HomeMy WebLinkAboutKDA Architecture Inc. - Professional Services Agreement to Develop Master Site Plan for Washington Fruit Community Center AGREEMENT
For City of Yakima Use Only:
111111
BETWEEN
Contract No. i
Project No. i 16dOcth CITY OF YAKIMA, WASHINGTON
Resolution No. rli(,:_
SOQ No. AND
KDA Architecture Inc.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of POW-Y1130-✓2019, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and KDA Architecture Inc. with its
principal office at 1310 North 16`h Ave. Yakima, WA (hereinafter referred to as "ARCHITECT"); said
corporation being licensed and registered to do business in the State of Washington, and will provide Master
Planning services under this Agreement for the Washington Fruit Community Center Master Plan Project
on behalf of the City of Yakima, Project No. 11908Q, herein referred to as the"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ARCHITECT to provide architectural services for Master
Planning for the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ARCHITECT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ARCHITECT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ARCHITECT agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ARCHITECT shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ARCHITECT shall use its best efforts to maintain continuity in personnel and shall assign,
Dennis W. Dean as Principal-in-Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.1 Basic Services: ARCHITECT agrees to perform those tasks described in Exhibit A, entitled"Scope
of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth
herein.
2.2 Additional Services: CITY and ARCHITECT agree that not all WORK to be performed by
ARCHITECT can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ARCHITECT to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ARCHITECT perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as"Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ARCHITECT'S cost of, or
time required for, performance of any services under this Agreement, a contract price
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and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ARCHITECT according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be considered
part of the PROJECT WORK. The ARCHITECT shall not perform any Additional Services
until so authorized by CITY and agreed to by the ARCHITECT in writing.
2.3 The ARCHITECT must assert any claim for adjustment in writing within thirty (30) days from the
date of the ARCHITECT's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the ARCHITECT all technical data in the
CITY'S possession relating to the ARCHITECT'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ARCHITECT as required for ARCHITECT'S performance of its services and will
provide labor and safety equipment as reasonably required by ARCHITECT for such access.
3.3 TIMELY REVIEW: The CITY will examine the ARCHITECT'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ARCHITECT of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ARCHITECT shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ARCHITECT shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ARCHITECT believes are inadequate, incomplete, or inaccurate based upon the ARCHITECT'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ARCHITECT are available solely
as additional information to the ARCHITECT and will not relieve the ARCHITECT of its professional
duties and obligations under this Agreement or at law. The ARCHITECT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions from them.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ARCHITECT specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C -Schedule of Specific Hourly
Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non-salary expenses.
5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ARCHITECT'S vehicles; meals and lodging;
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laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ARCHITECT. Estimated Direct Non-Salary Expenses are
shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ARCHITECT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ARCHITECT, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent(10%)for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Seventy-Six Thousand Two Hundred Fifty Dollars ($76,250.00). The
ARCHITECT shall make all reasonable efforts to complete the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted
if found necessary. The ARCHITECT is not obligated to incur costs beyond the indicated budget,
as may be adjusted, nor is the CITY obligated to pay the ARCHITECT beyond these limits. When
any budget has been increased, the ARCHITECT'S excess costs expended prior to such increase
will be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed in writing at the time such costs were incurred.
5.3 The ARCHITECT shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ARCHITECT shall submit
with each invoice a summary of time expended on the PROJECT for the current billing period,
copies of subconsultant invoices, and any other supporting materials and details determined
necessary by the City to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30)days of receipt and upon approval of the WORK done and amount billed.
