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HomeMy WebLinkAboutR-1997-053 Loofburrow ArchitectsRESOLUTION NO. R-97- 53 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Loofburrow Architects, an architectural firm. WHEREAS, in 1996 the City Council approved the purchase of seven lots fronting upon North First Street in the City of Yakima and legally described as Lots 13 through 19, Block 10 of the Plat of North Yakima, now Yakima; and WHEREAS, Council recognizes that the redevelopment of this property is in the best interest of the citizens of Yakima; and WHEREAS, Council acknowledges that the initial step in this redevelopment process entails the demolition of the existing structures, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Loofburrow Architects for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 15th day of April, 1997 ATTEST: City Clerk • Ly ( Buchanan, Mayor THE AMERICAN INSTITUTE OWNER OF ARCHITECTS AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Twenty -Fourth Nineteen Hundred and Ninety -Seven. BETWEEN the Owner: and the Architect: day of March CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 LOOFBURROW ARCHITECTS, P.S. 14 North Front Street Yakima, Washington 98901 in the year of For the following Project. DEMOLITION OF BUILDINGS --Project No. 97006 Demolition of two (2) buildings on the West side of North First Street, North of Yakima Avenue in Yakima, Washington. The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, N W , Washington, DC. 20006 Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA` • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B727-1988 1 ARTICLE 1 ARCHITECT'S SERVICES The Architect will provide demolition documents and bidding and construction services for the demolition of two (2) buildings located on the West side of North 1st Street, between Yakima Avenue and "A" Street in Yakima, Washington. The two (2) buildings are currently boarded -up. The Architect will hire a Consultant to provide a "Good Faith Survey" for the buildings. AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA0 • i,I988 • THE AMERICAN INSTITUTE OF ARCHITECTS. 17i5 NEW YORK AVENUE. NW_ WASHINGTON D.C. 20006 WARNING: Unlicensed photocopying violates U.S. coovriaht laws and is R"hio& to lanai nmR..r,.firm B727-1988 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be enti- tled to rely on the accuracy and completeness thereof. 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permit- ted to retain copies, including reproducible copies, of the Architect's documents for the Owner's information, reference and use in connection with the Project. The Architect's docu- ments shall not be used by the Owner or others on other proj- ects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 4 ARBITRATION 4.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. 4.2 A demand for arbitration shall be made within a reason- able time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- tion would be barred by the applicable statutes of limitations. 4.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other man- ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- ence to this Agreement signed by the Owner, Architect and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof. 4.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 TERMINATION OR SUSPENSION 5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 5.2 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 54. 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of termination, as follows .1 For services provided on the basis of a multiple of Direct Personnel Expense, 20 percent of the total Direct Personnel Expense incurred to the time of ter- mination; and .2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall com- mence to run not later than the date payment is due the Archi- tect pursuant to Paragraph 8 4 AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIAJ • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B727-1988 3 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 6.4 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 6-5 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 6.6 Unless otherwise provided in this Agreement, the Archi- tect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.1 DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Archi- tect and Architect's employees and consultants in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized by the Owner; .2 long-distance communications; . 3 fees paid for securing approval of authorities hav- ing jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; . 8 expense of additional coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; and . 9 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.3.2 An initial payment as set forth in Paragraph 8.1 is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Reimbursable Expenses and expenses per- taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 8.1 AN INITIAL PAYMENT OF Dollars ($ N/A ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows. Compensation shall be a fixed fee of $9,100.00. 4 B727-1988 AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, a multiple ofone point seventeen ( 1.17 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty(30 ) days from the date of the Architect's invoice. Amounts unpaid the absence thereof, at he legal rate prevailing dfrom time ays after lto timee at placehece eprincipalll al ofr tbusiness at the aof the Architect. below,te entered or in 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS This Agreement entered into as of the day and year first written above. OWNER CITY OF YAKIMA (Signature) ✓�='1'Cc—ST X2.