has
been included in our fee estimate
CONSTRUCTION DOCUMENTS
• Review and confirm design development documentation and Owner's program, budget
and schedule
• AV construction documents to include
• Electrical coordination drawings showing locations of audio/video electrical
requirements (conduits, power, and junction boxes) to support the audio/video
systems. This information will be provided to the electrical consultant for integration
into the construction documents. One initial issue and one revision have been
included in the scope
• Specifications detailing the technical responsibilities for installation and testing
procedures of the AV systems.
• AV system diagrams, showing functional interconnection requirements for equipment
• AV equipment list, selecting major pieces of equipment with make and model
number
Page 48
ATTACHMENT B.7• AUDIOVISUAL CONSULTING SCOPE BY STANTEC, INC.
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 11 of 15 - March 14, 2019
• Participate in review meetings of the equipment specification package with the client
Two on-line meetings have been included in our fee estimate
BIDDING OR NEGOTIATION
• Review potential audio/video systems contractors and the qualifications of contractors
suggested by others.
• Issue responses to requests for substitution and provide clarification for contractor's
questions during the bidding period.
• Review and comment on bid submittals
CONSTRUCTION ADMINISTRATION
• Answer non -frivolous contractor's Requests For Information (RFI's)
• Review one package of submittals and shop drawings and one resubmittal package for
systems in the above defined scope
• Review and assess vendor and contractor claims for change orders
• Construction site visits
• One substantial completion observation with written punch list and completion
recommendations after the audiovisual systems contractor has completed their
installation, testing and commissioning process.
• Final completion observation and punch list verification site visit after the audiovisual
systems contractor has indicated final completion
AV CONSULTING OPTIONAL SERVICES AND EXCLUSIONS
OPTIONAL SERVICES
Additional Services may include, but are not limited to
• Attendance at meetings in excess of those meetings stated herein
• Conducting site visits to observe installation or punch list that are in excess of those visits
stated herein
• Commissioning services
• Owner training
• Develop As -Built Drawings based upon Contractor Mark-Ups/Electronic Files
EXCLUSIONS
Any Audiovisual Consulting scope, process and deliverables not identified in this attachment
shall be Additional Services, and may be provided as defined in Attachment D: Proposal Terms
and Conditions.
END ATTACHMENT B.7 AUDIOVISUAL CONSULTING SCOPE BY STANTEC, INC.
Page 49
ATTACHMENT C. ELECTRONIC DOCUMENT REQUIREMENTS
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 12 of 15 -March 14, 2019
This proposal is based upon producing and receiving electronic drawing and model files for the
project in the latest version of Revit It is also based upon the following assumptions:
• Stantec will be provided with an architectural model by the Architect and necessary
model information by the other design team members.
• Backgrounds are to be provided with visibility of architectural annotation layers and/or
elements controllable separate from other background elements
• Model updates shall be no more frequent than bi-weekly (every two weeks) throughout
Design Development and Construction Document phases.
• Uploads of Stantec's models shall be no more frequent than bi-weekly (every two weeks)
throughout the Design Development and Construction Document phases.
• LOD 300 as defined by BIMForum's 2013 Level of Development Specification, not
including as -built physical characteristics that may differ from the design intent model.
• Stantec will setup and develop the design intent model during Design Development
phase using linked Revit model(s) provided by the design team.
• Stantec will complete the design intent model and construction drawings during the
Construction Document phase using linked Revit model(s) provided by the design team.
• Stantec may provide the construction contractor with the model and drawing files to
support the contractor's completion of record documents.
Stantec has found that when design teams take a structured approach to BIM modeling with
stated clear expectations, it creates the environment for a successful project This proposal
assumes that there will be a team BIM kickoff meeting and that Stantec's BIM Kick -Off Meeting
FAQ will be responded to prior to Stantec creating its model.
While the following services may be provided, they are not included in this proposal:
• Changing versions of Revit during the project
• Using non-Stantec Revit Standards, including, but not limited to, families, fonts, and
worksets.
• Converting models to AutoCAD drawings.
If the electronic document and drawing requirements of this project differ from the above
assumptions and understandings, Stantec can update its scope of work and fee to match the
requirements.
END ATTACHMENT C. ELECTRONIC DOCUMENT REQUIREMENTS
Page 50
ATTACHMENT D: PROPOSAL TERMS AND CONDITIONS
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 13 of 15 -March 14, 2019
The following Terms and Conditions are attached to and form part of a proposal for services to
be performed by Consultant and together, when the CLIENT authorizes Consultant to proceed
with the services, constitute the AGREEMENT Consultant means the Stantec entity issuing the
Proposal.
