HomeMy WebLinkAbout04/26/2022 05. Discussion of the draft Request for Proposals for development of the property on the East side of South 3rd Street between East Walnut and East Spruce (across from the Law and Justice Building) Y�'1114'+
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.
For Meeting of:April 26, 2022
ITEM TITLE: Discussion of the draft Request for Proposals for development of
the property on the East side of South 3rd Street between East
Walnut and East Spruce (across from the Law and Justice
Building)
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
As part of the evaluation of City-owned properties, the City listed all properties that could be used
for development of residential or mixed uses. The property located across the street from the
Law and Justice Building, which is currently parking lots and office space, could be used for such
developments. Attached for discussion is a draft RFP for development of the site. After
discussion, the Council may direct staff to make changes to the RFP and/or issue the RFP to the
public to solicit proposals to develop the property.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Direct staff to finalize the RFP based on the conversation at today's study session and place it on
an upcoming council meeting agenda.
ATTACHMENTS:
Description Upload Date Type
D RFP 12226P Development of City-Owned Property 4/18/2022 Backup Material
❑ RFP 12226P black&white 4/18/2022 Backup Material
2
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Request for Proposals (RFP) 12226P
Development of City-Owned Property
(2022 - Phase 1)
Yakima County Assessor Tax Nos: 191319-24514 & 191319-24459
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Submit Proposals To: Issue Date: , 2022
Yakima City Hall Proposals Due: , 2022
City Clerk's Office
129 N 2nd Street 11:00 a.m. PST
Yakima, WA 98901
12226P Development of City-Owned Property(2022-Phase 1) Page 1 of 25
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Table of Contents
Section 1 Project Summary 3
Development Vision 3
Section 2 Project Introduction 3
Community Overview 3
Community Housing Needs Overview 4
Site Overview 5
Available Analysis 5
Section 3 General Project Comments/Standard Condition of Approval 6
Section 4 Proposal Submittal Instructions 6
Section 5 Proposal Questions/Request for Information 8
Section 6 Project Timeline 9
Section 7 Inquiries 9
Section 8 Addenda 9
Section 9 Submittal 9
Section 10 Evaluation Criteria 10
Section 11 Notification of Award 10
Section 12 Developer's Responsibilities and Scope of Services 10
Entitlements 11
Predevelopment Costs 11
Legislative Action 11
Construction 11
Section 13 RFP General Terms and Conditions 11
Public Disclosure 11
Retention of Rights 12
Costs for developing responses 12
Cooperative Purchasing 12
Non-Discrimination 12
ATTACHMENT A—SAMPLE PROFESSIONAL SERVICES AGREEMENT 13
12226P Development of City-Owned Property(2022-Phase 1) Page 2 of 25
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City of Yakima
Request for Proposals (RFP) 12226P
Development of City-Owned Property (2022—Phase 1)
Section 1 Project Summary
The City of Yakima ("City")is seeking development proposals("Proposals") from qualified firms("Developers")for the
opportunity to purchase and develop two contiguous City-owned properties in the downtown area of Yakima. The
site consists of two properties located on South 3'd Street between East Walnut Street and East Spruce Street (see
Exhibit C).
Because of its proximal location to the downtown business core, the City Council considers this site important in that
it offers a unique opportunity for downtown development to include housing with a possible retail or commercial first
floor component.The site is zoned General Commercial.
Development Vision
The vision for the property's development is still emerging, but it involves adding residential units to the downtown
area.The City will review Developer proposals and evaluate them based on pre-determined criteria which will include:
number of housing units created, market demand, possible job creation through first floor commercial use, types of
housing created, and best benefit to the City (see Section 10). Note: the final award determination will be made by
the City Council.
Section 2 Project Introduction )e111111-
Community Overview
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central Washington
State. It encompasses 28.7 square miles in an area of rich volcanic soil. The City is 145 miles southeast of Seattle,and
200 miles southwest of Spokane, Washington. The region is served by rail, highway and air transportation facilities,
which have helped develop the City as the commercial and business center of Central Washington. With a 2020
population of 96,968,Yakima is the eleventh largest city in the State of Washington.
The City provides a full range of municipal services contemplated by charter or statute. These include public safety
(police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste disposal, sanitary
wastewater utility), water and irrigation utilities,transit,community development, parks and recreation, airport,and
general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears, grapes, and
other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the top agricultural
producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within the County which
produce over thirty types of fruits and vegetables. With its farm production base, the Yakima area is a major food
processing region.
Adding to the area's economy are over 250 manufacturing firms in the Yakima area that produces a variety of products
including wood products,packaging, plastic products,produce and aircraft parts.
12226P Development of City-Owned Property(2022-Phase 1) Page 3 of 25
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Community Housing Needs Overview
The following is a brief summary of housing needs in the City of Yakima.The most recent City of Yakima housing needs
assessment data is contained in the city's recent Housing Action Plan.
The City of Yakima has grown since 2010. The most recent decennial census counted 96,968 residents and the
population is expected to continue growing to an estimated 110,387 people by 2040.
The average household size in Yakima is 2.71, slightly larger than the statewide average of 2.55. While the average
household size is larger relative to the state, more than half(58%) of the city's residents live in single or two-member
households. Renters are more likely to be single-person households than owners.
