HomeMy WebLinkAbout03/18/2014 11 Downtown Central Plaza Design Planning Agreement with Gustafson Guthrie Nichol, Ltd. (GGN)BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 3/18/2014
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ITEM TITLE: Resolution authorizing a Professional Services contract with
Gustafson Guthrie Nichol LTD (GGN) not to exceed
$145,000 to prepare design plans for a downtown central
plaza.
SUBMITTED BY: Tony O'Rourke, City Manager
Joan Davenport, Strategic Project Manager
Sean Hawkins, Economic Development Manager
SUMMARY EXPLANATION:
The Yakima City Council has established that redevelopment of the Yakima Downtown Area is
an Economic Development priority. A central part of the strategy for the revitalization of the
Downtown area is a central plaza, referred to as a "game changer". In order to more fully
assess the opportunity for a downtown plaza and related parking issues, this contract with
Gustafson Guthrie Nichol LTD (GGN) provides for at least 3 alternative design plans for the
primary plaza site and one design for the alternate site. Following public and Council review, a
preferred design concept and cost estimates will be selected and fine-tuned. This information
will be used to determine if development of a plaza is feasible and desirable. The contract and
scope of work attached are in draft form. The final versions will be provided to Council at the
March 18 Council meeting.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? Yes
Mail to:
Phone:
Ordinance:
Contract Term:
End Date:
Amount: $145,000
Economic Development
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Approve the Resolution to authorize the City Manager to sign contract
ATTACHMENTS:
Description
Resolution for Professional Services Agreement
with GGN
draft contract and scope of work
Upload Date
3/10/2014
3/13/2014
Type
Cover Memo
Cover Memo
A RESOLUTION
RESOLUTION NO. R -2014 -
authorizing the City Manager to execute a Professional Services
Agreement with Gustafson Guthrie Nichol LTD (GGN) not to exceed
$145,000 to prepare design plans for a downtown central plaza,
WHEREAS, the Yakima City Council has established that redevelopment of the
Yakima Downtown Area is an Economic Development priority and in order to implement
that priority, a Central Plaza is necessary as a "game changer"; and
WHEREAS, the City of Yakima has followed the procedures established by the
State of Washington to select and recommend a professional firm using the Municipal
Research and Service Center Professional Services Roster process to conduct the
selection of a firm to prepare the plans and conduct the public participation element; and
WHEREAS, Gustafson Guthrie Nichol LTD (GGN) 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 Central Plaza design; 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 Gustafson Guthrie Nichol LTD (GGN) attached hereto and incorporated
herein by this reference not to exceed One Hundred Forty -Five Thousand dollars
($145,000) to provide the Professional Services as described in the Agreement, now,
therefore,
ADOPTED BY THE CITY COUNCIL this 18th day of March 2014.
ATTEST: Micah Cawley, Mayor
Sonya Claar-Tee, City Clerk
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
RFQP No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GUSTAFSON GUTHRIE NICHOL LTD
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 18th day of, March, 2014 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 GUSTAFSON GUTHRIE NICHOL LTD, a
Washington corporation with its principal office at 1932 First Avenue, Suite 700, Seattle, WA 98101
hereinafter referred to as "CONSULTANT".
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide
Agreement and subsequent Amendments thereto; and
services described in this
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
Bernard Alonzo as Consultant -in -Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (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
beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
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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 provisions set forth in Exhibit B,
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. Technical data
may include but shall not be limited to survey, geotechnical reports, engineering maps, master
plans, and other resources related to 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 signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
/Page 2 of 13
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 B - Schedule of
Specific Fees and Hourly Rates, attached hereto and incorporated herein by this reference, 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; 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. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
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 One Hundred Forty -Five Thousand and no dollars ($145,000). The
CONSULTANT will make all 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.