DESCRIPTION OF WORK: Consultant shall render the services described in the Proposal
(hereinafter called the "SERVICES") to the CLIENT
DESCRIPTION OF CLIENT: The CLIENT confirms and agrees that the CLIENT has authority to enter
into this AGREEMENT on its own behalf and on behalf of all parties related to the CLIENT who
may have an interest in the PROJECT
TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to
modify or vary these Terms and Conditions shall be binding unless hereafter made in writing and
signed by the CLIENT and Consultant. In the event of any conflict between the Proposal and
these Terms and Conditions, these Terms and Conditions shall take precedence. This
AGREEMENT supersedes all previous agreements, arrangements or understandings between the
parties whether written or oral in connection with or incidental to the PROJECT
COMPENSATION: Payment is due to Consultant upon receipt of invoice. Failure to make any
payment when due is a material breach of this AGREEMENT and will entitle Consultant, at its
option, to suspend or terminate this AGREEMENT and the provision of the SERVICES. Interest will
accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per
annum) or the maximum legal rate of interest. Unless otherwise noted, the fees in this agreement
do not include any value added, sales, or other taxes that may be applied by Government on
fees for services. Such taxes will be added to all invoices as required.
NOTICES: Each party shall designate a representative who is authorized to act on behalf of that
party. All notices, consents, and approvals required to be given hereunder shall be in writing and
shall be given to the representatives of each party
TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days
notice in writing. If either party breaches the AGREEMENT and fails to remedy such breach within
seven (7) days of notice to do so by the non -defaulting party, the non -defaulting party may
immediately terminate the Agreement Non-payment by the CLIENT of Consultant's invoices
within 30 days of Consultant rendering same is agreed to constitute a material breach and,
upon written notice as prescribed above, the duties, obligations and responsibilities of
Consultant are terminated. On termination by either party, the CLIENT shall forthwith pay
Consultant all fees and charges for the SERVICES provided to the effective date of termination.
ENVIRONMENTAL: Except as specifically described in this AGREEMENT, Consultant's field
investigation, laboratory testing and engineering recommendations will not address or evaluate
pollution of soil or pollution of groundwater.
PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, Consultant will provide and exercise
the standard of care, skill and diligence required by customarily accepted professional
practices normally provided in the performance of the SERVICES at the time and the location in
which the SERVICES were performed.
LIMITATION OF LIABILITY: The CLIENT releases Consultant from any liability and agrees to defend,
indemnify and hold Consultant harmless from any and all claims, damages, losses, and/or
expenses, direct and indirect, or consequential damages, including but not limited to attorney's
fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the
performance of the SERVICES, excepting liability arising from the sole negligence of Consultant.
It is further agreed that the total amount of all claims the CLIENT may have against Consultant
under this AGREEMENT, including but not limited to claims for negligence, negligent
Page 51
ATTACHMENT D' PROPOSAL TERMS AND CONDITIONS
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 14 of 15 -March 14, 2019
misrepresentation and/or breach of contract, shall be strictly limited to the amount of the
professional fees paid to Consultant for the SERVICES. No claim may be brought against
Consultant more than two (2) years after the cause of action arose As the CLIENT's sole and
exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or
asserted only against Consultant and not against any of Consultant's employees, officers or
directors.
Consultant's liability with respect to any claims arising out of this AGREEMENT shall be absolutely
limited to direct damages arising out of the SERVICES and Consultant shall bear no liability
whatsoever for any consequential loss, injury or damage incurred by the CLIENT, including but
not limited to claims for loss of use, loss of profits and/or loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed
buildings may contain mold substances that can present health hazards and result in bodily
injury, property damage and/or necessary remedial measures. If, during performance of the
SERVICES, Consultant knowingly encounters any such substances, Consultant shall notify the
CLIENT and, without liability for consequential or any other damages, suspend performance of
services until the CLIENT retains a qualified specialist to abate and/or remove the mold
substances. The CLIENT agrees to release and waive all claims, including consequential
damages, against Consultant, its subconsultants and their officers, directors and employees
arising from or in any way connected with the existence of mold on or about the project site
whether during or after completion of the SERVICES. The CLIENT further agrees to indemnify and
hold Consultant harmless from and against all claims, costs, liabilities and damages, including
reasonable attorneys' fees and costs, arising in any way from the existence of mold on the
project site whether during or after completion of the SERVICES, except for those claims,
liabilities, costs or damages caused by the sole gross negligence and/or knowing or willful
misconduct of Consultant Consultant and the CLIENT waive all rights against each other for
mold damages to the extent that such damages sustained by either party are covered by
insurance
DOCUMENTS. All of the documents prepared by or on behalf of Consultant in connection with
the PROJECT are instruments of service for the execution of the PROJECT. Consultant retains the
property and copyright in these documents, whether the PROJECT is executed or not These
documents may not be used for any other purpose without the prior written consent of
Consultant In the event Consultant's documents are subsequently reused or modified in any
material respect without the prior consent of Consultant, the CLIENT agrees to defend, hold
harmless and indemnify Consultant from any claims advanced on account of said reuse or
modification.
