HomeMy WebLinkAboutR-2008-148 Capitol Theatre Project; Olympic Associates AgreementRESOLUTION NO. R-2008-148
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
a construction management agreement with Olympic Associates Company
to provide construction management services for improvements to the
Capitol Theatre.
WHEREAS, the Washington State Legislature in Laws of 2007, enabled the City of
Yakima to create a Public Facilities District for performing arts facilities; and
WHEREAS, the enabling legislation provided the eligibility for the City of Yakima to use
these funds for improvements to the Capitol Theatre; and
WHEREAS, the City of Yakima is the owner of the Capitol Theatre; and
WHEREAS, the Capitol Theatre requires additional production capacity space and other
improvements; and
WHEREAS, the city intends to use the General Contractor -Construction Manager
process to complete the project; and
WHEREAS, to properly utilize the General Contractor -Construction Manager process, it
is necessary to have construction management services separate from architectural services;
and
WHEREAS, Olympic Associates Company has the experience and expertise necessary
to provide such construction management services and is willing to do so in accordance with
the attached construction management services agreement; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to authorize execution of the attached construction management services
agreement with Olympic Associates Company for construction management services regarding
improvements to the Capitol Theatre, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "Construction Management Agreement between the City of Yakima
and Olympic Associates Company, in an amount not to exceed One Hundred Ninety Five
Thousand Dollars ($195,000.00), for the provision of construction management services to
improve the Capitol Theatre.
ADOPTED BY THE CITY COUNCIL this 21st day o
ATTEST:
City Clerk
ctober, 2008
id Edler, Mayor
CAPITAL THEATRE EXPANSION
CONSTRUCTION MANAGEMENT
AGREEMENT
THIS CONSTRUCTION MANAGEMENT AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City"), and OLYMPIC ASSOCIATES COMPANY, a Washington Corporation
licensed to do business in Washington (hereinafter "OAC").
This Agreement establishes the terms and conditions under which OAC will provide the
City with Construction Management Services for the Capital Theatre Project.
OAC shall provide Construction Management Services on behalf of the City as
described in the Scope of Services attached hereto and incorporated herein by this reference
as Exhibit "A". The City shall compensate OAC for these services as provided in paragraph
3, below. The professional services described in this agreement shall be provided in
accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and OAC as follows:
1. Scope of Services. OAC shall provide professional construction management during
the phased development of the Capital Theatre Expansion. The specific Scope of Services is
described in more detail in the attached and incorporated Exhibit "A".
2. Term. The "Effective Date" of this Agreement is the later of the two signature dates
below. This Agreement shall terminate on December '31, 2010 unless extended by mutual
agreement of the parties or unless terminated sooner by either party in accordance with Section
18. OAC shall proceed in a timely and diligent manner to provide all services required
hereunder.
3. Consideration. OAC shall bill the City for Services provided on a time and expense
basis, with each task's budget not to exceed the amount established in the Fee Estimates,
attached hereto and incorporated herein by this reference as Exhibit "B". Additional
Services and compensation in excess of those established in the Fee Estimates shall be
approved by the City in advance and in writing. The total compensation paid by the. City for
all services provided under this Agreement shall not exceed One Hundred Ninety Five
Thousand Dollars ($195,000.00).
The City shall pay OAC in accordance with sub -paragraphs A, B and C, below:
A. HOURLY RATES
Hourly rates include computer, cell phone, communications and other costs associated
with providing service. Office space at client's location will be provided by client if
needed.
Staff
Position
2008.
2009
2010
Dan Chandler
Principal in Charge
$170
$179
$188
Nicole Brown
Sr. Project Manager
$145
$152
$159
TBD
Admin Support/Intern
$52
$57
$63
B. REIMBURSABLE EXPENSES
All reimbursable expenses will be billed at cost plus five percent (1.05 times actual
cost). These items include mileage at effective IRS rates, printing, jobsite office
space, furniture, and telephones (if needed).