/Page 3 of 13
5.3 Proposed Payment Schedule
Task
Month
Anticipated Invoice
Task 1: Illustrative Design and
Review Process
Month 1
Actual Hours +
Expenses
Month 2
Actual Hours +
Expenses
Month 3
Actual Hours +
Expenses
Task 2: Refine Preferred Detail
Design Concept for Plaza
Month 4
Actual Hours +
Expenses
Month 5
Actual Hours +
Expenses
Month 6 '
Actual Hours +
Expenses
TOTAL:
$145,000
Any services authorized by the City beyond the fixed fee scope of work shall follow a
monthly payment schedule as follows: 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 thesnvoice. 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
receipt of approved invoice(s).
SECTION 6 COPYRIGHTS AND LICENSES
6.1 The CONSULTANT and ,the CONSULTANT's subconsultants shall be deemed the authors and
owners of their respective Instruments of Service, including the Drawings and Specifications, and
shall retain all common law, statutory and other reserved rights, including copyrights. Submission
or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is not to be construed as publication in derogation of the
reserved rights of the CONSULTANT and the CONSULTANT's subconsultants.
6.2 Upon execution of this Agreement, the CONSULTANT grants to the CITY a nonexclusive license
to use the CONSULTANT's Instruments of Service solely and exclusively for purposes of
promoting, constructing, using, maintaining, altering and adding to the Project, provided that the
CITY substantially performs its obligations, including prompt payment of all sums when due,
under this Agreement. The CONSULTANT shall obtain similar nonexclusive licenses from the
CONSULTANT's subconsultants consistent with this Agreement. The license granted under this
section permits the CITY to authorize the Contractor, Subcontractors, Sub -subcontractors, and
material or equipment suppliers, as well as the CITY's consultants and separate contractors, to
reproduce applicable portions of the Instruments of Service solely and exclusively for use in
performing services or construction for the Project. If the CONSULTANT rightfully terminates
/Page 4 of 13
this Agreement for cause as provided in Section 16.1, the license granted in this Section 6.2 shall
terminate.
6.2.1 In the event the CITY uses the Instruments of Service without retaining the author of the
Instruments of Service, the CITY releases the CONSULTANT and CONSULTANT's
subconsultant(s) from all claims and causes of action arising from such uses. The CITY, to the
extent permitted by law, further agrees to indemnify and hold harmless the CONSULTANT and
its subconsultants from all costs and expenses, including the cost of defense, related to claims and
causes of action asserted by any third person or entity to the extent such costs and expenses arise
from the CITY's use of the Instruments of Service under this Section 6.2.1. The terms of this
Section 6.2.1 shall not apply if the CITY rightfully terminates this Agreement for cause under
Section 16.1.
6.3 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted
or implied under this Agreement. The CITY shall not assign, delegate, sublicense, pledge or
otherwise transfer any license granted herein to another party without the prior written agreement
of the CONSULTANT. Any unauthorized use of the Instruments of Service shall be at the CITY's
sole risk and without liability to the CONSULTANT and the CONSULTANT's subconsultants.
SECTION 7 RESPONSIBILITY OF CONSULTANT
7.1 INDEMNIFICATION:
(a) CONSULTANT agrees to,, 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 costsand attorney's 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 of the CONSULTANT
arising out of the CONSULTANT's performance under this Agreement ("Claims").
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 lien to be dissolved
and discharged by giving bond or otherwise.
(b) CITY agrees 10 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.
(e) The provisions of this Section 7.1 shall not apply only to the extent they are limited
by RCW 4.24.115.
/Page 5 of 13
7.2 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.
7.3 Notwithstanding anything herein to the contrary, the parties agree that the liability of
CONSULTANT (its members, managers, agents, or employees) to CITY for any Claims, of
CITY related in any way to CONSULTANT'S performance or nonperformance under this
Agreement, including without limitation any indemnification obligation under Section 7.1 of
this Agreement, shall be limited to the sum the CONSULTANT has received from the CITY
pursuant to the Agreement ,whether the basis of liability
is breach of contract, tort (including
negligence and strict liability), statutory, or any other legal theory.