CITY will notify the ARCHITECT promptly if any problems are noted with the invoice. CITY may
question any item in an invoice, noting to ARCHITECT the questionable item(s) and withholding
payment for such item(s). The ARCHITECT may resubmit such item(s) in a subsequent invoice
together with additional supporting information requested.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per month
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or the maximum interest rate permitted by law, whichever is less; provided, however, that no
interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a
notice of dispute is issued in good faith by the CITY to the ARCHITECT pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ARCHITECT for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ARCHITECT's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment claims,
if any, as may be specifically exempted by the ARCHITECT from the operation of the release in
stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ARCHITECT under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ARCHITECT to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ARCHITECT
6.1 The ARCHITECT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ARCHITECT under this Agreement. The ARCHITECT
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ARCHITECT shall perform its WORK according to generally accepted standards of care and
consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ARCHITECT
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or at law or any cause of action
arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ARCHITECT and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ARCHITECT shall not hold itself out as, nor claim to be, an officer or employee
of CITY by reason hereof and shall not make any claim, demand, or application to or for any right
or privilege applicable to an officer or employee of CITY. The ARCHITECT shall be solely
responsible for any claims for wages or compensation by ARCHITECT's employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ARCHITECT agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees and volunteers (hereinafter
"parties protected")from(1)claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error, omission or willful misconduct arising out of the ARCHITECT's
performance under this Agreement. In the event that any lien is placed upon the City's
property or any of the City's officers, employees or agents as a result of the negligence
or willful misconduct of the ARCHITECT, the ARCHITECT shall at once cause the
same to be dissolved and discharged by giving bond or other necessary satisfaction.
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(b) CITY agrees to indemnify and hold the ARCHITECT harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
or willful misconduct of the CITY, its employees, or agents in connection with the
PROJECT.
(c) If the negligence or willful misconduct of both the ARCHITECT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ARCHITECT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ARCHITECT, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ARCHITECT
or a subcontractor under workers'or workmens'compensation acts, disability benefit acts, or other
employee benefit acts. The ARCHITECT specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ARCHITECT and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ARCHITECT is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ARCHITECT does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ARCHITECT's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ARCHITECT
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ARCHITECT, to the extent that ARCHITECT has exercised the applicable and appropriate
standard of professional care, thoroughness and judgment in performing such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ARCHITECT within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ARCHITECT, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ARCHITECT which could not be reasonably anticipated
or avoided.
7.2 Not later than the tenth (10th)day of each calendar month during the performance of the PROJECT,
the ARCHITECT shall submit to the CITY's Representative a copy of the current schedule and a
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written narrative description of the WORK accomplished by the ARCHITECT and subconsultants
on each task, indicating a good faith estimate of the percentage completion thereof on the last day
of the previous month. Additional oral or written reports shall be prepared at the CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ARCHITECT are instruments of services of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of
the CITY without written permission of the ARCHITECT, which shall not be unreasonably withheld
and will be at the CITY's sole risk. The CITY agrees to indemnify the ARCHITECT and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ARCHITECT will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ARCHITECT's own negligent acts or
omissions.
8.2 The ARCHITECT agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, calculations, notes, and other WORK submitted or which are specified
to be delivered under this Agreement or which are developed or produced and paid for under this
Agreement, whether or not complete, shall be owned by and vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ARCHITECT (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ARCHITECT, and ARCHITECT
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ARCHITECT, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the
ARCHITECT's WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ARCHITECT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ARCHITECT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include
ARCHITECT's written comments, if any.
9.4 The ARCHITECT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ARCHITECT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the WORK, ARCHITECT shall secure and maintain in effect
insurance to protect the CITY and the ARCHITECT from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Agreement. ARCHITECT
shall provide and maintain in force insurance in limits no less than those stated below, as
applicable. The CITY reserves the right to require higher limits should it deem it necessary in the
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best interest of the public. If ARCHITECT carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ARCHITECT shall be named as an additional insured for such higher limits.
10.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30)calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
10.1.2. Commercial Automobile Liability Insurance.
a. If ARCHITECT owns any vehicles, before this Agreement is fully executed by the
parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to"Any Auto" and be shown on the
certificate.
b. If ARCHITECT does not own any vehicles, only"Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement, which is Section 10.1.1 entitled
"Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name the CITY, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty (30)calendar days prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide
and admitted in the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ARCHITECT shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars
($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The insured shall
not cancel or change the insurance without first giving the CITY thirty (30)calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its elected and appointed officials, officers,
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employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, principals, employees, representatives, and agents shall
have no obligation for payment of premiums because of being named as additional
insureds under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any.manner that
affects the rights of the CITY until thirty (30)days after written notice to the CITY of such
intended cancellation, expiration or change.