Sub -Consultant Services:
Sub -Consultant services, if any, will be billed at cost plus tan five percent (1.05 times
actual cost)
C. PAYMENT TERMS
Services provided shall be billed on a monthly basis. The City shall make payment to
OAC within thirty (30) calendar days of receipt of billing; provided, however, that all
payments are expressly conditioned upon OAC providing services that are satisfactory
to the City. Interest on all past due balances will be charged at a rate of one percent
per month on the outstanding past due balance. The professional Services shall be
provided in accordance with the terms described in the 'GENERAL CONDITIONS,
below. OAC shall maintain and keep adequate files and records to substantiate all
amounts itemized on the monthly billing statements. In the event that either party
exercises its right to terminate this Agreement in accordance with Section 18, OAC shall
be compensated in accordance with the above terms for all satisfactory services
provided to the City up to the effective Agreement termination date.
GENERAL CONDITIONS:
4. Information Provided by the City. OAC shall provide guidance to the City in
determining the data required for purposes of the contemplated services. The City agrees to
use reasonable efforts to provide data and information specifically requested by OAC.
5. Status of OAC. OAC and the City understand and expressly agree that OAC is an
independent contractor in the performance of each and every part of this Agreement. The
scope of OAC's authority under this Agreement is limited to OAC's role in assisting the City with
Project design and development. No officer, employee, volunteer, and/or agent of OAC shall
act on behalf of or represent him or herself as an agent or representative of the City. OAC, as
an independent contractor, assumes the entire responsibility for carrying out and accomplishing
the services required under this Agreement. OAC expressly represents, warrants and agrees
that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. OAC and its officers, employees, volunteers, agents and/or
subcontractors shall make no claim of City employment nor shall claim against the City any
related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between OAC and the City.
6. Inspection and Audit. OAC shall maintain books, accounts, records, documents and
other evidence pertaining to the costs and expenses allowable and consideration paid under
this Agreement in accordance with generally accepted accounting. practices. All such books of
account and records required to be maintained by this Agreement shall be subject to inspection
and audit by representatives of the City and/or the Washington State Auditor at all reasonable
times, and OAC shall afford the proper facilities for such inspection and audit. Such books of
account and records may be copied by representatives of the City and/or the Washington State
Auditor where necessary to conduct or document an audit. OAC shall preserve and make
available all such books of account and records for a period of three (3) years after final
payment under this Agreement.
In addition to the requirements previously stated in this Section, upon reasonable notice OAC
shall provide the City full access to all other documents, files, work product, written
communications of any kind (including digital or electronic 'communications) in any way
pertaining to the Agreement or the Project.
7. Taxes and Assessments. .OAC shall be solely responsible for compensating its
employees, agents, and/or subcontractors and for paying all related taxes, deductions, and
assessments, includingbut not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, OAC shall pay the
same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, OAC shall
not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. 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.
9. The Americans with Disabilities Act. OAC shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law - Professionalism. OAC agrees to perform the services
required under and pursuant to this Agreement in full compliance with reasonable
interpretations of applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise. The
services furnished by OAC in compliance with this Agreement or the Project shall be of the
standard and quality prevailing among knowledgeable, skilled professional project. managers
engaged. in project management in Washington under same or similar circumstances on similar,
projects.
11. No Conflict of Interest. OAC covenants that neither it nor its 'employees have any
interest and shall not hereafteracquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Agreement. OAC further covenants that it will
not hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.' •
12. No Insurance. It is understood the City does not maintain liability insurance for OAC
and its officers, directors, employees and agents.