Further, this limitation of liability applies to all measures ofdamages, including, but not
limited to, general, special, direct, indirect, consequential (including loss of profits and/or
business), exemplary, statutory, and punitive damages, as well as economic loss damages. It
being the intent of the parties that economic losses be limited as set forth herein.
CONSULTANT'S INITIALS
SECTION 8 AUDIT AND ACCESS TO RECORDS
CITY'S INITIALS
8.1 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 reasonable 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 reasonable 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.
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
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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
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 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 9.1.2 a and Section 9.1.2 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 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.
9.1.3. Statutory workers' compensation and employer's liability insurance as required by
state law.
SECTION 10 SUBCONTRACTS
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10.1 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 11 ASSIGNMENT
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 along with the City RFP and the Consultant's response to the RFP 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 supersedes and replaces all prior and
contemporaneous agreements, discussions, and representations on these subjects, all of which
are merged into and superseded by this Agreement. No party is entering into this Agreement
in reliance on any oral or written promises, inducements, representations, understandings,
interpretations or agreements other than those containcd in this Agreement. 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 litigationarising 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 14 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 others 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
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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 16.
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 thepart 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 tothe 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. 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 high resolution copies 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.
/Page 9 of 13
16.6 Upon termination and subject to Section 6, the CITY reserves the right to execute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT
shall have no responsibility to execute 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 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.
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 2nd Street
Yakima, WA 98901
CONSULTANT: GUSTAFSON GUTRHIE NICHOL LTD
C/O Jennifer Guthrie
1932 First Avenue, Suite 700
Seattle, WA 98101
SECTION 19 MISCELLANEOUS
19.1 Full Understanding; Independent Legal Counsel. The parties each acknowledge, represent
and agree that they have read this Agreement; that they fully understand the terms thereof; that they
have been fully advised by their independent legal counsel, or have been advised to obtain
independent legal counsel; that they are executed by them upon the advice and recommendation of
their independent legal counsel and rely solely on their own conclusions; and that they have
voluntarily and freely signed this Agreement.
19.2 Waiver of Claims for Consequential Damages. The parties waive any and all claims
against each other for consequential damages arising out of or relating to this Agreement. This mutual
waiver includes
/Page 10of13
i damages incurred by the CITY for rental expenses, for any economic losses and losses of use,
income, profit, financing, business and reputation, and for loss of management or employee
productivity or of the services of such persons; and
ii damages incurred by the CONSULTANT for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and reputation, and for
loss of profit except anticipated profit arising directly from the services.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination .
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
Tony O'Rourke Signature
Printed Name: Printed Name:
Title: City Manager
Title:
Date: Date:
Attest
City Clerk
/Page 11 of 13
EXHIBIT A
DRAFT SCOPE OF SERVICES
Yakima Central Plaza Design RFQ
— TENTATIVE SCOPE OF WORK
Critical Elements of the Project
The City is seeking production of specific plans for the redevelopment of the Site
into a signature public plaza/park area designed as the centerpiece of downtown
Yakima. The plaza/park may include both active and passive space that can also
function as a community event space. The concept design must include the
following necessary features:
• Shade,
• A performance area and/or stage,
• Water feature,
• Seating,
• Event area suitable for typical farmer's market and other gatherings,
• Narrowing of adjoining streets along with a curb -less street frontage,
• Area that could be converted from plaza to weekday parking,
• Lighting features,
• Enhanced with power supply and other amenities suitable to an event plaza,
• Retail kiosk,
• Public restroom/storage building,
• Reflects the character of historic buildings and downtown aesthetic features.
Task 1: Illustrative Design and Review Process
A series of three alternative conceptual or illustrative plans will be developed that
meet the critical elements listed above for the preferred site. One option will be
developed for the alternative site.