SECTION 11 SUBCONTRACTS
11.1 ARCHITECT shall be entitled, to the extent determined appropriate by ARCHITECT, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ARCHITECT utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The
ARCHITECT shall be responsible for the architectural and engineering performance, acts, and
omissions of all persons and firms performing subcontract WORK.
11.3 CITY does anticipate ARCHITECT subcontracting with additional persons or firms for the purpose
of completing this Agreement.
11.4 The ARCHITECT shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ARCHITECT without prior written consent of the other,
which consent will not be unreasonably withheld. It is expressly intended and agreed that no third
party beneficiaries are created by this Agreement, and that the rights and remedies provided herein
shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ARCHITECT as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ARCHITECT and ARCHITECT's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
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provision of services under this Agreement. ARCHITECT agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ARCHITECT may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ARCHITECT's control are interfering with
normal progress of the WORK. ARCHITECT may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ARCHITECT is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
17.3 If CITY terminates for default on the part of the ARCHITECT, an adjustment in the contract price
pursuant to the Agreement shall be made, but(1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2)any payment due to the ARCHITECT at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ARCHITECT'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ARCHITECT agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
17.4 If the ARCHITECT terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ARCHITECT
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ARCHITECT shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ARCHITECT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ARCHITECT retaining copies of the same.
Page 9
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ARCHITECT shall have no
responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ARCHITECT to fulfill contractual obligations, it is determined
that the ARCHITECT has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ARCHITECT in PROJECT WORK or for any corporate officer of the
ARCHITECT to render his services to the PROJECT, the ARCHITECT shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first
pursue mediation as a means to resolve the dispute. If neither of the afore mentioned methods are
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with SECTION 14. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima Public Works
2301 Fruitvale Blvd.
Yakima, WA 98902
Attn: Richard Wonner, Fleet and Facilities Manager
AND TO: City of Yakima
129 N 2nd St.
Yakima, WA 98901
Attn: Sue Ownby, Procurement Manager
ARCHITECT: KDA Architecture Inc.
1310 North 16th Avenue
Yakima, WA 98902
Attn: Dennis W. Dean
Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA KDA ARCHITECTURE INC
G%�-,GEC- kl/ ``(1 Ce;:: )___
441 e—X.0 Aer 'er-G1,1? - Signature
Printed Name:. 1T Printed Name: Dennis W. Dean
Title: City Manager Title: Principal
Date: (\h) 1. �) 4U L '9. Date: N0v. F1i
g DI 9
.
Attest S?° iv (W ` •
"ps. ,a_ '
City Clerk \,, "�. D
: 7_g
CITY CONTRACT NO: y�)00 >S�a
RESOLUTION NO: r,/A--,
Page 11
1
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
�e\t �O
I certify that I know or have satisfactory evidence that s the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: 019V . ( > (-(1
Seal or Stamp Pau,
�'
(Sign ture)
:off ,i��. �r� �/
C.)NOTAR Title 1���� J
N�, PUBLIC �- CC POI(V
``pF. ........... Printed Na r e
r,)( jai
My commission expires:
Page 12
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Y1 Vl k.S 1/0• ])P Qi1N is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument, and acknowledged it as the ?rt:hc ; a of
AAAwkilai e 4-A t. to be the free and voluntary act of such party fbr the usbs and purposes
mentioned in the instrument.
Dated: 6 Y 0V V►' 0-QIY g} \ CA
Seal or Stamp
C r RA NA C/ iTi:dc.
KATHRYN L NOCK (Sign ture)
Notary Public et*.
State of Washington Nroa Y� Ppt-h �-
My Commission Expires Title Juty21, 2021 -(A!HiQ'AI L • J\It oCK.