There is a housing shortage in Yakima for all income levels. Vacancy rates for both apartments and homes for sale are
extremely low, below 1%. When vacancy rates are so low, people looking for new homes have fewer options,
increasing competition for the limited supply of units available.This drives up both rents and home prices.
Local housing prices are rising faster than local incomes.The median home value in Yakima has risen by 38%between
2010 and 2019. Over the same period, the median family income has increased by 19%. This indicates that
homeownership is getting further and further out of reach for many prospective buyers.
In the last 3 years, the city grew by an annual average of 530 new residents,a greater annual amount compared to
2010-2017 at 386 persons per year. To achieve its growth target, the city is projected to add about 745 persons per
year over the next 20 years.
The average household size in Yakima is 2.71. If applying a 2.7 household size to the remaining population target,
about 5,517 dwelling units would be needed between 2020 and 2040.
Many households in Yakima are cost burdened. Between 2012 and 2016, 36%of all households in Yakima were cost
burdened. Cost-burdened households spend a large portion (over 30%) of their available income on housing costs.
This leaves less money available for other important needs like food, transportation, clothing, and education. With
rising housing costs, the number of cost-burdened households has almost certainly increased during the past few
years.
Cost burden is not evenly distributed across households. For example, renters are more cost-burdened than owners.
Nearly 50%of renter households were cost-burdened,compared to about a quarter of all homeowners.
Needs are greatest among low-income households. About three fourths of all households with incomes below 50%of
the county median family income are cost-burdened. Nearly half of these households are severely cost-burdened,
meaning they spend over 50% of their income on housing costs. While there are low-income households living in
neighborhoods across the city, the greatest concentration of low-income households is in eastern Yakima,and many
of these households are Hispanic/Latino ethnicity.
Yakima needs more housing diversity. Over 65% of all housing units in Yakima are single-family homes. Not all
households require or can afford that much space. For example, about 30% of all households in Yakima are singles
living alone, yet only 5%of housing units in Yakima are studios and only 13% have just one bedroom. Increasing the
diversity of housing options available will increase housing supply and provide more choices for residents seeking
more affordable housing that meets their current needs.
12226P Development of City-Owned Property(2022-Phase 1) Page 4 of 25
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Site Overview
The site consists of two contiguous parcels: Yakima County Tax Assessor Parcels 191319-24514 and 191319-
24459. The site is located on South 3"d Street between East Walnut Street and East Spruce Street. It is
currently being used as offices and training rooms for the Yakima Police Department and a parking lot.
• Site size and topography: The site is approximately 1.26 acres, with level topography. It has
approximately 140 ft of frontage on E Walnut,400 ft of frontage on S 3rd St,and 140 ft of frontage on
E Spruce St. A boundary line adjustment can be completed in order to combine the two parcels.
• Zoning: The property is zoned General Commercial (GC), which allows for multi-family residential
development up to 50 ft in height. The GC does not have a density minimum or maximum. The
complete table of permitted land uses can be found here:
https://www.codepublishing.com/WA/Yakima/#!/Yakimal5/Yakima1504.htm1#15.04.030
• Parking:The off-street parking requirements range from 2 spaces per dwelling for 10 units or less, to
1.5 spaces for each dwelling unit over 10. The complete table of off-street parking standards can be
found here:
• https://www.codepublishing.com/WA/Yakima/#!/Yakimal5/Yakima1506.html#15.06.040
• Lot coverage: Allowable lot coverage in the GC is 100%.
• Setbacks: S 3rd St is designated as a Collector Arterial which requires a 30 ft front yard (or side yard)
setback from the centerline of the road; Alley—0 ft.
• Located in an Opportunity Zone: Census Tract 2 is a Qualified Opportunity Zone.
• Close to transit: East Walnut Street is a major bus line and the bus terminal for most routes
throughout the City of Yakima is located within approximately 500 feet of the property on East Walnut
Street and South 4th Avenue.
• Close to Downtown Services: The site is within walking distance of downtown services including
restaurants, coffee shops, the Capitol Theatre, parks, a movie theater, retail establishments, office
buildings, banks and City Hall.
• Traffic:The site is located southeast of the intersection of South 3rd Street and East Walnut Street at
an intersection controlled by a traffic signal. East Walnut Street is a Minor Arterial street which carries
11,200 Average Daily Trips(ADT). South 3rd Street carries approximately 3,560 ADTs and is a Collector
Arterial Street.
• Utilities:The site is served with both public water and public sewer.
Available Analysis
The City has not completed any environmental review, technical analysis, or other feasibility studies regarding this
site. The selected Developer may need to pursue studies to support their proposed project. A Washington State
Environmental Policy Act (SEPA)analysis and review was completed for the purpose of the surplus process only,and
the City Council will need to declare the property surplus prior to or concurrent with the award of this RFP. The City
anticipates that the surplus will be finalized at the same time as the successful proposal is approved. Additional
environmental review and procedure will likely be required for development pursuant to state and local law.
12226P Development of City-Owned Property(2022-Phase 1) Page 5 of 25
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Section 3 General Project Comments/Standard Condition of Approval
The intended outcome of this Request for Proposals ("RFP") process is a Letter of Intent to Award, subject to
negotiations per this RFP, that will establish a negotiation period to negotiate the terms and conditions, and further
define the scope,design,overall use and development of the Project, upon which the selected Developer can develop
the preferred project on the City Parcels, including purchase of the Site.