Any document produced by Consultant in relation to the Services is intended for the sole use of
Client The documents may not be relied upon by any other party without the express written
consent of Consultant, which may be withheld at Consultant's discretion. Any such consent will
provide no greater rights to the third party than those held by the Client under the contract, and
will only be authorized pursuant to the conditions of Consultant's standard form reliance letter
Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in
electronic format ("Electronic Files") CLIENT shall release, indemnify and hold Consultant, its
officers, employees, Consultant's and agents harmless from any claims or damages arising from
the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of
Consultant, are not to be used for any purpose other than that for which they were transmitted,
and are not to be retransmitted to a third party without Consultant's written consent
FIELD SERVICES. Consultant shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection
Page 52
ATTACHMENT Do PROPOSAL TERMS AND CONDITIONS
Mr Rustin Hall
Yakima Convention Center Expansion - Yakima, Washington
Page 15 of 15 —March 14, 2019
with work on the PROJECT, and shall not be responsible for any contractor's failure to carry out
the work in accordance with the contract documents. Consultant shall not be responsible for
the acts or omissions of any contractor, subcontractor. any of their agents or employees, or any
other persons performing any of the work in connection with the PROJECT Consultant shall not
be the prime contractor or similar under any occupational health and safety legislation.
GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and
enforced in accordance with the laws of the jurisdiction in which the majority of the SERVICES
are performed. Consultant shall observe and comply with all applicable laws, continue to
provide equal employment opportunity to all qualified persons, and to recruit, hire, train,
promote and compensate persons in all jobs without regard to race, color, religion, sex, age,
disability or national origin or any other basis prohibited by applicable laws.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or Consultant, the CLIENT and
Consultant shall attempt to resolve any dispute between them arising out of or in connection
with this AGREEMENT by entering into structured non -binding negotiations with the assistance of
a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the
parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the
mediator, if mutually agreed, the dispute shall be referred to arbitration pursuant to laws of the
jurisdiction in which the majority of the SERVICES are performed or elsewhere by mutual
agreement.
ASSIGNMENT: The CLIENT and Consultant shall not, without the prior written consent of the other
party, assign the benefit or in any way transfer the obligations under these Terms and Conditions
or any part hereof.
SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the
AGREEMENT shall be binding on the CLIENT and Consultant
END ATTACHMENT D. PROPOSAL TERMS AND CONDITIONS.
Page 53
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.H.
For Meeting of: April 16, 2019
Resolution awarding Request for Qualifications (RFQ) 11903Q
and authorizing an agreement with ALSC Architects, to develop a
design for Yakima Convention Center north expansion
Maria Mayhue, Senior Buyer, Purchasing
On Behalf of Yakima Convention Center
SUMMARY EXPLANATION:
This Agreement includes all architectural design, engineering, bid and construction administration
professional services required as a component of the $12.5 million north expansion of the
Yakima Convention Center. The cost of this phase of the project is not to exceed $1,206,375.
As discussed during 2019 budget planning, the expansion will be funded by new debt to be
issued. Debt service will commence in 2020 following the 2019 final payoff of 2004 General
Obligation debt. 2007 General Obligation debt continues to be repaid through 2027, so a
combination of PFD and Lodging Tax revenues continue to provide project funding completely
separate from General Fund.
A feasibility study was prepared by KDF (now KDA) Architecture on 7/13/18. On November 6,
2018, Council approved the Yakima Convention Center Capital Facility Plan 2019-2022,
including the north expansion as proposed.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
2
ATTACHMENTS:
Description Upload Date
D ra5oli bon 4 5 2019
D 11%30 AGREEMENT 2 201g
D a[tachment 4 E 2019
Type
Geer Memo
aolract
Cever Memo