Printed Name
My commission expires: , a4 c2.0-2.1
Page 13
EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION
1. This project is for the master plan for the existing Washington Fruit Community Center in
Yakima. The planning process will include a series of meetings with the community and City
staff where the goals of the facility will be defined. A facility assessment and evaluation will
be conducted for the facility including an initial assessment of the working conditions. This
information will be leveraged to develop three schematic designs for the facility. The designs
will include a minimalistic, medium, and grand approach which includes an expansion to
accommodate providing more services to more people 20 to 30 years in the future. Develop
conceptual site plan options for each floor plan option. Items to be studied in these options
are:
• Consider building "up" not "out"
• Consider a gymnasium and/or an acoustical auditorium (e.g. for kids music)
• The City is interested in building a Leadership in Energy and Environmental Design
(LEED) Certified facility
• Establish a new more user friendly traffic flow patterns
• Develop a welcoming entrance and more user friendly environment
• Address increased and improved lighting options
• Identify color schemes that are more pleasing to the visitors
• Identify modernization opportunities including energy efficiency (solar), kitchen
upgrade and expansion, HVAC system upgrade, and alarm/security system upgrade,
all ADA compliant
• Identify locker room and restroom improvements, including a family restroom
• Identify areas of improvement or expansion that will assist in attracting more visitors
• Identify increased or updated parking options
Phasing will also be addressed in this planning process.
PROJECT SCOPE
1. Perform assessment of current facility and provide report.
2. Conduct (2) community outreach meetings/events and (1) online survey.
a. Meetings: Community meeting events TBD (event time/location will be
determined by initial project meetings).
b. Online Survey: Survey will be prepared and managed by KDA with input and
questions provided by City.
3. Develop space program defining the project scope based on community outreach
meetings/events and meetings with City Staff.
4. Develop conceptual floor/site plan options for review with City Staff.
5. Present conceptual floor/site plan options in (1) community meeting.
6. Modify options as needed based on feedback in community meeting.
7. Prepare estimate of probable construction and project cost for (1) selected option and
present to City Staff.
8. Prepare final master plan document and deliver hard copy to City Staff.
PROJECT ASSUMPTIONS
1. The City will utilize the master plan document to pursue funding for the design and
construction of the future facility.
2. City to provide the following documents for Consultant's Use:
a. Site survey (if available).
b. Geotechnical report (if available).
c. Existing and any renovation/modification building/site drawings, specifications,
submittal/shop drawings, TAB reports, O&M Manuals, and commissioning reports.
Page 14
d. Written report (or copy of staff report) on existing construction or equipment problems
and on-going maintenance programs.
e. A written report (or copy of staff reports) on recent work completed on the facility.
f. A copy of any reports from regulatory agencies listing deficiencies in the facility.
g. A "wish list" for features or changes desired in the facility (if available).
h. Cost estimates and/or proposals recently received for renovation or replacement work.
3. Consultants hired as part of KDA compensation are:
a. Structural Engineer: Coffman Engineers
b. Mechanical Engineer: Coffman Engineers
c. Electrical Engineer: Coffman Engineers
d. Architectural Consultant: NAC Architecture
e. Cost Estimator: Roen & Associates
PROJECT SCHEDULE
1. Reference Exhibit D.
PROJECT TASKS
Master Visioning
1. Meet with stakeholders and Leadership team to set the vision and goals for each facility and
site. This could be one meeting or two separate meetings (one to set the vision and one to
set the goals), if desired.
2. Community outreach to determine what the community believes the needs and goals should
be. This may include an online survey.
3. The goal of master visioning is to set how the planning will respond to the external
environment and community, set the desired image of the site and facilities.
4. Vision for the next 20 years.
5. At the conclusion of this phase we will provide a narrative outlining the direction for the
Master Plan.
Programming
1. Evaluate existing space use as the basis for the proposed program.
2. Perform two programming meetings with the stakeholders.
3. Develop space program, room layouts and data sheets.
4. Present program to the stakeholders.
5. Revise the program as required due to stakeholder comments.
6. Provide final space program and related data sheets.
Site Evaluation
1. Review Zoning Ordinances and other site constraints.
2. Review Utility location and potential for expanding if required.
3. Review site environmental conditions
4. Review vehicular and pedestrian traffic patterns and accessibility
5. Meet with the City of Yakima Planning Dept as required.
6. Create overall site plan to include the above information.
7. The final document for this phase will include a narrative and a site plans illustrating the
above items.
Facility Assessment
1. Facility walkthrough
2. Building assessment: architectural, structural, mechanical, electrical
3. Code review
4. Present findings to stakeholders
5. The final document for this phase will include a narrative and a site plans illustrating the above
items.