During the RFP period, Developers and their employees, agents or representatives shall have the right to reasonable
access to the City Parcels, undertaking any necessary due diligence to ensure that the City Parcels are suitable for
Developer's intended use. Developer agrees to the Indemnification Clause below during the due diligence period
associated with this RFP when accessing the property for any purpose. However,access to Parcel 191319-24514 shall
be done only after scheduling an appointment with the City.
INDEMNIFICATION CLAUSE
NOTWITHSTANDING ANYTHING ELSE IN THIS RFP, DEVLEOPER AGREES TO RELEASE, INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE CITY, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INSURERS, ATTORNEYS, AND VOLUNTEERS FROM ALL LIABILITIES, LOSSES, DAMAGES, AND
EXPENSES RELATED TO ALL CLAIMS ARISING OUT OF THE EXERCISE BY THE DEVELOPER OF THIS RIGHT OF ACCESS,
EXCEPT FOR CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE.
*Note:Also see liability clause in contract.
Section 4 Proposal Submittal Instwctions
A complete, concise and professional response to this RFP will enable the City to identify the Developer who will
provide the highest benefit to the City and will be indicative of the level of the Developer's experience and
commitment to the proposed project. Proposals must demonstrate that the approach, design, and financing plan for
the proposed project will allow the project's successful development and delivery.
The following minimum information should be provided in each proposal and will be utilized in evaluating each
proposal submitted. To expedite the evaluation of proposals, submittals should be no more than thirty (30) pages.
Proposals should include the following items:
1. Letter of Introduction and Project Understanding: Indicate interest in this project and working with the
City,and any other information that would assist the City in making its selection, including why your firm
is the best qualified to meet the needs of City of Yakima and this project. Provide a statement to the effect
that the Respondent understands and agrees to obtain a City of Yakima business license, if selected. A
principal or officer of the firm authorized to execute contracts or other similar documents on the firm's
behalf must sign the letter.
2. Financial Capability to perform contract
Proposer shall submit either a current Financial Review or Compilation Report by a CPA firm,which is not
to be older than one (1) year, or a Financial Statement from their bank asserting that Developer has the
Financial Capability to perform this contract. The City reserves the right to use other means to
substantiate Financial Capability, e.g. D&B reports, BBB,etc.
3. Detailed completion of Questions 1 through 5 in Section 5.
4. Scope of Development which shall include the following:
12226P Development of City-Owned Property(2022-Phase 1) Page 6 of 25
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a. The firm/team's statement of qualifications.
b. A narrative description that expresses the firm/team's understanding of the project and vision for
development.The narrative should reflect the Respondent's development design intent,strategy and
implementation expertise,and understanding of the scope of work.
c. Resumes with related expertise of the specific Developer and any other consultant or subcontractor
resumes with relevant expertise and experience.
d. Description of the firm's/team's last three completed projects that demonstrate the Developer's:
(I) Experience in working with municipalities and/or public agencies to develop market rate,
affordable housing,and/or mixed-use housing and commercial properties.
(ii) Ability to complete projects of a similar size, scope and purpose in a timely manner.
(iii) Description of any other completed projects (representative examples) of similar types of
projects. Include current addresses, telephone numbers, and the names of reference
contacts for each project. Similar project descriptions should be submitted for all
subcontractors.
e. Proposed offer price to purchase the Site(s).
f. Analysis of the proposed housing creation,types of housing created and the benefits of the housing
and Project uses proposed for the Site.
g. If the proposed Project includes a commercial component, an analysis of the proposed job creation
potential,market demand,and the economic and financial benefits of various potential uses proposed
for the Site.
h. A proposed approach for undertaking this development, including:
(I) Detailed scope of work;and
(ii) Schedule for predevelopment analysis, entitlement review,construction,etc.
i. Standard statements:
(i) A statement that this RFP shall be incorporated in its entirety as a part of any resulting
agreement.
(ii) A statement that this RFP and the Developer's proposal will jointly become part of the
resulting agreement for this project when the Agreement is fully executed by the Developer
and the City.
(iii) A single and separate section "EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL",
including the attached sample Agreement (Attachment A). This section shall include a
complete and detailed description of any/all of the exceptions to the provisions and
conditions of this Request for Proposal upon which the Developer's proposal is contingent.
The City will only accept or negotiate exceptions if it is in the best interest of the City to do
so.
(iv) A statement that the Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, gender identity, sex, national origin, or any
protected class under federal or state law.
(v) A statement that the Developer believes its Proposal meets all the requirements set forth in
the RFP.
12226P Development of City-Owned Property(2022-Phase 1) Page 7 of 25
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(vi) A statement that the individual signing the Proposal is authorized to make decisions as to the
details of the Proposal for the Developer and all of the partners and/or team members
associated with the Proposal.
Developers responding to this RFP must comply with the requirements herein as well as all federal, state, and local
laws. The City reserves the right to exclude any responses from consideration that do not follow the required format
or include all required documents.
