HomeMy WebLinkAboutR-2013-043 Yakima Downtown Master Plan, Retail Element Preparation Agreement with Thomas Consultants, Inc.RESOLUTION NO. R- 2013 -043
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Thomas Consultants, Inc. not to exceed $32,000 to
prepare the Retail Element of the Yakima Downtown Master Plan,
WHEREAS, the Yakima City Council has established that redevelopment of the
Yakima Downtown Area is an Economic Development priority. One of the critical
components of this redevelopment is revitalization of the retail component of the
Downtown and a Retail Study for the 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 conduct the Downtown Yakima Retail Study element; and
WHEREAS, Thomas Consultants, Inc. 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 Retail Study for 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 Thomas Consultants, Inc. attached hereto and incorporated herein by
this reference not to exceed Thirty -Two Thousand dollars ($32,000) to provide the
Professional Services as described in the Agreement, now, therefore,
ADOPTED BY THE CITY COUNCIL this 2 "d day of April, 2013.
ATTEST. Micah Cawl y, Mayor
Tee, City erkr y
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
THOMAS CONSULTANTS INC
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 25 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 Thomas Consultants Inc, 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 retail consultancy, 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, Jeff
Greigas 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.
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
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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.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. 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 sigmng 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.
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SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in Exhibit A, total
compensation shall be USD 27,000, to be billed in monthly increments based on time spent, plus
reimbursement for direct non -salary expenses.
51.1 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 USD 32,000. 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
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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 after receipt of approved invoice(s).
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 /F 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
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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.
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"
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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. 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 of size and financial strength acceptable to the City of Yakima.
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.
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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
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
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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
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
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accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
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: Thomas Consultants Inc
Michael Penalosa, Managing Principal
1111 Melville Street, Suite 910
Vancouver, British Columbia, V6E 3V6
Canada
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.
THO AS CONSULT TS C
ichael Penalosa
Printed Name: M` 44 ca— 1 f_�N 1�
Title: City Manager Title: Managing Principal
rincipal
c
Date: y No, Date:
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Attest ex
City Clerk �f
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City Contract No. 2013,6'03
Resolution No. R -2013- �3
RFQ #11234 -Q Page 9 of 14
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services shall include, but may not be limited to:
TASK I: RETAIL MARKET PERFORMANCE INDICATORS RESEARCH
An examination of the past performance and dynamics of the retail sector can provide
clues to the outlook or future trends of the industry. The following will be examined or
highlighted (where data is available):
• Key retail performance metrics such as vacancy rates, lease / rental rates, sales
performance statistics and major mall footfall volumes;
• Growth pattern of major retail development activity within Yakima;
• Major retail, food / beverage or entertainment brands / operators that are active (or
recent new entries in the market) in the region;
• Evolution of retail or shopping center format in the region;
• General lease rates and sale transaction figures for retail projects by geographic area
and format (where data is available).
• SWOT analysis of the Downtown retail landscape
In order to execute this task and begin its ground research, key team members of TCI
would travel to Yakima to participate in the following:
• Kick -off meeting with the City Council, the Master Planning Team, and
relevant stakeholders to discuss the project goals and objectives, refine
tasks and deliverables, and coordinate the planning process for the study.
• Obtain and review all Client provided data, including prior planning
documents, development histories and any other applicable
documentation (a list of required data for the study is detailed below).
• Working closely with a Council appointed Steering Committee, identify
key community leaders /groups to interview to gain perspective on local
economy. Discussions with local businesses, property owners,
developers, brokers will also be undertaken.
o Begin local field investigations for the retail market assessment (Tasks 2 &
3). This will provide the team with a good understanding of the local
retail and commercial dynamics, especially the competitive market within
the Downtown and the rest of the Yakima region.
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o Participate in a Downtown Master Plan Visioning workshop / charrette
that is anticipated to be organized and coordinated by the Master
Planning Lead Consultant Team.
TASK 2: RETAIL SUPPLY REVIEW
To better understand the 'supply side' of the marketplace, the depth and quality of the
regional retail infrastructure will be closely examined. The tasks that will be undertaken
include:
• Document relevant competitive retail nodes, if any, in Yakima and region, evaluate
their 'role and function', and assess Yakima's retail strengths and overall destination
appeal.
• Provide inventory of major retail businesses and available buildings (that could
accommodate potential retail uses) within downtown Yakima to ascertain the
existing types of 'offering' within the local retail sector. This would help identify
potential gaps in the local community.
• Identify and summarize relevant retail projects at various stages of planning and
development, along with inventory appropriately serviced and zoned lands that could
accommodate new retail development.
• Prepare void /opportunity matrix comparing retail formats, merchandise brands and
tenant types, and potential competitive implications on Downtown Yakima.
• Review workplace location characteristics and traffic counts to gauge potential
location of new retail development sites.
TASK 3: RETAIL DEMAND REVIEW
This stage of the analysis examines the factors and key elements that would justify the
potential for new retail floorspace and functions within a delineated trade area. Tasks
include:
• Delineate primary and secondary retail trade areas for Downtown Yakima to define
drive -time differentials (with respect to major competing interceptor shopping
destinations) and implications to retail spending leakage. This data will be combined
with traffic pattern data and major retail competition mapping to identify retail
destinations that could influence retail leakage.