Page 15
Master Site Development Plan
1. Layout options for site growth.
2. Determine best options for site circulation.
3. Locate all departments/services outlined above.
4. Evaluate options based on Visioning set by stakeholders
5. Present Master Planning options to stakeholders.
6. Revise options as required from stakeholder meeting.
7. Present Master Planning options to Leadership team.
8. Provide narrative for selected option along with a site plan.
a. Other options considered will be documented in an appendix to the Master Plan
document.
Conceptual Planning
1. Develop conceptual plan options for selected Master Plan.
2. Meet with the stakeholders to present team
3. Develop phasing for the selected conceptual option
4. Develop conceptual images of Master Plan.
5. Present conceptual plans to stakeholders.
6. Revise conceptual plans as required from stakeholder meeting.
7. Present conceptual plans to the Leadership team.
8. Revisions based on initial Leadership team meeting.
9. Final presentation to Leadership team.
Cost Estimating
1. Develop (1) cost estimate by a professional cost estimator for the Master Plan based on the
selected design option.
2. Develop Outline Specification.
3. Present cost estimate to Leadership team.
Documentation & Graphics
1. Document the Master Plan and issue to City Stakeholders for approval.
2. This includes a fully bound document with each phase compiled into sections.
Reimbursable Expenses
1) Reimbursable expenses are in addition to the Compensation of Services and Additional
Services and are invoiced at 1.10 times the expense. These expenses include actual
expenditures made by the Architect and the Architect's employees and consultants in the
interest of the Project for the expenses listed in the following:
a) Expense of transportation, lodging and meals in connection with the Project, and
conference calls.
b) Pre-approved artist renderings beyond normal conceptual design, models, mock-ups, and
presentation materials.
c) Expense of reproductions, postage and handling of Drawings, Specifications and other
documents.
d) Expense of renderings, models and mock-ups requested by the Owner.
e) Expense fees paid for securing approval of authorities having jurisdiction over the project.
f) Expense of consultants not identified in Exhibit A, Project Assumptions, "Engineers hired
as part of KDA compensation".
Page 16
Unauthorized Changes
In the event the Owner consents to, allows, authorizes or approves of changes to any plans,
specifications, material selections, or other construction documents, and these changes are not
approved in writing by the Architect, the Owner recognizes that such changes and the results
thereof are not the responsibility of the Architect. Therefore, the Owner agrees to release the
Architect from any liability arising from the construction, use or result of such changes. In
addition, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the
Architect harmless from any damage, liability or cost (including reasonable attorneys' fees and
costs of defense) arising or resulting from such changes, except only those damages, liabilities
and costs arising from the sole negligence or willful misconduct of the Architect.
Page 17
Exhibit B
Professional Fees
Washington Fruit CC Master Plan Services
Project Number 201932/WFCCR
Professional Fees
Fee Category Fee Terms
Master Plan - Architectural - KDA Architecture r $:31,5001 Hourly NTE
Master Visioning 24 Inc Above r:;:;:,:$3;3601 Inc Above
Programming 32 Inc Above $4,4801 Inc Above
Site Evaluation 32 Inc Above k7:, $4,480j Inc Above
Facility Assessment 13 Inc Above Inc Above