Section 5 Proposal Questions/Request for Information
To evaluate the alternatives and select the appropriate Developer, the City is requesting development proposals that
will help the City finalize its vision and move ahead with property disposition and development. Proposals must include
responses to the following questions (please be thorough in your answers):
1. Description of the Developer's proposed project:
a. Square footage of building space;
b. Square footage of building space dedicated to housing units;
c. Number of proposed housing units and type(i.e.studio,one-bedroom,two-bedroom and three-bedroom
units);
d. Percentage of housing units that will be considered affordable to low-income and very-low-income
households as defined in RCW 43.63A.510, if any;
e. Percentage of housing units that will be considered market rate;
f. Proposed method of providing parking (i.e. underground, first floor, open parking space and whether a
parking variance will be sought;
g. Square footage of ground floor commercial space and number of spaces proposed,if the proposal includes
commercial space;
h. Any greenspace or public spaces;
i. Proposed building materials to be used in the façade and exterior of the building;
j. Conceptual design, site plan and development plan;and
k. Anticipated timeline from time of property transfer to completion of development project. If it is intended
to be developed in phases,please so state and outline each of the phases with specificity.
2. Description of the Developer's experience developing the proposed type of project elsewhere:
a. Name and location of project(s);
b. Description of project(s);
c. Completion date of project(s);
d. Experience in dealing with other City projects and/or experience in purchasing government property for
private development and/or affordable housing;
e. City project contact person and contact information for completed projects;and
f. Website addresses of completed projects, if any.
3. Explanation of the role the Developer's organization will play in the proposed project and a list of other
partners and their roles (if any).
4. The proposed general timeframe for the development of the Developer's proposed project. If multiple
components or phases are planned,a list of all.
12226P Development of City-Owned Property(2022-Phase 1) Page 8 of 25
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5. Description of the benefit(s)your proposed project brings to the City including, but not limited to:
a. Land sale price offer to purchase the site;
b. Projected property tax revenues from the project;
c. Projected sales tax revenues or other revenues from the project(if applicable);
d. Projected number of direct jobs;and
e. Other benefits to the City.
Section 6 Project Timeline
Time is of the essence in completing this project and the City is seeking a firm that has availability to start work
immediately and complete the scope on an accelerated schedule.
Project Milestone Anticipated Date
RFP Issued May , 2022
Deadline for Submittal of Proposals June 30,2022
Evaluation of Submittals by City July 1 through August 2022
Interviews Begin (if requested) August , 2022
Preliminary Presentations to City Council September , 2022
City Council Considers Letter of Award October , 2022
Project Awarded &Contract Signed October , 2022
Project Kick-Off , 2022
Section 7 Inquiries AdOppr
All inquiries regarding this RFP may be directed to Maria Mayhue, Purchasing Manager at:
Maria.Mavhue(Wvakimawa.gov .
Section 8 Addenda
The City may determine it is necessary to revise any part of this solicitation. Revisions will be made by written addenda
and it is the Developer's responsibility to understand and comply with any addenda to this solicitation.
If a Developer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
RFP,the Developer has an affirmative duty to immediately notify the City of such concern and request consideration
of modification or clarification of the RFP document. Any questions should be submitted via email to the contact
person listed in Section 7.
All material questions will be answered in the form of an addendum and emailed to all firms on the City's Consultant
roster for this RFP.
Section 9 Submittal
Submit RFPs to City of Yakima Clerk's Office: 129 N 2''Street,Yakima,WA 98901, no later than 11:00 a.m.on June
30,2022.All submittals shall be clearly titled: "RFP 12226P— Development of City-Owned Property".
12226P Development of City-Owned Property(2022-Phase 1) Page 9 of 25
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Section 10 Evaluation Criteria
Criteria Maximum Number of Points
Benefit to City 30
Offer price to purchase the site 20
Project understanding and examples of relative work 15
Organizational and projecte team experience; past 15
performance (references)
Financial stability 15
Proposed project timeline and availability 5
Optional Criteria Maximum Number of Additional Points
Benefit to City includies but is not limited to: proposed square footage of commercial space; number of residential
units; percent of market rate residential units; percent of affordable residential units, and residential units for
ownership or rental.
Evaluation of proposals shall be by a committee which evaluates the proposals based on the criteria listed above.
Final award determination will be made by the City Council.
Section 11 Notification of Award
The resulting Letter of Intent to Award resulting from this RFP will make a tentative award and allow the City and
Developer to negotiate the details necessary to transfer the property rights and ensure the proposed project is
developed pursuant to the City's vision and the RFP responsive documents.The Letter of Intent to Award is subject to
successful negotiation and contracting. Developers signing the Letter of Intent to Award shall negotiate with the City
in good faith with regards to the proposed development. The Letter of Intent to Award shall terminate within One
Hundred Eighty (180) days of execution. If documents finalizing the transfer of the property are not signed by both
parties (including, but not limited to any purchase and sale agreement, development agreement, and/or other
necessary documents for title transfer) OR if the Letter of Intent to Award is terminated, the City may, upon approval
by the City Council, enter into a Letter of Intent to Award to the next highest scoring Developer under this RFP, and
so on,or, may choose to negotiate with none of the responders to this RFP. The decision is in the sole discretion of
the City.
Section 12 Developer's Responsibilities and Scope of Services
Following Developer selection and execution of a Letter of Award, Developer shall proceed with detailed due diligence,
pre-development,and entitlement activities while working with the City to negotiate a Purchase and Sale Agreement
and Development Agreement for the property.