13. Indemnification.
a. OAC agrees to hold harmless, indemnify and defend the City, its elected officials,
officers, employees, agents and assigns from and against any and all suits, actions claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) to the
extent resulting from or arising out -of the negligence of OAC, its officers, agents, employees or
subcontractors in connection with or incidental to the performance or non-performance of this
Agreement.
b. In the event that both OAC and the City are negligent, each party shall be liable for
its contributory share of negligence for any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of OAC's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the
other party only, and only to the extent necessary to provide the indemnified party with a full and
complete indemnity of claims made by OAC's employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
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.
e. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. Insurance Provided by OAC.
a. Professional Liability Insurance. On or before the date this Agreement. is fully
executed by the parties, OAC shall provide the City with a certificate of insurance as evidence of
professional liability coverage with a limit of at least Two Million Dollars ($2,000,000.00) for each
claim —and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The
certificate shall clearly state who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect. The insurance shall be with an
insurance company rated A -VII or higher in Best's Guide and admitted in the State of
Washington. If the policy provides protection on a claims made basis, the retroactive date of the
insurance policy shall be on or before the date this contract is executed by both parties hereto,
or shall provide full prior acts coverage. The insurance coverage shall remain in effect during
the term of this Agreement and for a minimum of three (3) years following the termination of this
Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, OAC shall provide the City with a certificate of insurance as proof of
commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) per occurrence/aggregate limit for death, bodily injury and property damage.
The certificate shall clearly, state who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect
for the duration of this Agreement. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds and shall contain a clause that the insurer will not
cancel or reduce the insurance limits 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.
c. Commercial Automobile Liability Insurance. On or before the date this Agreement is
fully executed by the parties, OAC shall provide the City with a certificate of insurance as proof
of commercial automobile liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) per occurrence/combined single limit bodily injury and property damage. The
certificate shall clearly state who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy -shall name the City, its elected officials, officers, agents,
and employees as additional insureds and shall contain a clause that the insurer will not cancel
or reduce the insurance limits 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.
d. Insurance Provided by Subcontractors. OAC shall ensure that all subcontractors it
utilizes for work/services required under this Agreement shall comply with all of the above
insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
per -formed by OAC and no person other than regular associates or employees of OAC shall be
engaged upon such work or services except upon written approval of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part, either before, during or after performance or as a
result of settlement, by either party to any other person orentity without the prior written consent
of the other. Consent may be withheld for any reason or arbitrarily. In the event that such prior
written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement 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 Agreement, 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.
18. Termination. Either party may terminate this Agreement at any time, without cause, by
providing the other party with written notice of termination ten (10) calendar days prior to the
effective termination date. The parties shall deal with each other in good faith during the ten
(10) day period after any notice of intent to terminate without cause has been given.
With reasonable cause, either party may terminate this agreement effective immediately upon
the provision to the other party of written notice of termination for cause. The notice for cause
shall include a specific description of the basis for the reasonable cause asserted and, at the
sole discretion of the terminating party, may allow a period not to exceed thirty (30) days from
the date of notice for the party receiving notice to cure the cause asserted as justification for
termination prior to termination becoming effective. In the event an opportunity for cure is
offered, if satisfactory cure is not provided within the time permitted by the notice, in no case
longer than thirty (30) days from the date of notice, this Agreement shall terminate. Reasonable
cause shall include, but shall not be limited to:
a. Notice by the City that the services provided by this Agreement are no longer
required.
b. Material violation of this Agreement.
c. Any act that exposes the other party to liability to others for personal injury or property
damage.
19. Severability. If any portion of this Agreement is changed per mutual agreement of the
parties, or any portion is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall continue in full force and effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
Michael Morales
Deputy Director, CED
City Hall
129 North Second Street
Yakima, WA 98901
(509), 575-6113
TO OAC: Daniel J. Chandler
Managing Principal
Olympic Associates Company
701 Dexter Ave North #301
Seattle, WA 98109-4342
Phone: (206) 285-4300
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above, or as amended in writing.
21. Third Parties. The City and OAC are the only parties to this Agreement and are the
only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or
shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Changed Conditions. This Agreement may be supplemented, amended or revised
only in writing and by Agreement of both parties. Should the conditions of work change so as to
materially affect the level of effort or time required to perform the Scope of Work set forth herein,
OAC shall immediately notify the City of the changed conditions and shall propose an equitable
adjustment to the fee and schedule. The adjustment proposal shall be subject to negotiation
between the parties.