Task 1.1 Site visit and context analysis. The Downtown Master Plan
Appendix includes public comments received during the Plan development
Task 1.2 Meet with Parking and Circulation Consultant to develop parking
opportunities
Task 1.3 Staff and Implementation Committee review meetings to get
feedback and information.
Task 1.4 City Council & public review to rank conceptual plans, and select
preferred option for further refinement. The preferred option may be a
combination of components from more than one of the conceptual plans.
Deliverables:
• Design concept report and general cost estimates
• High resolution illustrations including both printed copy and a
Portable Document Format (PDF) version
Task 2: Refine Preferred Detail Design Concept for Plaza
/Page 12 of 13
Once a preferred design concept has been selected, a more detailed plan will be
developed.
Task 2.1 Prepare a detailed plan for internal and technical review
Task 2.2 Meet with Parking and Circulation consultant
Task 2.3 Refine detailed plan and cost estimates for presentation to public
and City Council.
Deliverables:
• Detailed Design report and general cost estimates
• High resolution illustrations including both printed copy and a
Portable Document Format (PDF) version
Professional Fees and Rates
/Page 13 of 13
TO:
FROM:
DATE:
Distributed:
Meetingat theme
l
INFORMATIONME MO RA ND UM -----
Honorable Mayor and Yakima City Council
Tony O'Rourke, City Manager
Joan Davenport, Strategic Project Manager
March 18, 2014
SUBJECT: Modified Exhibits for GGN Contract
City staff requests consider4tion of a Professional Services Contract with Gustafson
Guthrie and Nichol (GGN) LTD for design services related to the. proposed Yakima
Central Plaza. The contract presented to City Council in the package published
March 13, 2014 is unchangd. However, some modifications have occurred in the
structure of the Exhibit A: Scope of Work and Exhibit B: Professional Rates and
Fees.
These modifications provide more detail to the tasks, timeline and public meeting
process for the Scope of Work. The Professional Fees provide the hourly rate of each
professional subject to the contract. The total contract amount of $145,000 remains
unchanged.
Staff recommends the Council review the contract and approve the Resolution
which authorizes the contract execution.
Page 1 of 1
,�;��( 3jt/4y,4
RESOLUTION NO. R -2014-
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Gustafson Guthrie Nichol LTD (GGN) not to exceed
$145,000 to prepare design plans for a downtown central plaza,
WHEREAS, the Yakima City Council has established that redevelopment of the
Yakima Downtown Area is an Economic Development priority and in order to implement
that priority, a Central PlazaI is necessary as a "game changer"; and
WHEREAS, the City of Yakima has followed the procedures established by the
State of Washington to select and recommend a professional firm using the Municipal
Research and Service Center Professional Services Roster process to conduct the
selection of a firm to prepare the plans and conduct the public participation element; and
WHEREAS, Gustafson Guthrie Nichol LTD (GGN) 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 Central Plaza design; 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 Gustafson Guthrie Nichol LTD (GGN) attached hereto and incorporated
herein by this reference not to exceed One Hundred Forty -Five Thousand dollars
($145,000) to provide the Professional Services as described in the Agreement, now,
therefore,
ADOPTED BY THE
ATTEST:
CITY COUNCIL this 18th day of March 2014.
Sonya Claar-Tee, City Clerk
Micah Cawley, Mayor
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
RFQP No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GUSTAFSON GUTHRIE NICHOL LTD
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2014, 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 GUSTAFSON GUTHRIE
NICHOL LTD, a Washington corporation with its principal office at 1932 First Avenue, Suite 700, Seattle,
WA 98101 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 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
Bernard Alonzo as Consultant -in -Charge throughout the term of this Agreement unless other
personnel are approvedlby the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (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 beyond the scope of the WORK.
Such changes hereinafter shall be referred to as "Additional Services."
/Page 1 of 12
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 provisions set forth in Exhibit B, 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 possessionlrelating to the CONSULTANTS services on the WORK. Technical data
may include but shall not be limited to survey, geotechnical reports, engineering maps, master plans,
and other resources related to 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 signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
/Page 2 of 12
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 B - Schedule of Specific
Fees and Hourly Rates; attached hereto and incorporated herein by this reference, 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; 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. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
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 one hundred forty-five thousand Dollars ($145,000). The CONSULTANT will
make all 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.
!Page 3 of 12
5.3 Proposed Payment Schedule
Task
Month
Anticipated Invoice
Task 1. Illustrative Design
and Review Process,
Month 1
Actual Hours + Expenses
1
Month 2
Actual Hours + Expenses
Month 3
Actual Hours + Expenses
Task 2: Refine Preferred
Detail Design Concept for
Plaza
Month 4
Actual Hours + Expenses
Month 5
Actual Hours + Expenses
Month 6
Actual Hours + Expenses
TOTAL.
$145,000.00
Any services authorized by the City beyond the fixed fee scope of work shall follow a monthly
payment schedule as follows: 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 COPYRIGHTS AND LICENSES
6.1 The CONSULTANT and the CONSULTANT's subconsultants shall be deemed the authors and
owners of their respective Instruments of Service, including the Drawings and Specifications, and
shall retain all common law, statutory and other reserved rights, including copyrights. Submission
or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is not to be construed as publication in derogation of the
reserved rights of the CONSULTANT and the CONSULTANT's subconsultants.
6.2 Upon execution of this Agreement, the CONSULTANT grants to the CITY a nonexclusive license
to use the CONSULTANT's Instruments of Service solely and exclusively for purposes of
,promoting, constructing, using, maintaining, altering and adding to the Project, provided that the
CITY substantially performs its obligations, including prompt payment of all sums when due, under
this Agreement. The CONSULTANT shall obtain similar nonexclusive licenses from the
CONSULTANT's subconsultants consistent with this Agreement. The license granted under this
section permits the CITY to authorize the Contractor, Subcontractors, Sub -subcontractors, and
material or equipment suppliers, as well as the CITY's consultants and separate contractors, to
reproduce applicable portions of the Instruments of Service solely and exclusively for use in
performing services or construction for the Project. If the CONSULTANT rightfully terminates this
Agreement for cause as provided in Section 16.1, the license granted in this Section 6.2 shall
terminate.
6.2.1 In the event the CITY uses the Instruments of Service without retaining the author of the Instruments
of Service, the CITY releases the CONSULTANT and CONSULTANT's subconsultant(s) from all
/Page 4 of 12
claims and causes of action arising from such uses. The CITY, to the extent permitted by law, further
agrees to indemnify and hold harmless the CONSULTANT and its subconsultants from all costs
and expenses, including the cost of defense, related to claims and causes of action asserted by any
third person or entity to the extent such costs and expenses arise from the CITY's use of the
Instruments of Service under this Section 6.2.1. The terms of this Section 6.2.1 shall not apply if the
CITY rightfully terminates this Agreement for cause under Section 16 1.
6.3 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or
implied under this. Agreement. The CITY shall not assign, delegate, sublicense, pledge or otherwise
transfer any license granted herein to another party without the prior written agreement of the
CONSULTANT. Any unauthorized use of the Instruments of Service shall be at the CITY's sole
risk and without liability to the CONSULTANT and the CONSULTANT's subconsultants.
SECTION 7 RESPONSIBILITY OF CONSULTANT
7.1 INDEMNIFICATION:
(a) CONSULTANT agrees to, 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 attorney's 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 for willful misconduct of the CONSULTANT arising out of the
CONSULTANT's performance under this Agreement ("Claims"). 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 lien 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 ariy 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.
(e) The provisions of this Section 7.1 shall not apply only to the extent they are limited by
RCW 4.24.115.
7.2 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
/Page 5 of 12
the CONSULTANT or a subcontractor under workers' or workmens' compensation acts,
disability benefit acts, or other employee benefit acts.