The City anticipates that the general scope of the successful Developer team's responsibilities would include, but not
be limited to:
12226P Development of City-Owned Property(2022-Phase 1) Page 10 of 25
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Entitlements
The Developer shall be responsible for all aspects of the Project including pre-development planning, environmental
review, design and financing. The selected Developer shall be responsible, at its sole expense, for obtaining all land
use and building permits and other government approvals required for its proposed Project.
During the Negotiation Period, the selected Developer shall prepare and process an initial study and undertake all
other actions required under SEPA for City approval of the Project,at Developer's cost. In addition to the initial study,
Developer may,during the Negotiation Period,without any guaranty of approval therefore, seek City approval of any
zoning changes(other than a rezone under YMC 15.23) or other changes necessary to develop the Project as allowed
by Title 15 Yakima Municipal Code or other applicable code sections.
Predevelopment Costs
The selected Developer shall bear all predevelopment costs relating to this Project. All fees and/or expenses of
engineers, architects, financial consultants, attorneys, planning or other consultants or contractors retained by
Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, surveys, planning
and/or design activities, drawings, specifications or other activity or matter relating to the Project shall be the sole
responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be
deemed to be undertaken for the benefit of, at the expense of,or in reliance upon the City.
Legislative Action
City and Developer acknowledge that the City must exercise its independent legislative authority in making any and
all findings and determinations required of it by law concerning City Parcels. Developer selection does not restrict the
legislative authority of the City in any manner whatsoever and does not obligate the City to enter into the Letter of
Award,surplus the property,enter into any Purchase and Sale Agreement or Development Agreement,or to take any
course of action with respect to the City Parcels or the Project.
Construction
The Developer shall be responsible for demolition,construction and commissioning of the Project including obtaining
all permits, fees,and approvals necessary for construction of the Project.
Section 13 RFP General Terms and Conditions
Public Disclosure
Per Washington State Public Disclosure Act(RCW 42.56 et seq.), documents submitted under this Specification shall
be considered public records and, with limited exceptions, will be made available for inspection and copying by the
public.
Respondents should be aware that any records they submit to the City or that are used by the City, even if the
Respondents possess the records, may be public records under the Washington Public Records Act (RCW 42.56). The
City must promptly disclose public records upon request unless a statute exempts them from disclosure. Respondents
should also be aware that if even a portion of a record is exempt from disclosure, generally, the rest of the record
must be disclosed. Exemptions, including those for trade secrets and "valuable formula," are narrow and specific.
Appropriately identified trade secrets will be kept confidential to the extent permitted by law. Any proposal section
alleged to contain proprietary information will be identified by the proposer in boldface text at the top and bottom as
12226P Development of City-Owned Property(2022-Phase 1) Page 11 of 25
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"PROPRIETARY." Designating the entire proposal as proprietary is not acceptable and will not be honored. Submission
of a proposal will constitute an agreement to this provision for public records. Pricing information is not considered
proprietary information.
It is the intention of the City to maintain an open and public process in the solicitation, submission, review and
approval of this RFP. RFP proposal openings and review will be public.
Retention of Rights
The City reserves the right to cancel this RFP or accept or reject any or all proposals submitted or to waive any minor
formalities of this call if the best interest of the City would be served.
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal, regardless of whether
that proposal is selected.Submission of a proposal indicates acceptance by the proposing Developer of the conditions
contained in this RFP, unless clearly and specifically noted.
Costs for developing responses
The City will not reimburse Respondents for any costs involved in the preparation and submission of responses to this
RFP or in the preparation for and attendance at subsequent interviews. Furthermore, this RFP does not obligate the
City to accept or contract for any expressed or implied services. The City reserves the right to request any Respondent
to clarify their Proposal or to supply any additional material deemed necessary to assist in the evaluation of the
Respondent. All responses and accompanying material will become the property of the City and will not be returned.
Cooperative Purchasing
The Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may
purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein
if all parties agree. The City of Yakima does not accept any responsibility or involvement in the purchase orders or
contracts issued by other public agencies.
Non-Discrimination
The City hereby notifies all Respondents that it will affirmatively ensure compliance with WA State Law Against
Discrimination (RCW chapter 49.60) &the Americans with Disabilities Act(42 USC 12101 et set.)
Developer will be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990,and will
be an equal opportunity employer as defined in Title VII of the Civil Rights Act of 1964, and applicable Washington
State law. As such, Developer will not discriminate against any person on the basis of race, religious creed, color,
national origin, ancestry, disability, medical condition, marital status, age, gender identity, or sex with respect to
hiring, application for employment, tenure or terms and conditions of employment. Developer agrees to abide by all
federal,state and local laws, regulations,ordinances and resolutions.
12226P Development of City-Owned Property(2022-Phase 1) Page 12 of 25
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ATTACHMENT A—SAMPLE PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
FOR
12226P DEVELOPMENT OF CITY-OWNED PROPERTY
(2022—PHASE 1)
THIS PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2022, between the City of Yakima,
a Washington municipal corporation ("City"), and , ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement of Work
The minimum services (hereinafter referred to as "Services") that the Contractor will provide include services described in RFP
12226P which are attached as Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the
deliverables and payment schedule of itemized prices as listed in the Contractor's Proposal submittal at the time and in the manner
and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract
on a month-to-month basis for up to twelve (12) additional months. Contract extensions shall be automatic, and shall go into effect
without written confirmation, unless the City provides advance notice of the intention to not renew.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of
the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
7. Inspection and Production of Records
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a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to
the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine,
audit and copy)all of Contractor's books, documents, papers and records which are related to the Services performed
by Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City.