23. Force Majeure. OAC shall not be liable for delays 'resulting from circumstances or
causes beyond its reasonable control, including, without limitation, fire or other casualty, act of
God, strike or labor dispute, war or other violence or any law, order or requirement of any
governmental agency or authority.
24. Drafting of Agreement. Both the City and OAC have participated in the drafting of this
Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and/or action in which this Agreement and its
terms and conditions are being interpreted and/or enforced.
25. Ownership of Materials / Work Produced. Material worksproduced in the
performance of the work under this Agreement shall be as for hire as defined by the U.S.
Copyright Act of 1976 and shall be owned by the City. This material includes, but is not limited
to, books, computer programs, plans, specifications, documents, films, pamphlets, reports,
sound reproductions, studies, surveys, tapes, and/or training materials. Ownership, includes the
right to copyright, patent, register, and the ability to transfer these rights. The City agrees that if
it uses any materials prepared by OAC for purposes other than those intended by this
Agreement, or after termination of this Agreemetnt, when OAC is not in default, it does so at its
sole risk and it agrees to hold OAC harmless.
An electronic copy of all or a portion of material produced shall be submitted to the City upon
request or at the end of the Project using the word processing program and version specified by
the City.
26. Integration. This written document constitutes the entire Agreement between the City
and OAC. There are no other oral or written agreements between the parties as to the subjects
covered herein. No changes or additions to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and executed by both parties. In the event of
conflict with other parts of the Agreement, these terms and conditions shall control.
27. Disputes. In the event of a dispute between the City and OAC, it is agreed that every
effort shall be made to resolve the matter between the parties directly. Either party may elect to
pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either
not successful or not desirable, any dispute relating to this Agreement shall be decided in
accordance with the laws of Washington. If both parties consent in writing, other available
means of dispute resolution may be implemented.
Neither party may commence legal action against the other arising out of or relating to this
Agreement or the alleged or actual breach of this Agreement unless the action is commenced
within six (6) years from the date on which OAC has last performed services under this
Agreement.
28. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of. Washington.
29. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
30. Limitation of Liability. City agrees to limit the aggregate amount of any damages
and/or costs (including attorney fees and expert witness fees) that City may recover against
OAC (together with its shareholders, officers, directors, consultants, and employees) to the
amount of proceedsavailable, at the time the damages and/or costs are paid, under OAC's
insurance policy or policies applicable to the claim made by City, provided, however, that in
the event proceeds available at the time under OAC's policies are not sufficient to
compensate City for its damages and/or costs, OAC shall be responsible to pay such
damages and/or costs up to a maximum of the fees for services paid by City to OAC under
this Agreement. The types of claims to which this limitation applies include, but are not limited
to, claims based on negligence, professional errors or omissions, indemnity or contribution,
breach of contract, breach of expressed or implied warranty and strict liability.
31. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
CITY OF YAKIMA
By:
R. A. ais, Jr., uity Manager
OLYMPIC ASSOCIATES COMPANY
ani- J. Chandler, Managing Principal
Date: / l — �.; .> Date: j0 • Z�
ATTEST: C
t 1(
6-L.iAL g *
City Clerk f°
City Contract No. ZOO 8— 118
City Resolution No. - 2,0 0 8— 1 `-�8
EXHIBIT "A"
Scope of Services
❑ Prepare Project Approval Application for CPARB Project Review Committee (PRC)
with
support from the City of Yakima, Capitol Theatre and retained legal staff.