Master Site Development Plan 40 Inc Above $.5,6001 Inc Above
Conceputal Planning 60 Inc Above Inc Above
Cost Estimate 10 Inc Above ::.T;i:!-:::$1,4001 Inc Above
Documentation&Graphics 14 Inc Above $1,9601 Inc Above
Master Plan - Architectural Consultant - NAC Architecture I $18,920 Per 5.1.3
Master Plan - Structural Engineering - Coffman Engineers I' $5,500 Per 5.1.3
Master Plan - Mechanical Engineering - Coffman Engineers • $6,600 Per 5.1.3
Master Plan - Electrical Engineering - Coffman Engineers $5,500 Per 5.1.3
Cost Estimator $7,1 j0 Per 5.1.3
Estimated Reimbursables - 5.1.1, & 5.1.2 Items $1;100 Per 5.1.1 & .2
Total Fee $76,250
Page 18
EXHIBIT "C"
Schedule of Hourly Billing Rates
2019 2020
Principal $ 200.00 $ 200.00
Associate II $ 130.00 $ 1 34.00
Associate $ 120.00 $ 124.00
Project Manager II $ 1 25.00 $ 1 29.00
Project Manager I $ 11 5.00 $ 118.00
Architect III $ 11 5.00 $ 118.00
Architect II $ 110.00 $ 11 3.00
Architect I $ 90.00 $ 93.00
Interior Designer III $ 110.00 $ 11 3.00
Interior Designer II $ 105.00 $ 108.00
Interior Designer I $ 70.00 $ 72.00
Intern Architect V $ 110.00 $ 11 3.00
Intern Architect IV $ 100.00 $ 103.00
Intern Architect III $ 95.00 $ 98.00
Intern Architect II $ 85.00 $ 88.00
Intern Architect I $ 70.00 $ 72.00
Administrative Staff IV $ 110.00 $ 113.00
Page 19
EXHIBIT D
Washington Fruit Community Center Master Plan
Preliminary Project Schedule 2019 ( 2020
October November_ December January February March April May June July
6 1 13 120 127 3 10:17 .24 1 8 1 15 122 29 5 12 19 26 2 9 16 23 1 8 15 22 29 S 12 19 26 3 10 17 24 31 7 14 21 28 12 19 26
I 1 I 1 I i I 1 I ( I - I ' I I
CONTRACT PREP/APPROVAL .1 1 1 1 I 1 1 1 '. I .I I
Notice to Prep Contract from Council A j10 18.19 j 1 1 I I ( I I I I I
Draft Contract to Cit 1 i I
y I 0 11.08.19 I 1 I I I 1 11
Approval to Proceed I , i * I I I 1 I I
Kickoff Meeting I 1 10 I . I I I 1 i I I I I 1 I • ' 1 1 (
I . } 1 II I • I I III II . 1 III .1 I .
MASTER PLANNING . . • - • . f •
-
MASTER VISIONING - I , i i i - '"'!' . I 1 1 I 1 1 1 I I I 1
City Staff Meeting-Vision/Goal Setting 1 • I* •
�101 , I( 1 I 1 II1 I 1 I 1
Community Outreach Meeting*1 i { I I 1 1 I 1 I I I I
Community Outreach Meeting*2 I /Y' I I i 1 1 -:t
Online Survey I r ; ! { J I I I I I I 'I
Final Visioning Document Due I • I 1 Itt; I I I 1 1 I i I I I , 1
FACILITY ASSESSMENT ,----------I I--- 1 I I F • . - _..,ad _.y 1 t T - JI
Facility Walk Thru-KDA•NAC&Coffman
Prepare Report ! i 1 ' 1 1 1 I I
Cu
CD Present Findings to City Staff 1 _ I ' 1 j I I 1
(D
N I I I I I ( I 1 1 I I 1 1 1
PROGRAMMING/SITE EVALUATION I CD I 1 { 1 '
City Staff Meetings 1 I
I I�� 1
1
F — 1 - I--
Present Final Program 1
I
City of Yakima Planning Dept Meeting ! ' , I I•
I I T ( I I
Present Evaluation Site Plan ` ., --�-- �- _-- --�--�-- ---1--- ---�- --_t----_--�--
1 1 1 „ j I i l { i 1 1 1 1
MASTER SITE DEVELOPMENT PLANNING 1 • I 1 t I 1
City Staff Meetings { I I I 1 I I I - 1
I
Revise Options Per Feedback I 1 1 • I 1 ' 1 II ( 1 1 1 I I 1 1 1
Present Final Options 1 1 - I I 1 1 _
1
CONCEPTUAL PLANNING - I T 1 L.
T
r 1 =
City Staff Meetings �--------I-- t 1 -- } --- ---()I'-- •
Revise Options Per Feedback I j I I I 1 I ��11 I M I I I
Final Presentation • I 1 I I I 1 i 1 Nf 1 •I '
1 1 11 II 11 11 11
COST ESTIMATE I I I I 1 ( t I I I i 1 I 1 I I 1 • I
'
Develop Estiamte I
City Staff Meeting • I 1 I
1 I Ili-
T �. .. 1 1
DOCUEMNTATION I 1 1 1 I 1 I I I a•+•�••-.�
Prepare Final Document I , I F __�r 1] : 1
Master Plan Document Due r - 1 t I I 1 I
1 i i ! • . I i l i 1 _C I 1 ! I I 1, I
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 1 KDA Architecture, Inc.
