HomeMy WebLinkAboutR-2013-042 Yakima Downtown Master Plan Preparation Agreement with Crandall ArambulaRESOLUTION NO. R- 2013 -042
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Crandall Arambula not to exceed $114,996 to
prepare a Yakima Downtown Master Plan,
WHEREAS, the Yakima City Council has established that redevelopment of the
Yakima Downtown Area is an Economic Development priority and in order to implement
that priority, a Downtown Master Plan is necessary; and
WHEREAS, the City of Yakima has followed the procedures established by the
State of Washington to select and recommend a professional firm using the Municipal
Research and Service Center Professional Services Roster process to conduct the
selection of a firm to prepare the document and conduct the public participation element;
and
WHEREAS, Crandall Arambula Consulting Services submitted a Contractor
Qualification Statement, was interviewed, and recommended by a 10- person Selection
Committee consisting of stakeholders, professional staff and City Council members and
determined to be the preferred firm to prepare the Yakima Downtown Master Plan; and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project;
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services
Agreement with Crandall Arambula attached hereto and incorporated herein by this
reference not to exceed One Hundred Fourteen Thousand, Nine Hundred and Ninety -Six
dollars ($114,996) to provide the Professional Services as described in the Agreement,
now, therefore,
ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2013.
,rte
ATTEST' Micah Cawley, Mayor
Sonya aar Tee, City Clerk
D-
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
CRANDALL ARAMBULA
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 20th day of March, 2013, 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 Crandall Arambula, hereinafter
referred to as "CONSULTANT "; said corporation are licensed and registered to do business in the State of
Washington, and will provide services under this Agreement for Yakima Downtown Master Plan,
hereinafter referred to as "SERVICES" on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this
Agreement and subsequent Amendments thereto; and
WHEREAS, CONSULTANT 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 CONSULTANT 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
2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Don
Arambula as Consultant -in- Charge throughout the term of this Agreement unless other personnel
are approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if
fully set forth herein by November 30, 2013.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT 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
CONSULTANT to revise portions of the WORK previously completed in a satisfactory manner,
delete portions of the WORK, or request that the CONSULTANT perform additional WORK
RFQ #11234 -Q Page 1 of 10
V,
beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost
of, or time required for, performance of any services under this Agreement, a contract
price and/or completion time adjustment pursuant to this Agreement shall be made and
this Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT, and if so authorized, shall be considered part of the
WORK. The CONSULTANT shall not perform any Additional Services until so
authorized by CITY and agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from
the date of the CONSULTANT's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in
the CITY'S possession relating to the CONSULTANT'S services on the WORK.
3.2 ACCESS TO FACILITIES AND PROPERTY. The CITY will make its facilities reasonably
accessible to CONSULTANT as required for CONSULTANT'S performance of its services and
will provide labor and equipment as reasonably required by CONSULTANT for such access.
3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, 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 CONSULTANT of any contractual obligations nor of its duty to render
professional services meeting the standards of care for its profession.
34 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. CONSULTANT shall be entitled to reasonably rely on such instructions
made by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative
any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate
based upon the CONSULTANT'S knowledge.
3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of
its duties and obligations under this Agreement or at law. The CONSULTANT 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 there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT 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: For the services described in Exhibit A, compensation shall be $114,996.
RFQ #1 1234-Q Page 2 of 10
r
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 CONSULTANT'S vehicles, meals and
lodging; 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 ten percent (10 %) and on the basis of current rates when furnished by
CONSULTANT.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT 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 WORK. CONSULTANT, 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.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed $114,996. The CONSULTANT will make 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 CONSULTANT is
not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the CONSULTANT beyond these limits. When any budget has been increased,
the CONSULTANT'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 CONSULTANT shall submit to the City's Representative an invoice each month for payment
for services completed through the accounting cut -off day of the previous month. Such invoices
shall be for services and WORK performed and costs incurred prior to the date of the invoice and
not covered by previously submitted invoices. The CONSULTANT shall submit with each
invoice a summary of time expended on the PROJECT for the current billing period, and any other
supporting materials determined by the City necessary 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 CONSULTANT promptly if any
problems are noted with the invoice. CITY may question any item in an invoice, noting to
CONSULTANT the questionable item(s) and withholding payment for such item(s). The
CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
5.4 Payment terms are net 30 days after receipt of approved invoice(s).
RFQ #11234 -Q Page 3 of 10
N
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its
elected officials, agents, officers, employees, agents 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 or omission or willful misconduct arising out of the
CONSULTANT'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 CONSULTANT, the
CONSULTANT shall at once cause the same to be dissolved and discharged by
giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT 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 service.