• Analyze local residents' demographic profile, including population growth, socio-
economic structure, age distribution and household composition. Comment on local
trade area resident purchasing power indicators, including income levels, per capita
retail sales and `trends' that may arise from the analysis.
RFQ #11234 -Q Page 11 of 14
• Quantify the magnitude of expenditure potential of both the local residential trade
area, as well as potential visitors, in all retail categories to estimate retail market
capture.
• Estimate source of sales by market segment, market capture rates and sales
estimates for major retail categories.
• Identify supportable retail floor area for the Downtown.
TASK 4: DEVELOPMENT OPPORTUNITY
Based on research and analysis findings of Tasks I — 3, the following will be done to
define the retail development opportunity for the Downtown:
• Establish role and function of the Downtown retail in line with the Vision
• Establish preliminary retail program and identify potential tenant mix (local and
national).
• Identify specific retail development opportunities in the Downtown and provide
input to Master Plan.
• Work with Master Planning team to identify special features and distinctive
experiential elements that would serve to heighten the visitor and shopping
experience in the Downtown.
TASK 5: IMPLEMENTATION STRATEGY
An implementation strategy for Downtown Yakima will be prepared that includes a
recruitment and retention strategy for attracting and retaining tenants. The
implementation strategy will evaluate and consider the following:
• Identification of target tenant types, businesses and brands, both independent
and formula (at least 40 tenant types to be identified). Interviews with local
commercial brokers will be conducted to assist in identifying those tenant/brands
that would likely be attracted to Yakima
• Contact strategy and mechanism for attracting and securing
business /tenants /brands
• Marketing strategy
• Identification of partners / agents
• Criteria for site identification and selection
• Role of Chamber of Commerce / Committee for Downtown Yakima, and other
key stakeholders
RFQ #11234 -Q Page 12 of 14
DATA REQUIREMENTS
The following data requirements will be required to undertake the study. While it is
TCI's responsibility to source for and acquire the data, the list below is provided for the
City of Yakima's information, and if such data is already available from the City, this
would facilitate the research stage of the project:
• City- approved zoning map showing commercial /retail areas.
• GIS data on city zoning
• GIS data on buildings within Yakima region
• City planning reports on historical retail functions.
• Sales tax data broken down by geographic area (if available).
• GIS spatial data on population distribution, demographics, employment distribution,
road network, traffic counts, and expenditures (if avail)
• City database on current business (retail) licenses; building footprint data.
DELIVERABLES & TIMING OF COMPLETION
Thomas Consultants will prepare and deliver its Retail Plan report covering the 5 Tasks
in an electronic (pdf) presentation format, as follows:
• Draft Retail Plan for Downtown Yakima (execution time: 8 weeks *)
• Final Retail Plan for Downtown Yakima (2 weeks after receipt of comments from
City)
*Note: Total time may vary depending on overall Master Plan project program established by
the Lead Master Plan Consultant and the need for certain milestones to be aligned with the
overall master program.
In addition to the above, Thomas Consultants will participate in the following:
• Kick -off meeting with Client, and Master Planning Team
• Visioning Workshop / Charette with key stakeholders and the Master Planning Team
• Presentation of Final Report to City Council
RFQ #11234 -Q Page 13 of 14
FEE BUDGET & PROJECT EXPENSES
Our fees (quoted in US dollars) for this assignment are broken down as follows:
Thomas Consultants' Professional Services:
$27,000
Travel and related expenses (ie. direct non - salary related expenses) *: $
5,000 (maximum)
Total Budget:
$32,000
*The above estimate of travel and related expenses is based on an estimated 3 trips to Yakima
for kick -off meeting, research, visioning and final presentation, with a number of person -days
not exceeding 12 (eg. 2 persons for one day = 2 person -days)
RFQ #11234 -Q Page 14 of 14
e
� r
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT Fy
Item No. J�
For Meeting of: April 2, 2013
ITEM TITLE: Resolution authorizing Professional Services Agreement
with Thomas Consultants, Inc not to exceed $32,000 to
prepare the Retail Element of the Yakima Downtown
Master Plan
SUBMITTED BY: Joan Davenport, Strategic Project Manager
Sean Hawkins, Economic Development Manager
CONTACT Joan Davenport, 576 -6417
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The Yakima City Council has established that redevelopment of the Yakima Downtown area
is a high priority for Economic Development and that a Yakima Downtown Master Plan
should be prepared to reflect this priority. A Retail Plan is a critical component to the
Downtown Master Plan. The City of Yakima received 10 written proposals to prepare the
Plan. The 10- person Selection Committee identified the professional firm of Thomas
Consultants (Vancouver, BC) as the preferred consultant to prepare the Retail Plan
element, at a cost not to exceed $32,000.
Resolution X
Contract: X
Contract
Term: Professional
Services
Insurance Required? Yes
Ordinance
Mail to:
Amount: $32,000
Funding Economic Development Fund
Source:
APPROVED FOR
SUBMITTAL: . e►wJ�t•.
STAFF RECOMMENDATION:
Other
(specify)
Expiration Date: November 30,
2013
Phone:
City Manager
Adopt the resolution that authorizes the Professional Services Agreement with Thomas
Consulting
BOARD/COMMISSION RECOMMENDATION:
The Council Economic Development Committee was part of the 10- person Selection
Committee that recommends this professional firm.
ATTACHMENTS:
Click to download
L-1 Resolution authorizing Professional Services Agreement with Thomas Consultants
E:1 Thomas contract