1310 North 16th Avenue
Yakima, WA 98902
Original Contract Number: Execution Date of Supplement:
2019-172 April 22, 2022
City Project Number: 11908Q Completion Date of Supplement:
Project Completion, TBD
Project Title: Maximum Amount Payable this Supplement:
$34,965
Maximum Total Amount Payable for the
Agreement: $111,215
Section 2: Scope of Services
The City of Yakima, Washington desires to supplement the contract agreement No. 2019-172 entered into
with KDA Architecture and executed on November 13,2019. All provisions in the basic contract remain in
effect except as expressly modified by this supplement. The changes to the agreement are described as
follows:
Section 2.2: Additional Services
The additional tasks to be performed as part of the Supplemental Agreement due to the change of the
original project scope outlined in Exhibit B.1 attached.
Section 5: Compensation
Payment for this supplemented work,as shown on Exhibit B.1 is not to exceed$34,965, the subtotal amount
of the Agreement to $111,215; subtracting previous efforts that are applicable of$12,975 bringing the total
compensation billed on a percentage complete basis of$98,240.
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
/
By: Dennis W. Dean, Principal By: Pobe'f
/Q).
Consultant Signature City Manager Signature
Date
CITY CONTRACT NO:90 ICI -17. p)' I
RESOLUTION NO: 1l/%A
I( 1 Exhibit B.1
KDA ARCHITECTURE
Principals MASTER PLAN SCOPE OF WORK
Rod Knipper,AIA
Dennis W.Dean,AIA April 1 8, 2022
Brian J.Andringa,AIA
Owner: City of Yakima
Project: Washington Fruit Community Center Master Plan
Project No. 201932/WFCCR
KDA Architecture proposes the following scope of work and associated fees for the Washington
Fruit Community Center Master Plan. This does not include the $12,975.29 billed through June
30, 2021. A portion of our previous effort will be utilized as we move forward. However,the
facility assessment will need to be updated to account for the upgrades completed since the
original assessment was completed. For the time spent previously on Master Visioning we have
anticipated that a small portion of the previous effort is applicable.
1. Master Visioning $ 8,510
a. Meet with stakeholders and Leadership team to set the vision and goals for the facility
and site.This could be one meeting or two separate meetings(one to set the vision and
one to set the goals), if desired.
b. Review comments from previous community outreach events along with questionnaires
received and summarize the findings.
c. Community outreach to determine what the community believes the needs and goals
should be. We have included two community outreach events.
d. The goal of master visioning is to set how the planning will respond to the external
environment and community,set the desired image of the site and facilities.
e. Vision for the next 20 years.
f. At the conclusion of this phase,we will provide a narrative outlining the direction for the
Master Plan.
g. This effort includes KDA and NAC time.
2. Programming $15,150
a. Evaluate existing space use as the basis for the proposed program.
b. Perform two programming meetings with the stakeholders.
c. Develop space program, room layouts and data sheets.
d. Present program to the stakeholders.
e. Revise the program as required due to stakeholder comments.
f. Provide final space program and related data sheets.
g. This effort includes KDA and NAC time.
3. Site Evaluation $ 5,820
a. Review Zoning Ordinances and other site constraints.
b. Review Utility location and potential for expanding if required.
c. Review site environmental conditions
d. Review vehicular and pedestrian traffic patterns and accessibility
e. Meet with the City of Yakima Planning Dept as required.
f. Create overall site plan to include the above information.
Washington Fruit Community Center Master Plan
Project No. 201932/WFCCR
April 18, 2022
Page 2
g. The final document for this phase will include a narrative and a site plan illustrating the
above items.
h. This effort includes KDA and NAC time.
a. Facility Assessment $ 9,840
b. Facility walkthrough
c. Building assessment: architectural, structural, mechanical, electrical
d. Code review
e. Present findings to stakeholders
f. The final document for this phase will include a narrative and a site plans illustrating the
above items.
g. This effort includes KDA and NAC time.
h. The above fee includes our structural, mechanical and electrical engineering consultant,
Coffman Engineers($7,740).