(c) If the negligence or willful misconduct of both the CONSULTANT 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 CONSULTANT 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.
6.2 In any and all claims by an employee of the CONSULTANT, 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
CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts.
CONSULTANT'S INITIALS CITY'S INITIALS
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 The CONSULTANT, 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 WORK. The CITY shall also have access to such books, records, and
documents during the performance of the WORK, if deemed necessary by the CITY, to verify the
CONSULTANT'S WORK and invoices.
RFQ #11234 -Q Page 4 of 10
7.2 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
7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access
to records pursuant to this section provided that the CONSULTANT 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 written comments, if any, of the CONSULTANT
7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 8 INSURANCE
8.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in
effect insurance to protect the City and the CONSULTANT from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
CONSULTANT shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
8.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. 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 policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds,
and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall
be crossed out and initialed by the insurance agent). 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.
8.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by
the parties, OIC shall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total minimum liability limit 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 CONSULTANT 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 Contract, which is
Section 12.2 entitled "Commercial Liability Insurance ".
C. Under either situation described above in Section 3.a and Section 13.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.
RFQ #11234 -Q Page 5 of 10
N ,
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent). 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.
8.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
8.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
CONSULTANT shall provide the City with a certificate of insurance as proof of
professional liability coverage with a total minimum liability limit of Two Million
Dollars ($2,000,000.00) per claim combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar days
prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be
crossed out and initialed by the insurance agent). 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 officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected 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 9 SUBCONTRACTS
9.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement.
SECTION 10 ASSIGNMENT
10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT 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 11 INTEGRATION
11.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
RFQ #I 1234-Q Page 6 of 10
with respect to those matters covered herein. This Agreement may not be modified or altered
except in writing signed by both parties.
SECTION 12 JURISDICTION AND VENUE
12.1 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 of all disputes arising under this Agreement shall be Yakima County,
State of Washington.
SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION
13.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's
subconsultants 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
provision of services under this Agreement. CONSULTANT agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
SECTION 14 SUSPENSION OF WORK
14.1 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. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering
with normal progress of the WORK. CONSULTANT may suspend WORK on 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 15.
SECTION 15 TERMINATION OF WORK
15.1 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.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONSULTANT 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
termination.
15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract
price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
RFQ #1 1234-Q Page 7 of 10
profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT
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 CONSULTANT'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 CONSULTANT 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.
15.4 If the CONSULTANT 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
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT
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 CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals, provided, the CONSULTANT shall
have no responsibility to prosecute further WORK thereon.
15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is
determined that the CONSULTANT 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 15.4 of this Section.
15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of
the CONSULTANT to render his services to the PROJECT, the CONSULTANT 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 15.3 of this Section.
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the afore mentioned methods are either not successful then
any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
RFQ #1 1234-Q Page 8 of 10
SECTION 17 NOTICE
17.1 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
Tony O'Rourke, City Manager
129 North 2nd Street
Yakima, WA 98901
CONSULTANT: Crandall Arambula, PC
520 SW Yamhill Street, Roof Suite #4
Portland, OR 97204 .....................
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.
CRANDALL ARAMBULA
Don Arambula
Printed Name: Don Arambula
Title: City Manager Title: Principal
Date: -At_ fA
Attest
City Clerk
City Contract No. 2013- a.S a
Resolution No RR- 2013 -CD
RFQ #1 1234-Q Page 9 of 10
March 20, 2013
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services shall include, but may not be limited to:
A -1 WORK SCOPE
A -2 BUDGET
A -3 DOWNTOWN YAKIMA STUDY AREA
RFQ 411234 -Q Page 10 of 10
YAKIMA DOWNTOWN MASTER PLAN
EXHIBIT A -1
WORK SCOPE
1.0 STARTING
1.1 Analysis of Existing Conditions and Preparation of Base Map A full
review of existing conditions will be provided.
