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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