O Prepare for and attend PRC oral presentation including organization, coaching and
Power
Point preparation -
▪ Assist in marketing efforts to attract the most qualified contractors
❑ Prepare GC/CM-RFQ, RFP, Cost Responsibility Matrix
❑ Prepare the contract (modified AIA documents) between the GC/CM and the City of
Yakima with the assistance of the City's legal counsel
0 Lead the GC/CM selection process including advertising, receiving SOQ's,
coordinating and
facilitating selection committee meetings, documenting scoring sheets and notifying
proposers of results
❑ Maintain organized files of all GC/CM selection efforts for the City of Yakima files and
presentation to the public or proposers if requested
❑ Coordinating and/or delivering contractor briefings to unsuccessful proposers if
requested
❑ Assist the City of Yakima and its legal counsel with contract negotiations with
successful
contractor
❑ Attend owner -architect -contractor meetings during the design phase to assist with
integration of the GC/CM into the project team
E Review critical estimates at each phase and provide recommendations to the City of
Yakima
regarding the reasonableness of estimates provided by both the GC/CM and the
architect's
cost consultant
❑ Provide project management support services including but not limited to the
following:
o Progress reports throughout as required by the City of Yakima and any project
funders
o Maintenance of project documentation for turn over to the City of Yakima at the
end of the project
o Review and recommendations on the project master schedule
o Phasing recommendations geared toward an expedited delivery and
maintenance of cost control
o Provide a project website for tracking of critical project data including:
schedules,
budgets, meeting minutes, drawings, RFI's, change orders
❑ Assistance in negotiations with the GC/CM in development of the MACC/GMP
contract amount
❑ Construction Phase Services .
o Assist with subcontractor bidding procedures and evaluation of bid results and
subcontracts
o Third party review of al RFI's, change orders, and monthly applications for payment
o Provide a representative at bi-monthly construction progress meetings to review
progress
and construction
o Confirm status of as -built record drawings, monitor shop drawings and submittals, and
O&M manuals
o Monitor Architect, Engineer, Contractor and subcontractors work
Olympic Associates Company (OAC) proposes to support the City of Yakima by
combining the
strengths of two of OAC's strongest project management professionals. Dan Chandler,
Managing Principal will support the project with overall GC/CM process and contract
oversight;
Nicole Brown will provide day to day project management duties including RFQ/RFP
prep,
advertising, GC/CM selection, design and construction phase assistance.
OAC proposes to support the project via telephone and e-mail to the greatest extent
possible. OAC will open and host a secure project website where critical project data
including: drawings, schedules, budgets, meeting minutes, contacts, and calendars will
be shared with all project participants. OAC's attendance at Project meetings will also
be coordinated with other projects in the area to minimize travel time and costs.
OAC will work with the City of Yakima and Traho Architects to determine oversight
solutions during construction including retaining local talent to attend weekly job
meetings and maintain quality and schedule.
EXHIBIT "B"
(Attach Fee Estimate Sheet Here)
Capitol Theatre Expansion Projects
City of Yakima
FEE ESTIMATE
Major Work Activities
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a
Jun
Jul
Luue
Hourly
Rate
Jan
Oct
Feb
Dec
Mar
Totals
Apr
Dec
May
Construction Oversight-Pav&Plaza
Jun
Schematic Estimate -Pavillon
Jul
Aug
Sep
Oct
Nov
Negotiate GMP -Pavillon
Dec
Total
Hours
Totals
PRC Application/Presentation
40
Bidding -Plaza
16 40
Negotiate GMP -Plaza
$ 159
40
16
16
20 20 20 20 20 20 20 20 20
Review RFI's, CO's, Appl for Pymt
GCCM Selection
16 16 16 16 16 16 16 16 16
20
0
0
Nicole Brown
$ 152
60
20
40
Design Development/Sched-Prod Ctr
72
132
116
36
36
36
36
36
8 8
$ 105,792
Admin Support/Intern
$ 57
8
8
8
16
16
16
16
Nicole Brown
$ 145
8
0
8
0
$ 7,752
0
$ 179
0
4
0
4
0
0
0
0
16
4
64
8
88
$ 12,760
Admin Support/Intern/Website update
$ 52
$ 122,136
8
24
16
48
$ 2,496
Dan Chandler
$ 170
20
4
24
$ 4,080
Total Estimated Fee 2008
$ 19,336
Major Work Activities
2009
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.....
