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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. 11111 4001 )2- A ATTEST: Mayor "ro Te 1 1 OL04( City Clerk '••, V ts.1. • • 1� • . * - 1Sh \ N .. 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 * ) Z'3 ♦ i i • ' NV_ 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