--t-s,-T r Cp,i-YncursLri�-r 7' (Printed name and title) CITY CONTRACT ao CI RESCLVTlQN NO k-12-5.3 ARCHITECT LOCFBURROW ARCHITECTS, P.S. (Signature) Rick Colver, Business Manager (Printed name and title) AIA DOCUMENT B727 • OWNIiR- \RCIII-r (:] AGREIiMME.NT • I988 EDITION • \IA • ,c.;1988 • TIIE A,\MERI( \N INSTITUTE OF \RCI IITE('T5. I -i5 NF1t ' ORK AVENUE. NW, WASHINGTON. D(. _'(IUU(i WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B727-1988 5 QTY OF YA IMA LEGAL DEPARTMENT 200 SailiThirdSfreet,Yakmma,Wast 1989012830 (509)575•6030Fax (509)575-6160 MEMORANDUM April 10, 1997 TO: Dick Zais, City Manager FROM: Larry Peterson, Assistant City Attorney DATE: April 10, 1997 SUBJECT: COMMUTE TRIP REDUCTION FUNDING FOR DOWNTOWN HOV PARKING LOT This memo concerns the use of Commute Trip Reduction (CTR) Funds for construction of a High Occupancy Vehicle (HOV) Parking Lot in downtown Yakima. I understand that the City is considering spending CTR funds to construct a HOV parking lot on the recently acquired Adeline property on the first block of North First Street, and that the lot would be restricted to employees of major employers the County, the City, and the Health District who use van pools to commute to work. CTR funds are available under the provisions of RCW 70.94.521- 70.94.551. These sections concern "commute trips," which are defined as "trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays." RCW 70.94.524(4). "The intent of this chapter is to require local government ... to develop and implement plans to reduce single occupant vehicle commute trips." RCW 70.94.521. The state makes funds available "for the purposes of [the] chapter ... to assist counties, cities, and towns implementing commute trip reduction plans." RCW 70.94.544. Reduction of single occupant vehicle trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays, appears to be the primary criterion for evaluation of proposals for using CTR funds. The attached memorandum from D. Gregg Doyle, C Technical Assistance Team, Washington State Department of Transportation, lists a number of considerations which the City must address appropriately in order to utilize CTR funds to complete the downtown HOV parking lot project. Once the City's proposal is approved by CTR program managers, CTR funds would be appropriate. lap/:council concerns/4/10/97 memo—ctr parking lot 4/10/97 1:49 PM MEMO: USE OF CTR FUNDS FOR DOWNTOWN HOV PARKING LOT 0926 '96 13:58 ID:WSDOTCTEZ FAX:003607056862 PAGE 1 1,71 Washington State Department of Transportation Sid Morrison ::r+t:+tlary 01 1 r;il po+ttdu,n 4rcucal�Ixlaiite i 4iusltUuc1 1'rj littx•lf:v..10 lIly+upi:I, Wit 1066.1 7:u10 unTj Post -9t" Fax Notes 7671 prt `, (> NiAnni5 WC -7-01"( r,) C: S 50 a FrIDm I. e,tr� � Cit co.lump,.(i ,....fCf= `(Af-V'aq Ln. iid5 00T Date: September 25. 1996 Fox p PI ItMOu ••, / .•i,I`,Z.----��`--- �—_ �'") <%(, 1~ To: John F..lsdcn, City of Yakima .� �-� From: D. Gregg Doyle, CTR Technical Assistance Team I ��^r-�J a �. Subject: Use of CTR Funds for Construction of an 110V Parking Lot an erberg ! am responding to your verbal inquiry today, I`1ia � it as LancelDnt�iowltto$wn'Yak m�.tcT!><r`f'ollc►wgtn�: are today regarding onstruction of a carpool/ride parking some of the issues that would need to be addressed in a written proposal to WSD0T's CTR program in order for this request to be considered: • How would the proposal meet. the needs of all CTR -affected employers (and their employees) in Yakima? 'For example, are you proposing to provide such carpool/rideshare parking at each worksite? Would the parking be used for a Park'n'Ride lot in conjunction with Yakima Transit? What proportion of the funds could be shown (and guaranteed) to benefit CTR -,affected employees? • What would the registration/enforcement proeess entail? Who would he responsible for ensuring compliance and use only by CIR-affected employees in HOVs? • fiow would we all be assured that the lot would remain in perpetuity as registered carpool parking only? F...,., would there be a legal encumbrance upon the parcel, releasing funds back to the state. if the use were ever changed? • Would the parking location be the best available for commuters? That is, would it he nearer the front door of the employers than any other parking, available? Would any other amenities he provided. such as pedestrian/transit shelters or bicycle facilities? • How would this project support. other CTR or Transportation Demand Management plans and programs'? For example, would the City commit to allowing no free on -street parking for non-HOVs in the downtown core? As I mentioned en the phone, we recommend that you consult yoursato eye contactBrian proper use of rgat any public funds. If you have any further questions or future requests, p (360)705.7878. Thank you. Q( t(r•1J'ct.• "'CO r•-+ L &. H -M96-10 G 1).sat cc: Lance Durbin, YVCOG Brian I.agerherg. WSDOT BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % Li For Meeting of April 1.5,1 997 ITEM TITLE: North First Street Building Demolition. SUBMITTED BY: Department of Community and Economic Developm Engineering Division CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Fred French, City Engineer / 575-6096 In the fall of 1996, the City Council authorized purchase of property in the first block of North First Street owned by the Adeline Trust. Loofburrow Architects have been selected to submit a proposal to prepare all documents necessary to cause the demolition of the existing buildings on this site. The project includes conducting a good faith survey of the buildings and site for any hazardous materials and preparation of contract documents for public bid to remove the existing city owned buildings in the first block of North First Street. The Council Economic Development Committee will be asked to review potential projects for the site. Resolution XX Ordinance Contract XX Other (Specify) Funding Source: 1997 ommu APPROVED FOR SUBMITTAL. STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to sign the consultant agreement for Loofburrow Architects to provide the necessary documents for the demolition of the existing city owned buildings on North First Street. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: