HomeMy WebLinkAboutR-2014-009 Space Needs Assessment Study Agreement with Loofburrow Wetch Architects, P.S. RESOLUTION NO. R- 2014 -009
A RESOLUTION authorizing the City manager to execute an agreement between
Loofburrow Wetch Architects, P.S. and City of Yakima for a space
needs assessment study of the Richard A. Zais Jr. Center for Law
and Justice.
WHEREAS, the City of Yakima (City) desires a space needs assessment of the
current departments housed in the Richard A. Zais Jr. Center for Law and Justice
(Facility); and
WHEREAS, the City will use the space needs assessment of the Facility to plan
for future expansion and renovation for the optimal use of space within the Facility; and
WHEREAS, a Request for Qualifications was announced by the City; and
WHEREAS, Loofburrow Wetch Architects, P.S. (Contractor) responded to the
Request for Qualifications and has the knowledge and experience necessary to complete
the space needs assessment of the Facility; and
WHEREAS, The Contractor was selected by a committee of city staff members
from the responses to the Request for Qualifications; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute all applicable contracts to hire Loofburrow Wetch Architects, P.S. to conduct a
space needs assessment study of the Richard A. Zais Jr. Center for Law and Justice at an
estimated total at $39,522.
ADOPTED BY THE CITY COUNCIL this 7 day of January, 2014.
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ATTEST: Mayor "ro Te 1 1
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City Clerk '••, V
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ATTACHMENT A
AGREEMENT
For City of Yakima Use Only: BETWEEN
Contract No OJ 4 Oa., CITY OF YAKIMA, WASHINGTON
Project No,
Resolution i ii • AND
RFQP No. EVIMO
LOOFBURROW WETCH ARCHITECTS
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on this day o by and between the
City of Yakima, Washington, a municipal corporation with its principal o e at 1 North Second Street,
Yakima, WA 98901, hereinafter referred to as "CITY ", and Loofburrow Wetch Architects, P.S., with its
principal office at 201 W. Yakima Ave, Yakima WA, 98902, hereinafter referred to as "CONSULTANT ".
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 described herein within the
required time for performance 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 and as more specifically described in Exhibit "A ", entitled "Scope of
Services" (WORK), attached hereto and incorporated herein by this reference.
2.1.1 The Consultant shall conduct a review of existing conditions at the Richard A. Zais Jr. Law
and Justice Center, inclusive of the occupancies by the Yakima Police Department, the
Municipal Jail, the Municipal Courts,, and the Legal Department. Building features that
impair the effective and efficient delivery of services in each area shall be identified.
2.1.2 The Consultant shall develop a Space Needs Assessment for all departments that identifies
individual current and projected space needs, including both net and gross building square
footage requirements on an estimated basis.
2.1.3 The Consultant shall identify and develop expansion and/or renovation options that achieve
functional and operational needs, taking into account the considerations of ongoing services
delivery during their implementation and the possibilities for phasing.
RFQP 11323/Page 1 of 16
2.1.4 The Consultant shall prepare cost estimates for each expansion/renovation option and
develop a comparison of options identifying their relative advantages and distinguishing
features.
2.1.5 The Consultant shall prepare a schematic design model for the recommended option for use
by the City in public and internal departmental presentation and review meetings.
2.1.6 The Consultant shall prepare and submit to the City a Final Report documenting the
findings in the above study tasks.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign,
Gary A. Wetch 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 paragraphs 2.1.1 -2.1.6
and as described more specifically in Exhibit A in accord with the Project Schedule attached
hereto and incorporated herein as Exhibit "D ".
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 paragraphs 2.1.1- 2.1.6, above, and 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 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 according to the "Fee Schedule" provisions set forth in
Exhibits "C.1" and "C.2 ", attached hereto and incorporated herein by this reference, 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
RFQP 11323/Page 2 of 16
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 signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in this Agreement and in Exhibit A. The time for completion is defined in
Exhibit B, Professional Services Work Plan/Budget, attached hereto and incorporated herein by
this reference, or as may hereafter be amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A, compensation shall be according to Exhibit C.1 and C.2, on a time
spent basis plus reimbursement for direct non - salary expenses.
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; 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. Estimated Direct Non - Salary Expenses are shown in Exhibit C,
attached hereto and incorporated herein by this reference.
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.
RFQP 11323/Page 3 of 16
• 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 Rates.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Thirty -Nine Thousand Five Hundred Twenty -Two Dollars
($39,522.00). 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 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, hens, 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 hen 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
RFQP 11323/Page 4 of 16
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.
SECTION 7 REUSE OF DOCUMENTS
7.1 All internal WORK products of the CONSULTANT are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of
the CITY without written permission of the CONSULTANT, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the CONSULTANT
and its officers, employees, subcontractors, and affiliated corporations from all claims, damages,
losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of
or related to such unauthorized reuse, change, or alteration, provided, however, that the
CONSULTANT will not be indemnified for such claims, damages, losses, and costs including,
without limitation, litigation expenses and attorney fees were caused by the CONSULTANT'S
own negligent acts or omissions.
7.2 The CONSULTANT agrees that ownership of any plans, drawings, designs, specifications,
computer programs, technical reports, operating manuals, calculations, notes, and other WORK
submitted or which are specified to be delivered under this Agreement or which are developed or
produced and paid for under this Agreement, whether or not complete, shall be vested in the
CITY.
7.3 All rights to patents, trademarks, copyrights, and trade secrets owned by CONSULTANT
(hereinafter "Intellectual Property ") as well as any modifications, updates or enhancements to said
Intellectual Property during the performance of the WORK remain the property of CONSULTANT,
and CONSULTANT does not grant CITY any right or license to such Intellectual Property
SECTION 8 AUDIT AND ACCESS TO RECORDS
8 1 The CONSULTANT, including its sub - consultants, 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.
8.2 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.
RFQP 11323/Page 5 of 16
8.3 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.
8 4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
8.5 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 9 INSURANCE
9.1 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.
9.1.1 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 insured,
and shall contain a clause that the insured will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
9.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by
the parties, CONSULTANT 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 9.1.1 entitled "Commercial Liability Insurance ".
c. Under either situation described above in Section 9.1.1 and Section 9.1.2 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 insured will not cancel or
change the insurance without first giving the City thirty (30) calendar days prior
RFQP 11323/Page 6 of 16
written notice. The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington.
9.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
SECTION 10 SUBCONTRACTS
10.1 CONSULTANT shall be not be entitled to subcontract any portion of the WORK to be performed
under this Agreement without the prior written approval of CITY to do so.
SECTION 11 ASSIGNMENT
11.1 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 12 INTEGRATION
12.1 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 13 JURISDICTION AND VENUE
13.1 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
14.1 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 15 SUSPENSION OF WORK
15.1 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
RFQP 11323/Page 7 of 16
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 16 TERMINATION OF WORK
16.1 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.
16.2 In addition to termination under subsection 16.1 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.
16.3 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.
16.4 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.
16.5 Upon receipt of a termination notice under subsections 16.1 or 16.2 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.
16.6 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.
16.7 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
RFQP 11323/Page 8 of 16
been effected for the convenience of CITY. In such event, the adjustment pursuant to the
Agreement shall be determined as set forth in subparagraph 16.4 of this Section.
16.8 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 16.3 of this Section.
SECTION 17 DISPUTE RESOLUTION
17.1 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.
SECTION 18 NOTICE
18.1 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 2 Street
Yakima, WA 98901
CONSULTANT: Loofburrow Wetch Architects, P.S.
201 W. Yakima Ave
Yakima, WA 98902
Attn: Gary A. Wetch
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.
CITY OF YAKIMA
Z W e "r r - 4 1--
Tony O'Ro e Gary A. Wetch, L
•-Y , � E
Printed Name: !� Printed Name:
Title: City Manager Title: Principal
'
Date: Date: l Z S 13
RFQP 11323/Page 9 of 16
a 1 ' 1 _ >S'� A
Attest �i l , �w \ . �, .
City Clerk Ik
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RFQP 11323/Page 10 of 16
SCOPE OF WORK PROPOSAL — EXHIBIT A
Loofburrow Wetch Architects (hereinafter referred to as the "Prime" and "Architect ")
and Moyer Associates Incorporated (hereinafter referred to as the "Consultant ") agree to
the following terms and conditions relative to the delivery of Consultant Services by
Moyer Associates on the above project.
Architect and Moyer agree to provide the following scope of work:
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, as stated in the
City of Yakima Agreement.