• Prepare Base Map of Existing Conditions in AutoCAD /GIS Format Create
appropriate base mapping materials. The mapping materials will be created in
a format that is suitable for meeting PowerPoint presentations, display maps
and final documents. A conference call between Crandall Arambula staff and
City GIS coordinator will occur prior to the kickoff meeting to clarify availability
of mapping data and agreement on final product format requirements where
possible, the city will provide mapping data in GIS or AutoCAD format. Base
mapping information will be provided in layer and /or composite format as
requested All essential information data will be provided by the City within two
weeks of request by the Crandall Arambula team. These will include (at a
minimum) property /parcel lines, public rights -of -way, roadway center lines,
curbs, sidewalks, building footprints, existing and planned paths, trails, bike
routes, and open spaces, major utility locations, transit lines, rivers, streams,
flood plains, historic districts, zoning and financing or renewal districts. All
project specific logos, City logos or other similar graphics will be provided by
the City at a minimum, mapping data information will be provided by the City
for the study area. Additional Street & parcel base map information will be
provided by the City for a 1 mile radius influence area if requested by the
Crandall Arambula team.
• Retail - Assess and Inventory Crandall Arambula will review the retail
assessment and inventory by Thomas Consulting.
• Urban Design - Assessment and Inventory Inventory and assessment of
existing building areas along key corridors will be tabulated and mapped for
aerial photography. Assessment of architectural character- form, massing,
orientation, and ground floor use will be identified.
• Transportation and Parking - Inventory and Analysis Fehr & Peers will
qualitatively assess current and projected traffic conditions. Existing capacity
and level of service will be assessed. Future growth based on the City's traffic
model and land uses will be identified. Existing traffic, transit, bicycle, and
pedestrian information will be presented using readily available existing
documents and plans. No new data collection is included in this task for
these modes. Existing on- street parking will be assessed. Through the use of
windshield surveys, aerial photographs or other means. Current parking
requirements for existing land uses will be assessed. Existing parking
occupancy surveys will be limited to two survey periods within the defined
study area, It is assumed that the occupancy surveys will be completed
during Trip 1.
CRANDALL ARAMBULA
■ Public Amenities- Assess Locations - Plazas, Parks Crandall Arambula
will assess the current features of the current plazas and parks and the
pedestrian environment. Assessment will include a criteria that fosters
creation of an active 18 -hour environment and that supports retail and
housing development in particular.
Deliverables: Existing Conditions Memorandum (electronic copy -ready format
only)- text,\�maps, tables and diagrams necessary to illustrate existing and project
conditions ' will be provided; one summary graphic of opportunities and
constraints, one PowerPoint presentation; Electronic AutoCAD/GIS study area
base map.
1.2 Prepare Materials for Trip 1
PowerPoint presentations, base maps, and all relevant information will be
prepared for kick -off, committee, and stakeholder meetings. Meeting materials
will be previewed by conference call with the City of Yakima prior to Trip #1.
Adjustments to meeting materials will be made as necessary.
Deliverables: PowerPoint presentation (s), table maps (8 maximum) for
workshops, response sheets
1.3 Kick -off Meeting with City Staff (Trip 1)
Crandall Arambula will meet with the City's staff in a project orientation client
team meeting to discuss the project's goals, objectives, deliverables, schedule
and the on -site workshop and stakeholder outreach process.
1.4 Committee and Stakeholder Meetings and Public Workshop (Trip 1)
The Crandall Arambula team will present background information- existing
conditions and assessments. Project schedule, goals and objectives and desired
results will be discussed. No plan proposals or strategies will be offered.
1. Committee and Stakeholder Meetings: Crandall Arambula will conduct one -on-
one sessions (lasting a half -hour to an hour over the course of an entire day) with
public and private stakeholders, including business and property owners,
employees, citizens, neighborhood groups, developers, realtors and others to
discuss their issues and preferences in a candid environment. The meetings will
obtain and document stakeholder perspectives, values, issues, and desired
outcomes for consideration during the development of the downtown plan.
Stakeholder desires and concerns will be documented using individual response
sheets /questionnaires.
2. Public Workshop: Working with the City, Crandall Arambula will lead a two -part
meeting with the public and stakeholders. Part one will include an introduction of
the team and a PowerPoint presentation reviewing the project, schedule,
background and educational information, existing conditions, and input on draft
objectives. The second part of the meeting will include table discussions.