7.3 Notwithstanding anything herein to the contrary, the parties agree that the liability of
CONSULTANT (its members, managers, agents, or employees) to CITY for any Claims, of
CITY related in any way to CONSULTANT'S performance or nonperformance under this
Agreement, including without limitation any indemnification obligation under Section 7.1 of
this Agreement, shall be limited to the sum the CONSULTANT has received from the CITY
pursuant to the Agreement ,whether the basis of liability is breach of contract, tort (including
negligence and strict liability), statutory, or any other legal theory.
Further, this limitation of liability applies to all measures of damages, including, but not limited
to, general, special, direct, indirect, consequential (including loss of profits and/or business),
exemplary, statutory, and punitive damages, as well as economic loss damages. It being the
intent of the parties that economic losses be limited as set forth herein.
CONSULTANT'S INITIALS CITY'S INITIALS
SECTION 8 AUDIT AND ACCESS TO RECORDS
8.1 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 reasonable 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 reasonable 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.
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. iThe City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
/Page 6 of 12
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 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 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 9.171 entitled "Commercial Liability Insurance".
c. Under either situation described above in Section 9.1.2 a and Section 9.1.2 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 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.
9.1.3. Statutory workers' compensation and employer's liability insurance as required by
state law.
SECTION 10 SUBCONTRACTS
10.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement.
/Page 7of12
SECTION 11 ASSIGNMENT
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 along with the City RFP and the Consultant's response to the RFP 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 supersedes and replaces all prior and
contemporaneous agreements, discussions, and representations on these subjects, all of which
are merged into and superseded by this Agreement. No party is entering into this Agreement in
reliance on any oral or written promises, inducements, representations, understandings,
interpretations or agreements other than those contained in this Agreement. 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 14 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 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
/Page 8 of 12
granted the option to terminate WORK on the suspended portion of Project in accordance with
SECTION 16.
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. 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 high resolution copies 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 and subject to Section 6, the CITY reserves the right to execute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall
have no responsibility to execute 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
/Page 9 of 12
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.
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 2nd Street
Yakima, WA 98901
CONSULTANT: GUSTAFSON GUTRHIE NICHOL LTD
C/O Jennifer Guthrie
1932 First Avenue, Suite 700
Seattle, WA 98101
SECTION 19 MISCELLANEOUS
19.1 Full Understanding; Independent Legal Counsel. The parties each acknowledge, represent
and agree that they have read this Agreement; that they fully understand the terms thereof; that they
have been fully advised by their independent legal counsel, or have been advised to obtain
independent legal counsel; that; they are executed by them upon the advice and recommendation of
their independent legal counsel; and rely solely on their own conclusions; and that they have
voluntarily and freely signed this Agreement.
19.2 Waiver of Claims for Consequential Damages. The parties waive any and all claims against
each other for consequential damages arising out of or relating to this Agreement. This mutual waiver
includes
i damages incurred by the CITY for rental expenses, for any economic losses and losses of use,
income, profit, financing, business and reputation, and for loss of management or employee productivity
or of the services of such persons; and
/Page 10 of 12
ii damages incurred by the CONSULTANT for principal office expenses including the compensation
of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except
anticipated profit arising directly from the services.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination.
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
Tony O'Rourke Signature
Printed Name: Printed Name:
Title: City Manager Title:
Date: Date:
Attest
City Clerk
/Page 11 of 12
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
Professional Fees and Rates
/Page 12 of 12
GUSTAFSON GUTHRIE NICHOL
ATTACHMENT A — SCOPE OF WORK
Yakima Central Plaza Design
DRAFT
03/18/2014 1:24:42 PM
Project Description
The City of Yakima, Washington, intends to redevelop an approximately (2) two acre parcel owned by
the City. The parcel (hereafter referred to as the "Site") is located between South 2"d Street and South
3rd Street and between East Yakima Avenue and East Chestnut Avenue in downtown Yakima.