2.1.1 The Consultant shall conduct on -site review of existing conditions at the Richard
A. Zais Jr. Law and Justice Center, inclusive of the occupancies by the Yakima
Police Department, the Municipal Jail, the Municipal Courts, and the Legal
Center. Building features that impair the effective and efficient delivery of
services in each area shall be identified.
2.1.2 The Consultant shall meet with representatives of the affected departments to
discuss and develop a Space Needs Assessment for all departments that identifies
individual current and projected space needs, including both net and gross
building square footage requirements on an estimated basis.
2.1.3 The Consultant shall identify and develop expansion and/or renovation options for
each of the involved departments that achieve needed functional and operational
needs, taking into account the considerations of ongoing services delivery during
their implementation and the possibilities for phasing improvements
commensurate with available funding, priority of needed improvements and
continued service requirements.
2.1.4 The Consultant shall prepare cost estimates for each estimate and develop a
comparison of options identifying their relative advantages and distinguishing
features.
2.1.5 The Consultant shall prepare a schematic design and 3- dimensional model for the
recommended option(s) for use by the City in public and internal departmental
and City Council presentation and review meetings.
2.1.6 The Consultant shall prepare and submit to the City a Final Report documenting
the findings in the above study tasks.
RFQP 11323/Page 11 of 16
2.1.7 The Consultant shall appear with appropriate representation as requested, but in
no case less than two (2) meetings, before the involved departments and the City
Council to present the Final Report, together with estimates associated with the
design options for each of the departments affected.
2.1.8 The Consultant shall provide requested revisions to the Final Report
determinations responsive to feedback received from the City Council and the
affected departments in a format that is sufficient to plan for appropriate phased
construction at such time as the decision to proceed is made by the City Council.
RFQP 11323/Page 12 of 16
_ ____ - _ - - - ^.... „: fn '`,. _ - rte, t.. tt. v-r.
PRO FESS10NAL'5 W ORKPI AN ` .< B - U ; ET = - E XHI B IT .B .. .
PROFESSIONAL SERVICES WORKPLAN /BUDGET LWA Arflito<s + Moyer Associates Ina
LAWS JUSTICE CENTER SPACE NEEDS ASSESSMENT FOR YAKIMA POLICE DEPTJLEGAL CENTER/COURTS
Coy of Yakima
sn4n013 LWA Moyer
Staff 5517 On-sls
` •a _ j
3 r g 1 `m g
x > 1 i3
a c L. 1 d — 1'
hourly rate 150 140 150 130 130
- .. TASK ONE KICK- OFF/INSPECT EXISTING FACILITIES
., , -. g t ,.[ Objectives, Process - off -oft meeting, inspect facilltle. ■ . El III 7 7
"r I 6 �,.., L1 6 6 I 6 6 TASK ONE PERSONNEL SUBTOTAL
AL
� J
" � TASK ONE - HOURS: 6 6 6 6 6 $4,200
' , r,
TASK TWO: JAIL NEEDS ASSESSMENT REVIEW
" ,;�` ' "" i. Rev!ewiall pop. factors +assess arty supplemental d needs 71
V .,, -;v L t •J1 iL
y
m'kj. � 2. Review of inmate PoP. w f translation to t number of beds 17 Li
L.: - „[1 i �! I I ,
3 Review jail capacity forecast ILJH IN Li bi t i
', .�. i i r - 1 411 1 , TASK TWO PERSONNEL SUBTOTAL
` � ,, ^; " TASK TWO - HOURS.' 0 0 12 0 0 57,800
_
".
. , ,,
`s'b,� :( TASK THREE: SPACE PROGRAMMING
- i t :.._ 1 ; / Preparation/Distdbution of Survey Questionnaires I i I I • 1 101_1E—JD
,
Lj. 11ndividual Interviews —I i i ■ 10 Li t
;, ,~ [_: _ 1 12 17 1 21 _ 121
: 4” 3_iApply Space Standards/Furniture-Equipment I I 11 )• 101 1 DO
"'-1. ' - � Fyn 1 4,IDevelop Specs Program - current and projected needs — (I II i El III ■ 1 I I!
J
- Ar' , , 1 '4, , Ili! 811 241 I 161 TASK THREE PERSONNEL SUBTOTAL
. ';T: = TASK THREE HOURS: 0 0 20 52 28 $13,400
.I
' 0 5 `' � , ~' - ' :. TASK FOUR: LAW AND JUSTICE CENTER EXPANSION OPTIONS
xi;
- `4 1 1.I Review All Planning & Zoning Requirements tot the Site , ; 1 ET El ' 1 !. ;1 J
', -':', 1 2JCanceptual Design Options on the Site /Schematic Plans I I i, , - ■ R BD]
3]
- # €�— 24 tai; ie
_
T,r ^ i I Cost Estimates and Options Comparison
- ;1 I IL e Ell=
[ 41Schematic Design Model for Recommended Option i DC ■ I I-1 [—Ill NO CHARGE
1 i�1 3 , l i I
5. Presentation of Recommended Option/Revien Meetings i T i r i L 11
( u
aII 3, 81r71: I TASK FOUR PERSONNEL SUBTOTAL
TASK FOUR HOURS: B 10 70 10 in $13,280
13 Elf Trawl ewe:.
Total Personnel hours: 14 16 108 76 52
Personnel cost $32,680
Expenses: 08,642
Supplres/other RN
Total cost ( $39,5221
.00F5U VV ETCH 61
n z =x <'s ` -_ - ." 1CHITECTS
RFQP 11323/Page 13 of 16
FEESCHEDULE: MOYER ASSOCIATES iNC EXHIBIT -C:1
HOURLY BILLING RATES FOR 2013
Team Member Title Rate
Frederic Moyer, FAIA Principal (Senior Architect) $150.00
Inessa Yutalas, RA Senior Architect $130.00
Anne Moyer Kennett Program /Space Planner $130.00
tta Mark Coyle Electronic Security Specialist $110.00
Robert Perry Detention Equipment Specialist $110.00
'
((
.a...�n.u..m .r+.RU,«.w ....w...e. _ _
,3,`• -':' 00FBU CriN E TCH
;• ? ._ -a. KTCHIT
RFQP 11323/Page 14 of 16
FEE SCHEDULE =1.00PBUAROWANETCHARCHITECTS tIXHIBIT C.2
HOURLY BILLING RATES FOR 2013
Team Member Title Rate
J. Richard Loofburrow Principal (Design Consultant) $150.00
Gary A. Wetch Principal-In-Charge $150.00
; Don Kearby Construction Specialist $140.00
,.1 David Peterson Senior Architect $135.00
Brian Papp° Senior Architect $135.00
4 Colby Ricks Architect $125.00
Michael Dale Architect, AlT $100.00
Christopher Schumm Architect, AIT $100.00
Kyle Lepper Architect, AlT $100.00
Carol Brandt Interior Designer $110,00
Dennis Cline Construction Specialist $100.00
:7.111
Lucia Detlof Construction Specialist $100.00
Lea Reyes Business & Financial Administrator $ 90.00
Leslie Boyle Administration Assistant $ 75.00
Susan Martinez Administration Assistant $ 75.00
Kristi Haakinson-Tasa Administration Assistant $ 75.00
BILLING CYCLE
A A
Loofburrow Wetch Architects works with our clients and can bill according to City of Yakima's billing
- requirements. Our billing cycle typically does not exceed one month ending on the last day. Invoices are
generally to the client by the 10th of each month for prior month's activities, but may be shortened upon
request. Monthly is ideal for estimating design services completed.
• -
LOOFIAIRRoVvV1ATcH
AkairrEas
RFQP 11323/Page 15 of 16
'.... :... ,. _� � . �4. -c ,- :�e:; ,.
PROPOSED PROJE SCHEDULE EXHIBITD "''
PROPOSED SCHEDULE LWA Architects + Moyer Associates Inc.
LAW & JUSTICE CENTER SPACE NEEDS ASSESSMENT FOR YAKIMA POLICE DEPT. /LEGAL CENTER/COURTS
City of Yakima
Month 1 2 3
TASK ONE: KICK OFF /INSPECT EXIST. FACILITIES
1 Review Objectives, Process - Inspect facilities
TASK TWO: JAIL NEEDS ASSESSMENT REVIEW
1 iReview j a i l pop. factors + assess data needs
111 2. j Review of inmate pop. / types + number of beds
3. Review jail capacity forecast
; i TASK THREE: SPACE PROGRAMMING
1 Preparation /Distribution of Survey Questionnaires
2 Individual Interviews I Ill
:1 -
i r" 3. Apply Space Standards/Fumiture- Equipment
, 4. Develop Space Program - current and projected needs
TASK FOUR: EXPANSION OPTIONS
1 Review All Planning & Zoning Req. for the Site
kr '; 2. Conceptual Design Options - Site /Schematic Plans
HM
. ic es t Estimates and Options Comparison `'
- , { 4'Schematic Design Model for Recommended Option
5'Presentation of Recommended Option /Review Mtgs.