Participants will discuss and comment on the draft project objectives and issues
CRANDALL ARAMBULA 2
associated with downtown Yakima. Community desires and concerns will be
documented using individual response sheets /questionnaires.
Deliverables: PowerPoint Presentation(s), response sheets (electronic copy -
ready file)
1.5 Summarize Project Goals and Meeting Findings
Crandall Arambula will create a summary memorandum of all committee,
stakeholder, public comments and response sheets. The memorandum will be
prepared and delivered to the City following Public Meeting #1.
Deliverables: Summary of project goals memorandum (copy -ready electronic file)
2.0 DESIGNING
2.1 Development of Alternatives that respond to Project Goals
Crandall Arambula will develop design alternatives for consideration during
committee meeting and public workshop #2. Options will be responsive to the
downtown objectives finalized in Task 1 and will examine a broad range of
growth scenarios with a focus on:
Urban Design Concepts (Land Use Framework). Crandall Arambula will
develop land use concepts that will describe the Downtown Retail Plan along
with other compatible uses. The work task will include development of sketch -
level concepts for strengthening existing uses, redevelopment or
intensification of both privately owned and public parcels. Sub -areas and
districts will be identified. For key sites, upper floor consideration of existing
building reuse or redevelopment will be considered.
Yakima Mall Redevelopment Concepts. Crandall Arambula will develop
`sketch - level' concepts for the Yakima Mall site.
Public Amenities Concepts Crandall Arambula will provide sketch -level site
design concepts for: plazas & parks; a permanent Farmer's Market; and
public art locations.
Roadway Concepts The Crandall Arambula Team will develop 'complete
street' concepts for travel lanes, parking lanes, and turn lanes for Yakima
Avenue and key intersecting streets. Treatment of roadways will likely vary in
relationship to adjacent land use objectives. Some corridor segments will
have an emphasis on improving auto access and mobility while other
segments may have an emphasis on pedestrian friendly `place- making'.
Innovative concepts for `road -diet' lane reduction or ideas will be considered
(where appropriate) for pedestrian- emphasis zones or locations where
additional parking may be desirable. Changes to existing policies concerning
roadway design speed and design vehicle will be also be considered to
enable a more pedestrian bike - friendly environment.
Gateway Concepts. Crandall Arambula will develop concepts for
entry/transitions into and within the downtown. Entry concepts will consider
both the public and private realm. The framework will suggest signs or
monuments, land uses, open spaces, landscaping, architectural form,
CRANDALL ARAMBULA
3
s..
massing or other method to effectively define districts or subareas along
study area corridors.
Parking Concepts. Crandall Arambula will develop concepts for parking
within the corridor. On- street parking will be maximized. Off - street parking
structures or lots that support existing retail & consider future retail
opportunities will be identified. Parking for associated key uses - housing,
employment & civic uses will be considered.
Pedestrian /Bike Concepts Crandall Arambula will develop `Active
Transportation' (pedestrian and bicycle) concepts that will reduce auto
dependency within the study area. Concepts will ensure residents, shoppers,
employees and visitors have a safe access to all destinations within the study
area. Key linkages /routes to destinations outside the study area will be
considered. Means to increase access during all seasons and weather
conditions will be explored. Innovative pedestrian and bikeway facilities that
significantly increase ridership, such as protected bikeways, will be explored.
Additional enhancements to recent sidewalk and intersection improvements
will be identified.
Trolley Concepts Fehr & Peers will develop concepts to increase Trolley
ridership. Improvements may include facility and or operational changes. The
Crandall Arambula Team will explore opportunities to better integrate existing
uses.
Deliverables: Alternatives Memorandum (electronic copy -ready format only) —
text, maps, diagrams, and tables necessary to describe and assess
alternatives will be provided; one PowerPoint presentation
2.2 Prepare Materials for Trip 2
PowerPoint presentations, alternative graphics and any other relevant
information will be prepared for committee meetings and the public workshop.
Deliverables: PowerPoint presentation (s), table maps (8 maximum) for
workshops, response sheets
2.3 City Staff Meeting
Prior to Trip 2, Crandall Arambula will conduct a conference call with City Staff to
review the committee meeting, workshop materials, and presentation.
Suggestions or changes made by staff will be incorporated into the PowerPoint
presentation.
Deliverables: Updated PowerPoint presentation(s), table maps (8 maximum) for
workshops, response sheets
2.4 Committee Meetings and Public Workshop (Trip 2)
The Crandall Arambula Team will present alternatives and assessments.