4. Master Site Development Plan $18,250
a. Layout options for site growth.
b. Determine best options for site circulation.
c. Locate all departments/services outlined above.
d. Evaluate options based on Visioning set by stakeholders
e. Present Master Planning options to stakeholders.
f. Revise options as required from stakeholder meeting.
g. Present Master Planning options to Leadership team.
h. Provide narrative for selected option along with a site plan. Other options considered will
be documented in an appendix to the Master Plan document.
i. This effort includes KDA and NAC time.
j. The above fee includes our structural, mechanical and electrical engineering consultant,
Coffman Engineers($5,810).
5. Conceptual Planning $24,800
a. Develop conceptual plan options for selected Master Plan.
b. Meet with the stakeholders to present team
c. Develop phasing for the selected conceptual option
d. Develop conceptual images of Master Plan.
e. Present conceptual plans to stakeholders.
f. Revise conceptual plans as required from stakeholder meeting.
g. Present conceptual plans to the Leadership team.
h. Revisions based on initial Leadership team meeting.
i. Final presentation to Leadership team.
j. This effort includes KDA and NAC time.
k. The above fee includes our structural, mechanical and electrical engineering consultant,
Coffman Engineers($5,810).
6. Cost Estimate $ 9,620
a. Develop cost estimate for the Master Plan.
b. Develop Outline Specification.
c. Present cost estimate to Leadership team.
d. This effort includes KDA and NAC time.
e. The above fee includes our professional cost estimator,The Robinson Company($7,840).
Washington Fruit Community Center Master Plan
Project No. 201932/WFCCR
April 18, 2022
Page 3
7. Documentation&Graphics $ 5,250
a. Document the Master Plan and issue to YVFWC for approval.
b. This includes a fully bound document with each phase compiled into sections.
c. This effort includes KDA and NAC time.
8. Reimbursable expenses $ 1,000
Total Proposed Updated Architectural&Engineering Services $98,240
This is an increase of$34,965 to our current contract,which includes the $1 2,975 billed to date
noted above.
Work to be provided by Owner:
1. Site Survey
2. Geotechnical Report
3. Traffic Study if required
\\FILE-YAK-01\Kdfnet\Projects\201 9\201932 City Of Yakima-WFCC\1.0 Project Management\1.2 Project Contracts\1.2.1 Owner\Master Plan
Scope Of Work WFCC R2.Docx
Exhibit B.1
Professional Fees
Washington Fruit CC Master Plan Services
Project Number 201932/WFCCR
Professional Fees
Fee Category Fee Terms
Master Plan -Architectural - KDA Architecture $41,598 Hourly NTE
Master Visioning 24 Inc Above $4,508 Inc Above
Previous Work
Master Visioning completed/Billed $4,890
Programming 32 Inc Above $5,152 Inc Above
Site Evaluation 32 Inc Above $5,152 Inc Above
Facility Assessment 13 Inc Above $2,093 Inc Above
Master Site Development Plan 40 Inc Above $6,440 Inc Above
Conceputal Planning 60 Inc Above $9,660 Inc Above
Cost Estimate 9 Inc Above $1,449 Inc Above
Documentation&Graphics 14 Inc Above $2,254 Inc Above
Master Plan -Architectural Consultant- NAC Architecture $33,330 Per 5.1.3
Previous Work
Master Plan -Architectural Consultant- NAC Architectur completed/Billed $893.75
Master Plan - Structural Engineering- Coffman Engineers $6,050 Per 5.1.3
Previous Work
Master Plan - Structural Engineering- Coffman Engineer completed/Billed $2,182.40
Master Plan - Mechanical Engineering- Coffman Engineers $7,260 Per 5.1.3
Previous Work
Master Plan - Mechanical Engineering- Coffman Engine€completed/Billed $2,675.20
Master Plan - Electrical Engineering-Coffman Engineers $6,050 Per 5.1.3
Previous Work
Master Plan - Electrical Engineering-Coffman Engineers completed/Billed $2,182.40
Cost Estimator $7,841 Per 5.1.3
Reimbursables- 5.1.1 & 5.1.2 items $1,1 53 Per 5.1.1&5.1.2
Total Fee $111,215
Previously Billed total $1 2,975
Total Compensation Fee $98,240
1