FB W F3 C
CtfJ U O C
- c
'� FijTEC S
RFQP 11323/Page 16 of 16
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. (a r)
For Meeting of: 1/7/2014
ITEM TITLE: Resolution authorizing an agreement with Loofburrow Wetch
Architects, P.S. for a space needs assessment study of the
Richard A. Zais Jr. Center for Law and Justice.
SUBMITTED BY: Captain Greg Copeland
SUMMARY EXPLANATION:
The Richard A. Zais Jr. Center for Law and Justice has exceeded capacity for optimum
operations of the departments located within the facility. A space needs assessment is the first
step in constructing or renovating facilities to allow for optimum functionality. Pursuant to RCW
39.80 this agreement underwent competition for Architect's and Engineers per Request for
Qualifications No. 11323Q, which is on file in the Purchasing Division. The cost of this
assessment will not exceed $40,000 and was in the 2014 adopted budget.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Yes Amount: $39,522
Funding Source /Fiscal Capital Budget
Impact:
Strategic Priority: Public Safety
Insurance Required? Yes
Mail to: Gary Wetch, Loofburrow Wetch Architects P.S., 201 W.
Yakima Ave., Yakima, WA 98902
Phone:
APPROVED FOR
SUBMITTAL: 4zjegirt City Manager
RECOMMENDATION:
Staff recommends approval of this resolution and agreement.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 12/19/2013 Resolution
❑ Agreement 12/19/2013 Contract
❑ City Manager's Approval 12/19/2013 Backup Material
Committee Recommendation
Ariro
1' Law & Justice Center
5 � - }
Space Needs Assessment
RFQ 11323Q
November 2 .2013
Mr. O'Rourke.
On September 13, 2013, the City solicited RFQ 11323Q to hire a fire to
conduct a Law &. Justice Center Space Needs Assessment.
Six proposals were received on the due date of October 13, 2013 for the above
project from the following firms:
Tntcgrus Architecture, Spokane, WA
LCA Architects, Boise, 11)
Loofburrow Wetch Architects/Moyer Associates, Inc., Yakima, WA
E M &P, LaFaye#te. C
Architects Rasmussen Triebelhorn, Tacoma, WA
Wardell Architects, Yakima, WA
The proposals were checked for responsiveness by Sue away, Purchasing
Manager. All proposals were deemed responsive and brought before the
analysis committee to be considered.
The analysis committee was formed and given materials and instructions an
how to conduct the analysis on October 29, 2013.
Committee Members
Dominic RiT. 1, Chief of Police, Yakima Police Department
Greg Copeland, Captain, Yakima Police Department
Jeff Cutter, City Attorney
Linda Hagert, Municipal Court Manager
Sue Ownhy, City of Yakima Purchasing Manager (non- voting)
The following proposals were short - listed and consultants were invited to City
Hall for interviews on November 20th, 2013:
LCA Architects, Boise, ID
Loofburrow Wetch /Moyer Associates, Inc., Yakima, WA
Architects Ra Tricbclhorn, Tacoma, WA
After interviews, the proposals were scored utilizing the following scoring
,-4 matrix, as listed in the RFP:
Possible
Qualification and Experience - Points
(1) ]nnovatiorrlldeas 33
(2) Key Personnel Experience 34
(.41_ Relevant Experience _ 33
TOTAL 100
Out of 400 possible ports (100 total points for each evaluator), Scores were as
follows:
Loofburrow WetchiMo 'er Associates, Inc., akima, WA 386
LCA Architects, Boise, ID 370
Architects Rasmussen Triebelhorb, Tacoma, WA 278
The partnership of Loofburrow WetchlMoyer Associates, Inc., scored the
highest points, therefore is deemed to be the most qualified firm(s). The
committee recommends that we proceed to contract negotiations with
Loofburrow etch/Mover Associates, Inc.
Sincerel
, ,,,Zta
Sue Owenby
Purchasing Manager
APPIOVED: P
Tony 0' ' o + ke, City Manager )ate