1. Committee Meetings: Crandall Arambula will conduct committee meetings with
public and private stakeholders. The meetings will obtain and document
committee perspectives on alternatives. Committee desires and concerns will be
documented using individual response sheets /questionnaires.
CRANDALL ARAMBULA
4
s
2. Public Workshop: Working with the City, Crandall Arambula will lead a two -part
meeting with the public and stakeholders. Part one will include an introduction of
the team and a PowerPoint presentation reviewing the project, schedule,
background and educational information, and alternatives. The second part of the
meeting will include table discussions. Participants will discuss and comment on
the draft project objectives and issues associated with downtown Yakima.
Community desires and concerns will be documented using individual response
sheets /questionnaires.
Deliverables: PowerPoint Presentation (s), response sheets (electronic copy -
ready file)
2.5 Identify Preferred Alternative
Based on feedback from the committees and public workshops, a preferred
concept will be selected and then Crandall Arambula will provide refinement.
Tabulation of necessary elements- building footage, required parking, conceptual
costs for improvements, etc. will be provided for the preferred concept. The
concept will outline retail land uses, urban design elements, public amenities,
transportation and parking components. The concepts will be created in the form
of diagrams, plans, sections and 3- dimensional illustrations (where needed)
Deliverables: Electronic copy -ready file and PowerPoint refined alternative
suitable for committee, public presentations, and final documents. Updated
electronic copy -ready summary tables or memoranda will be provided.
2.6 Perform Technical Traffic/Transportation Review of Preferred
Alternative
Fehr & Peers will assess and evaluate up to two preferred alternative
transportation concepts in terms of how effectively the concepts create a transit,
pedestrian and bicycle - friendly downtown while maintaining and improving
essential auto and truck mobility requirements for Yakima Avenue and key
intersecting downtown streets within the study area boundary at up to 6 key
locations (blocks, or intersections, or roadway segments). At a minimum a
qualitative assessment shall identify areas of potential conflicts and areas where
additional analysis may be necessary. Where data is available, Fehr & Peers will
assess qualitatively using our Plan+ and MXD tool:
• The impacts of additional development upon existing roadway facilities.
The assessment shall consider key factors such as level of service and
volume to capacity requirements.
• The benefits of increased mode split for pedestrian, bicycle and transit
usage within and connecting to the downtown.
• Specific design proposals for pedestrian, bicycle and transit facilities will
be reviewed in accordance to agreed upon design requirements (design
speed, design vehicle turning radii, etc.) for Yakima Avenue and key
intersecting streets.
• A traffic model run will not be performed by Fehr & Peers. If determined
during the course of the project that site specific intersection operations
CRANDALL ARAMBULA 5
are necessary, select intersections can be analyzed on a per intersection
basis (not to exceed three intersections).
Future year traffic forecasts will be developed in consultation with City
staff based on existing transportation planning data and documents.
These forecasts will then be modified accordingly to account for potential
changes within the downtown area as part of this study. This information
will be used to complete a qualitative planning -level roadway capacity
analysis to evaluate the feasibility and impacts of the preferred alternative.
Potential changes include roadway capacity changes (i.e. four -lane to
three - lane).
3.0 IMPLEMENTING
3.1 Prepare Final Presentation Materials
PowerPoint presentations, summary memos, preferred alternative graphics and
all relevant information will be prepared for committee meetings and the public
workshop.
Deliverables: PowerPoint presentation (s), table maps (8 maximum) for
workshops, response sheets
3.2 City Staff Meeting
Prior to Trip 3, Crandall Arambula will conduct a conference call with City Staff to
review the committee meeting, workshop materials, and presentation.
Suggestions or changes made by staff will be incorporated into the PowerPoint
presentation.
Deliverables: Updated PowerPoint presentation (s), table maps (8 maximum) for
workshops, response sheets
3.3 Final Committee Meetings and Public Workshop (Trip 3)
The Crandall Arambula Team will present the preferred alternative and
assessment.