The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or
otherwise, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist or may
hereafter be amended or enacted. Contractor shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful execution of the work.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the
due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all
charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under ROW 39.06.101
or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
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e. Foreign (Non-Washington)Corporations: Although the City does not require foreign corporate proposers to qualify in
the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima,
at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event
that the award is made, prior to conducting any business in the City.
10. Nondiscrimination Provision
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age,
marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any
sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60)or the
Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations,
or orders,this Contract may be cancelled,terminated, or suspended in whole or in part and the Contractor may be declared ineligible
for any future City contracts.
11. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to
the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of
other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure
is(a) in response to a formal complaint or charge, (b)in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or(c) consistent with the contractor's legal duty to furnish information.
12. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The
Contractor agrees to release, indemnify,defend,and hold harmless the City,its elected and appointed officials,officers,
employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by
the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with
establishing the right to indemnification hereunder in favor of the City.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or
omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys'fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of
this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit
acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or
indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
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RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge
that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to ROW 4.24.115,then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
13. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein.
A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance
shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's
insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs, or other payments made
by Contractor's insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and
effect,all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient
cause for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional
insured endorsements as proof of commercial liability insurance with a minimum liability limit 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.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the
City, its elected and appointed officials,employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and
additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds,and shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City 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. The requirements contained herein,as well as City of Yakima's review or acceptance
of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract.
b. Automobile Liability Insurance
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Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of
automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor
carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected
and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is,the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional
insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City 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. The requirements contained herein,as well as City of Yakima's review or acceptance
of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s)shall at all times comply with all applicable workers' compensation, occupational disease, and
occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability
insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor
or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims
arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure
subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit
Contractor's liability or responsibility.
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance coveting professional errors and omissions. Contractor
shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of Two
Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, 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. The insurance shall be with an insurance company or companies rated A-VII
or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this contract. If insurance is on a claims made form, its retroactive date, and that of all subsequent
renewals,shall be no later than the effective date of this Contract.
14. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity
shall not affect other terms,conditions or applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Contract are declared severable.
15. Contract Documents
This Contract, the Request for Proposals No. 12226P Development of City-Owned Property (2022 — Phase 1), Scope of Work,
conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents)constitute
the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order
respectively,supersede other inconsistent provisions.These Contract Documents are on file in the Office of the Purchasing Manager,
129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
16. Termination
Termination for Cause:
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In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within thirty(30)days of
this notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City failes to cure its breach of the Contract within sixty(60)days of this
notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary,
or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee; or
Termination for Convenience:
The City may terminate the Contract,without cause, by providing thirty(30)days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole
discretion of the City,the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund
for goods or services paid for but not received or implemented, such refund to be paid within thirty(30) days of written notice to the
Contractor requesting the refund.
Change in Funding: In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract
are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this
Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date
specified in the notice of termination.
17. Dispute Resolution
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 contract, and if the parties hereto cannot mutually settle such differences, then the
parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then
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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.
18. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City
ordinance, may re-award the contract to the next most responsible Proposer within One Hundred Twenty (120) days from original
award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is
terminated by the City for cause as herein provided,the City reserves the right to re-award the contract to the next most responsible
Proposer within One Hundred Twenty(120)days from original award.
19. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written amendment, signed by the
City Manager, or pursuant to Section 48 below entitled"Change or Notice". Any violation of this procedure by the Contractor will be
considered cause for immediate cancellation of the Contract for cause by the City.
20. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may be required to
perform and provide the services in accordance with the terms of this Contract: personnel, labor, products and supervision; and
technical,professional and other services. All such services,products,property and other items furnished or required to be furnished,
together with all other obligations performed or required to be performed,by Contractor under this Contract are sometime collectively
referred to in this Contract as the"(Services)."
21. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned in another
shall be performed to the same extent as though required by all. Details of the services that are not necessary to carry out the intent
of this Contract, but that are not expressly required, shall be performed or furnished by Contractor as part of the services, without
any increase in the compensation otherwise payable under this Contract.
22. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty(30) days after the City's receipt and verification
thereof; provided, however,that all such payments are expressly conditioned upon Contractor providing services hereunder that are
satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice. To insure prompt
payment, each invoice should cite purchase order number, RFP number, detailed description of work, unit and total price, discount
term and include the Contractor's name and return remittance address.
Contractor will mail invoices to the City at the following address:
City of Yakima
Attn: Cally Price
City Manager's Office
129 N 2nd Street
Yakima, WA 98901
23. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual
matters arising hereunder,including the performance of services and the payment of any and all charges resulting from its contractual
obligations.