- .. _ ..
Luu9
Hourly
Rate
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Hours
Totals
Design Dev/Sched-Prod Ctr, Pay, Plaza
Dec
20 20 20 20 20
Construction Oversight-Pav&Plaza
Schematic Estimate -Pavillon
40
Bidding -Pavillon
16 40
Negotiate GMP -Pavillon
40
Schematic Estimate -Plaza
40
Bidding -Plaza
16 40
Negotiate GMP -Plaza
$ 159
40
Construction Oversight -All
36
20 20 20 20 20 20 20 20 20
Review RFI's, CO's, Appl for Pymt
36
16 16 16 16 16 16 16 16 16
20
0
0
Nicole Brown
$ 152
60
20
60
56
72
132
116
36
36
36
36
36
696
$ 105,792
Admin Support/Intern
$ 57
8
8
8
16
16
16
16
16
8
8
8
8
136
$ 7,752
Dan Chandler
$ 179
4
4
4
4
4
4
4
4
4
4
4
4
48
$ 8,592
Total Estimated Fee 2009
$ 122,136
Major Work Activities
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- .. _ ..
;�Y,m'20104' <t3 " i,.' -fid ` r., ..."
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248
tutu
Hourly
Rate
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Totals
Construction Oversight-Pav&Plaza
20 20 20 20 20 20
Review RFI's, CO's, Appl for Pymt
16 16 16 16 16 16 16
Closeout
20 20
Nicole Brown
$ 159
36
36
36
36
36
36
36
20
0
0
0
0
272
$ 43,248
Admin Support/Intern
$ 63
8
8
8
8
8
8
8
8
64
$ 4,032
Dan Chandler
$ 188
4
4
4
4
4
4
4
4
32
$ 6,016
Total Estimated Fee 2010
$ 53,296
Project Totals
Totals
Total Estimated Hours Nicole
1,056
Total Estimated Hours Admin
248
Total Estimated Hours Dan
' 104
Total Hours
1,408
Total Estimated Fee
$194,768
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: October 21, 2008
ITEM TITLE: Consideration of a Resolution authorizing execution of a "Construction
Management Agreement" with Olympic Associates Company in an amount not to
exceed One Hundred Ninety Five Thousand Dollars ($195,000), to provide
construction management services for improvements to the Capitol Theatre
SUBMITTED BY: Bill Cook, Director CED
CONTACT: Michael Morales, Deputy Director CED, 575-3533
SUMMARY EXPLANATION:
The Capitol Theatre Committee presented a multi -phase expansion plan to the City Council at a
study session on March 25, 2008. As the project is funded primarily from a Public Facilities
District, funds will be administered by the city and a formal Request for Qualifications was
conducted to select an architect. The city council approved a contract with Traho Architecture
for these services.
As the project will utilize the General Contractor -Construction Manager (GCCM) process for bid
and construction, the city also needs to engage a consultant, separate from the architect, to
carry out these tasks and manage the project in the city's interest. This is a requirement for
receiving certification from the state of Washington to utilize the GCCM process.
City staff, in conjunction with Traho Architects and the Capitol Theatre, issued a request for
qualifications from three firms that have experience with GCCM. After a review of qualifications
and experience, Olympic Associates was recommended for the contract.
Under the proposed agreement, Olympic Associates will begin its work with the city by
-preparing the proposal package and presenting to the state certification board for GCCM, and
will stay involved with the project through construction. The remainder of Olympic's scope of
work is more specifically described in Exhibit "A" of the attached agreement.
Resolution X Ordinance Contract X Other:
Funding Source: Public Facilities District — Capitol Theater Construction Fund
Approval for Submittal:
City Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Staff recommends approval of the contract.