1. Committee Meetings: Crandall Arambula will conduct committee meetings with
public and private stakeholders. The meetings will obtain and document
committee perspectives on the preferred alternative. Committee comments will
be documented using individual response sheets
2. Public Workshop: Working with the City, Crandall Arambula will lead a two -part
meeting with the public and stakeholders. Part one will include an introduction of
the team and a PowerPoint presentation reviewing the project, schedule,
background and educational information, and preferred alternative. The second
part of the meeting will include table discussions. Participants will discuss and
comment on the preferred alternative. Community comments will be documented
using individual response sheets.
CRANDALL ARAMBULA 6
0
IL,
3.4 Public Meeting (Trip 3)
An overview of the preferred alternative will be provided to adopting bodies -
Council and Commission(s). Comments will be documented using individual
response sheets
Deliverables: PowerPoint Presentation (s), response sheets (electronic copy -
ready file)
3.5 Project Summary Document
Crandall Arambula will assemble and format all essential plan elements into a
single document. The document will include: 1) an executive summary suitable
for SEPA and Comprehensive Plan incorporation 2) plan element descriptions; 3)
implementation strategies including recommendations for regulatory (design
standards) and design guideline updates and identification of 'game- changing'
and other priority projects, including conceptual cost estimates, schedules and
responsibilities 4) an appendix that will include all summary memoranda, process
and meeting materials. A draft will be provided for review and comment. After
review, Crandall Arambula will finalize the document.
Deliverables: Draft and Final Document (50 Pages Maximum- excluding
appendix; copy -ready electronic file)
CRANDALL ARAMBULA 7
ra
YAKIMA DOWNTOWN MASTER PLAN
EXHIBIT A -2
BUDGET
Crandall Arambula
Fehr & Peers
G. Crandall/ D.
Arambula
J. Graf
B.Payne
Kendra
Breiland,
AICP
Jonathan
Wilhams
Meetings
Total Cost Per
Task
Project Principal
Project Manager
Project
Associate
Support Staff
Project
Manager
Project
Planner
$165
$110
$85
$65
$160
$125
Scope of Work
Phase 1 -Starting
Task 1 1 Analysis of Existing Conditions and Preparation of Base Map
$7,57
8
24
24
0
2
10
Task 1.2 Prepare Materials for Trip 1
$4,66
4
24
16
0
0
0
Task 1.3 Kick -Off Meeting with City Staff
Trip 1
$1,96
6
3
0
0
4
0
Task 1 4 Committee and Stakeholder Meetings and Public Workshop
Trip 1
$6,36
26
13
0
0
4
0
Task 1.5 Summary of Project Goals and Meeting Findings
$4,29
2
16
18
8
2
0
Total Hours - Phase 1
212
46
80
56
8
12
10
Total Costs - Phasel
$24,840
$7,590
$8,800
$4,760
$520
$1,920
$1,250
Phase 2 - Designing
Task 2.1 Development of Alternatives that Respond to Project Goals
$20,21 C
39
80
40
7
7
0
Task 2.2 Prepare Materials for Tnp 2
$4,70C
8
16
16
4
0
0
Task 2 3 City Staff Meeting
Trip 2
$88C
4
2
0
0
0
0
Task 2.4 Committee Meetings and Public Workshop
Trip 2
$6,55C
28
14
0
6
0
0
Task 2.5 Identify Preferred Ahemabve
$10,44C
16
40
40
0
0
Task 2 6 Perform Technical Traffierrransponation Review of Preferred Akematm
$7,38
1
4
0
01
11
40
Total Hours - Phase 2
423
96
1561
96
17
18
40
Total Costs - Phasel
$50,145
$15,840
$17,160
$8,160
$1,105
$2,880
$5,000
Phase $ - Implementing
Task 3.1 Prepare Final Presentation Materials
$12,960
16
40
32
24
4
8
Task 3.2 Cfty Staff Meeting
$880
4
2
0
0
0
0
Task 3.3 Final Committee Meetings and Public Workshop
Trip 3
$3,521
16
81
0
01
0
0
Task 3.4 Public Meeting
Trip 3
$88
4
21
0
01
0
0
Task 3.5 Project Summary Document
$18,081
241
601
12
4
a
Total Hours - Phase 3
32
64
112
92
36
8
16
Total Costs - Phase 3
$36,320
$10,560
$12,320
$7,820
$2,340
$1,280
$2,000
Total Hours
963
206
348
244
61
38
66
Total Costs
$111,305
$33,990
$38,280
$20,740
$3,965
$6,080
$8,250
TOTAL LABOR
$111,305
$96,975
$14,330
Expenses
$3,355
Reimbursement for Direct Non -Salary Expenses @10%
$336
$114,996 I
Fehr and Peers Expenses
$610
Crandall Arambula Hotel $150 /night/pemon, 3 trips, 1 night, 3 people,
$1,350
Crandall Arambula Rental Car $75 /per day, 3 trips for 3 days
$675
Crandall Arambula Per Diem Q $40 1per day /per person, 3 people /3 trips/2 days
$720
Total Expenses
1 $3,355
s
Q
L.L
� m
CO
5< LLJ
L
Z V`
m 0
O y D
X
Z �--
LU V)
Z
0
CQ O
G
i z
Q
O
0
�I � p�" � t t �L • �'°'� :fir` -. vnr
a kk
W-C t• - MV.. ,e�.1E1.; ask s v,i i`��LS.. . �.. -4
�..' FPM': = . " '� • �,�
�IA
WD 5 NZ J J\
3�V �1S Fl
. A
,
's t?