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24. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular associates or employees of
Contractor shall be engaged on such work or services. Contractor shall not(by contract,operation of law or otherwise)delegate or
subcontract performance of any services to any other person or entity without the prior written consent of the City. Any such
delegation or subcontracting without the City's prior written consent shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent, shall relieve
Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall be fully responsible for the
performance, acts and omissions of Contractor's employees, Contractor's subcontractors, and any other person who performs or
furnishes any services(collectively,the"Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance
of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative of the City. In no event
shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. Neither the Contractor nor
any employee of the Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely responsible
for payment of any statutory workers compensation or employer's liability insurance as required by state law. The Contractor will
have an active account with the Department of Revenue, other state agencies as needed, and a separate set of books or records
that reflect all items of income and expenses of the business that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. At the time of
performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services in accordance with
this Contract. Subject to compliance with the requirements of this Contract,Contractor shall perform the services in accordance with
its own methods.
25. Licenses
If applicable, Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal
Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the
award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration,telephone(509)575-6121.
In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their
registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautions to protect against any bodily injury(including death) or property damage that may
occur in connection with the services.
26. Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any subcontractor,the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor
for any further work/services under this Contract.
27. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal
income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed
a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales tax(currently at 8.3%). Tax will not be
considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the City to take any sales tax and
B&O tax that is will receive from purchasing supplies, materials and equipment within its boundaries into consideration when
determining the lowest responsible Proposer.
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28. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
29. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in such form as the
City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be
incurred in connection therewith, and any other matter are to be covered by this Agreement.
The records relating to the services shall, at all times, be subject to inspection by and with the approval of the City, but the making
of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the
services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its
substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities and equipment for
such inspection and free access to such facilities.
30. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be
kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and
local ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any
contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable to the contract for a
period of not less than three(3)years after final payment is made.
31. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other than the limited
purposes set forth in this Contract,and all related and necessary actions taken in fulfillment of the obligations there under. Contractor
shall hold all Confidential Information in confidence, and shall not disclose such Confidential Information to any persons other than
those directors, officers, employees, and agents ("Representatives") who have a business-related need to have access to such
Confidential Information in furtherance of the limited purposes of this Contract and who have been apprised of,and agree to maintain,
the confidential nature of such information in accordance with the terms of this Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality of
the Confidential Information while in its possession or control including transportation,whether physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential Information shall be
reproduced by Contractor on any reproduction,modification, or translation of such Confidential Information. If requested by the City
in writing,Contractor shall make a reasonable effort to add a proprietary notice or indication of confidentiality to any tangible materials
within its possession that contain Confidential Information of the City,as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of termination of
this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent such
disclosure is required under law or a court order, provided that the City shall be given prompt written notice of such proceeding if
giving such notice is legally permissible.
32. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances
beyond the City's control are interfering with normal progress of the Service. The Contractor may suspend, in writing by certified
mail, all or a portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's control are interfering
with normal progress of the Service. The Contractor may suspend Service on the Project in the event the City does not pay invoices
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when due, except where otherwise provided by this Agreement. The time for completion of the Service shall be extended by the
number of days the Service 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 the Service on the suspended portion of Project in
accordance with Section 16.
33. Provision of Services
The Contractor shall provide the services set forth herein with all due skill,care, and diligence, in accordance with accepted industry
practices, standards and legal requirements, and to the City 's satisfaction; the City decision in that regard shall be final and
conclusive. The City may inspect, observe and examine the performance of the services performed on the City premises at any
time. The City may inspect, observe and examine the performance of Contractor's services at reasonable times, without notice, at
any other premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the
Contract requirements for any reason, other than as a result of the City's default or negligence,the Contractor shall, at
its own expense, reschedule and perform the services correctly within such reasonable time as the City specifies. This
remedy shall be in addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted
Personnel or its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all of its
obligations in accordance with all legal requirements and City work rules.
34. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under
the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to
notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract
termination.
35. Assignment
This Contract,or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any
other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is
granted,then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
36. No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this Contract.
37. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent
jurisdiction,or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain
in full force and effect.
38. Promotional Advertising 1 News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release
of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.
39. Time is of the Essence
12226P Development of City-Owned Property(2022-Phase 1) Page 22 of 25
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Timely provision of the services required under this Contract shall be of the essence of the Contract, including the provision of the
services within the time agreed or on a date specified herein.
40. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by
the Contractor, as long as the price of such additional products is based on the same cost/profit formula as the listed item/service.
At any time during the term of this contract, other City departments may be added to this contract, if both parties agree.
41. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or services furnished under this contract
are warranted against defects by the Proposer for one (1) year from date of receipt, are new, conform strictly to the specifications
herein, are merchantable, good workmanship, free from defect, are fit for the intended purpose of which such goods and services
are ordinarily employed and if a particular purpose is stated in a Special Condition,the goods are then warranted as for that particular
purpose. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order
will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and
any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and
acceptance of the goods or services.
42. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the
right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
43. Integration
This Contract, along with the City of Yakima's RFP 12226 Development of City-Owned Property (2022 — Phase 1) and the
Contractor's response to the Request for Proposals ("RFP"), represents the entire understanding of the City and Contractor 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 Contract may not be modified or altered except in writing signed by both parties.
44. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays(acts of God, etc.)the date of delivery will be extended for a period equal to the
time lost due to the reason for delay.
45. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
46. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
47. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by
Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this
Contract.
