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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 ., w,-, .-.3 . `4 -t 6-. .<: ti.r z < ; 008r1;,i .r� mar .w ;' spat .?iizi k4 a . ,e ,_: _ iso : a._. ':,H 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 s = ..a a, ,. . a_ _ , .. ..... - .. _ .. 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 ., , -x s = ..a a, ,. . a_ _ , .. ..... - .. _ .. ;�Y,m'20104' <t3 " i,.' -fid ` r., ..." -»� K,A-=c 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.