Ikl
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: April 2, 2013
ITEM TITLE: Resolution authorizing a Professional Services Agreement
with Crandall Arambula not to exceed $114,996 to prepare
the Yakima Downtown Master Plan
SUBMITTED BY: Joan Davenport, Strategic Project Manager
Sean Hawkins, Economic Development Manager
CONTACT Joan Davenport, 576 -6417
PERSONITELEPHONE:
SUMMARY EXPLANATION:
One of the City Council Strategic Priorities for Economic Development is the redevelopment
of Downtown Yakima. The Council authorized preparation of a Downtown Yakima Master
Plan that includes elements for a Retail Plan, Urban Design, Public Amenities, Design
Standards, Parking and Traffic Circulation, and an Implementation Plan. The City received
10 written proposals for this project and a 10 - person Selection Committee recommended.
the professional firm of Crandall Arambula (from Portland Oregon) to prepare this plan and
conduct the public participation element. A separate contract follows for the firm that will
prepare the Retail Plan element, at a cost not to exceed $114,996.
Resolution X
Contract: X
Contract Term: time spent
basis
Insurance Required? No
Ordinance
Mail to:
Amount: $114,996
Funding Economic Development Fund
Source:
APPROVED FOR
SUBMITTAL:
Other
(specify)
Expiration Date: November 30,
2013
Phone:
City Manager
STAFF RECOMMENDATION:
Adopt the Resolution that authorizes execution of the Professional Services Contract.
BOARD/COMMISSION RECOMMENDATION:
Council Economic Development Committee were part of the 10- person Selection Committee
that recommends this firm.
ATTACHMENTS:
Click to download
L-1 Resolution Authorizing Professional Services Contract with Crandall Aramb
71 Professional Services Contract with Crandall Arambula I
L-1 Exhibit A - Crandall Arambula Scope of Work
E:1 Crandall Arambula Qudget..exhjbi
BID CONTRACT AGREEMENT MODIFICATION NO 1.
BID CONTRACT: City of Yakima RFQ 11234 -Q
DESCRIPTION: Professional Services
SUPPLIER: Crandall Arambula
520 SW Yamhill Street, Roof Suite #4
Portland, OR 97204
MODIFICATION:
Per City Manager request, we are asking Crandall Arambula to make and prepare an
additional presentation to City Council on October 21, 2013.
Council Presentation to Include:
1. Plan Summary
2. Implementation Projects One thru Ten
3. Immediate Actions and Timeline
• Yakima Plaza
• Design Guidelines
• Policy Regulatory Updates
Cost of Presentation
George ($165) Don ($165) Jason(110) Brenda* ($85)
* No time in Yakima
Prepare Slideshow
Prepare Handout
Time in Yakima
Hrs 16 16 16 9
$2640 $2640 $1760 $680
Hours Total: $7,720
Auto Rental: $ 160
Per Diem: $ 120
Total Cost: $8,000
DOLLAR AMOUNT OF MODIFICATION: $8,000
Pg 1 of 2
AUTHORIZATION:
Please see attache s • ro ►, o .. submitted by George Crandall, Authorized Representative of
Crand . 1 Arambul.
(11 1 1 /0 - /a- /3
Ton : ' ourke, ity Manager Date
CITY CONTRAC F NO! `� ✓ a
✓ `�
RESOLUTION NO: u
Pg 2 of 2