12226P Development of City-Owned Property(2022-Phase 1) Page 23 of 25
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48. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of
the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as
possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service
that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change
in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's
duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently
unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties
at their addresses as follows:
TO CITY OF YAKIMA: COPY TO: TO CONTRACTOR:
Bob Harrison Maria Mayhue
City Manager Purchasing Manager
129 North 2nd Street 129 North 2nd Street
Yakima WA, 98901 Yakima, WA 98901 1%11-
49. Survival
The foregoing sections of this Contract, 1-48 inclusive,shall survive the expiration or termination of this Contract in accordance with
their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA CONTRACTOR NAME
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
12226P Development of City-Owned Property(2022-Phase 1) Page 24 of 25
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ATTACHMENT 2
MAP OF PROPERTY
EXHIBIT A
RFP Specifications
(Separate Attachment)
�_` EXHIBIT B
Deliverables and Payment Schedule of Itemized Prices
(To be Determined)
12226P Development of City-Owned Property(2022-Phase 1) Page 25 of 25
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RFP 12226P: Development of City Owned Property
201 S. 3rd St./207 E. Spruce
CITY COUNCIL STUDY SESSION: APRIL 26, 2022
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BACKGROUND
■ 2021: City Council asks City staff to compile a list of City-Owned Properties in light
of the need for housing for City residents
■ 2021: Staff compiles a list of properties and provides information on each
property to Council, such as zoning, current use, and restrictions on development
■ 2022: City Council approves surplus of 115 South 8th Street and sale of property
to Habitat for Humanity.
■ 2022: Staff develops a draft RFP for the parking lot and property across the street
from the Law and Justice Center for Council's review and input.
RFP PROPERTY LOCATION
Current Use: Parking Lot `d`
and Office Space `� , ,, �, , t ,,,•.s\
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Size: Total size is Ai ar
approximately 1.26 ac. ,�5
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Zoning: General `�
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Commercial \ - ;'
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Assessed Value: j , 3- -i
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$ 1,029,700.00 .'. ,
II II
GENERAL PROVISIONS OF THE RFP
Development Vision Community Housing Needs
The vision for the property's development is • Provides hyperlink to the Housing Action
still emerging, but it involves adding Plan
residential units to the downtown area. The
City will review Developer proposals and • 2020 Population: 96,936
evaluate them based on pre-determined
criteria which will include: number of housing ■ Projected 2040 Population: 110,387
units created, market demand, possible job • Housing issues such as a shortage in
creation through first floor commercial use, units and rapid rise in housing prices.
types of housing created, and best benefit to
the City. Note: the final award determination • Need for housing diversity
will be made by the City Council.
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Currently there is no preference in type of housing for the
proposal.
The Proposal asks the developer to provide information as to
how many affordable units for low-income and very low-income
DECISION POINT 1 and/or how many market rate housing units are being
constructed in the Proposal.
DO YOU WANT TO 1. Council could choose to make the RFP for market rate
PREFER ONE TYPE housing units.
OF HOUSING OVER 2. Council could choose to make the RFP for affordable (as
defined above) units.
ANOTHER OR MAKE 3. Council could keep the RFP open to both types of units
NO PREFERENCE? which would also allow a mix of affordable and
market rate.
4. Council could indicate a preference to one type of
housing over another but not preclude any specific
housing type through the scoring criteria by giving extra
points to certain types of housing.
I II II I
Currently there is no preference in how the
developer provides the necessary parking spaces
to the residents of the building.
DECISION POINT 2 The Proposal asks the developer to provide information
as to its proposed method of providing parking.
DO YOU WANT TO 1. Council could choose to make the developer
PREFER A METHOD provide parking in an underground lot.
OF PROVIDING 2. Council could keep the RFP open to any method of
PARKING? providing parking.
3. Council could indicate a preference to underground
parking over other parking options but not preclude
any specific parking plan through the scoring
criteria by giving extra points to proposals with
underground parking.
I II II I
Currently there is no requirement that the
developer provide first floor commercial space or
submit a mixed use development plan—it is
optional.
DECISION POINT 3 The Proposal asks the developer to provide information
as to the square footage of ground floor commercial
DO YOU WANT TO space and number of commercial spaces proposed, if
the proposal includes commercial space/is a mixed use
REQUIRE FIRST proposal.
FLOOR 1. Council could choose to require some first floor
COMMERCIAL commercial space/require mixed use proposals.
SPACE (MIXED USE)? 2. Council could indicate a preference to have a mixed
use development with first floor commercial space
but not preclude any specific development plan
which may not be mixed use through the
scoring criteria by giving extra points to mixed use
proposals.
I II II I
Currently there is no requirement that the
developer provide green space or public areas.
The Proposal asks the developer to provide information
DECISION POINT 4 as to any green space or public spaces that are part of
the proposed development.
DO YOU WANT TO 1. Council could choose to require a green space for
REQUIRE GREEN tenants and/or public space.
SPACE FOR TENANTS 2. Council could indicate a preference to have a
OR PUBLIC SPACES? development with a green space for tenants and/or
public space but not preclude any specific
development plan which may not include such
spaces through the scoring criteria by giving extra
points to proposals with either a green space or
public space.
I I I II I
ESTIMATED TIMELINE FOR RFP
Interviews and 0
Submittals Due Presentations
to Council
May2022 July—Augustt
October 2022
2022
•
•
•
•
June 2022 August—Sept.k
RFP Issued by Evaluation of Council
City Submittals by considers
the City Letter of Award
and Awards
o Project
0