Currently, the Site has 196 parking spaces and a small sculpture park, entitled Millennium Plaza. The
location is adjacent to several landmark buildings in Yakima, including the Capital Theater, the Federal
Courthouse and the Larson Building. Other land uses near the Site include a privately owned theater,
restaurants, and retail. Due to the Site prime location in the downtown, it is critical that the design of
the plaza provide an aesthetic that is both vibrant and interesting, but also integrates with the existing
character of the historic structures nearby.
The City's goal for the redevelopment is to create a Central Plaza for downtown events and gatherings.
The vision for the Site, when fully redeveloped, is to be a signature public plaza/park area that
becomes the centerpiece of downtown Yakima. The plaza/park may include both active and passive
space that can also function as a community event space.
SEATTLE & WASHINGTON. DC
TEL 206 903.6802
WWW.GGNLTD.COM
1932 FIRST AVENUE
SUITE 700
SEATTLE. WA 98101
1054 315T ST NW
SUITE 210
WASHINGTON. DC 20007
GUSTAFSON GUTHRIE NICHOL
DRAFT
03/18/2014 1:24:54 PM
Due to community concerns regarding the loss of parking, one or more concept alternatives will
accommodate the retention of some parking. In parallel, and under a separate agreement, the City
plans to contract with a parking Consultant.
Based on preliminary work performed by the City, the scope of the work for the Consultant includes the
development of up to three (3) preliminary concept alternatives for the Site and one (1) concept
alternative for an alternative Site located nearby the Site within downtown Yakima. The alternative
site is the city parking lot east of North 2nd Street, south of Pendleton Boulevard.
f•�
Alternate Site
The scope of the work is described in Task 1 and Task 2 as outlined below.
Critical Elements of the Project
Based on preliminary studies commissioned by the City the concept designs must include the following
features:
• Shade
• A performance area and/or stage
• Water feature
• Seating
• Event area suitable for typical farmer's market and other gatherings
• Narrowing of adjoining streets along with a curb -less street frontage
• Area that could be converted from plaza to weekday parking
• Lighting features
• Enhanced with power supply and other amenities suitable to an event plaza
2
GUSTAFSON GUTHRIE NIC
HOL
03/18/2014 1:25:05 PM
• Retail kiosk
• Public restroom/storage building
• Reflects the character of historic buildings and downtown aesthetic features
Task 1: Illustrative Design and Review Process
Up to three (3) concept alternatives or illustrative plans will be developed that meet the critical
elements listed above for the preferred Site. One (1) option will be developed for the alternative Site.
Conceptual alternatives will be preliminary sketch plans and diagrams that identify key elements and
are sufficiently illustrated to compare and contrast design criteria for the purpose of selecting a
preferred alternative.
Task 1.1
• Coordination with City staff
• Preparation for initial City stakeholders and Implementation Committee meetings and public
introduction of .the design team
Preliminary site research and analysis
Trip One (anticipated to occur on April 17, 2014 or at another time as mutally agreed) —
meet with Staff, City stakeholders, Implementation Committee and public introduction of
the Consultant and key subconsultant(s)
• Review the Site(s), meet with key stakeholders
• Meet with Parking and Circulation Consultant to develop parking strategies
Task 1.2
• Prepare a summary of Site analysis and initial design principles and strategies
• Trip Two — Meet with staff, City stakeholders, Implementation Committee
• Public workshop to discuss Site analysis and initial design principles and strategies
Task 1.3
• Develop concept alternatives—design team work
• Coordinate with Parking and Circulation Consultant
Staff check-in sessions — alternate weeks (video conference)
Implementation Committee mid-term check-in (video conference)
Develop concept level (Rough Order of Magnitude — ROM) cost estimates
Task 1.4
• Trip Three — Meet with City Council & public to review concept alternatives, and select one
(1) preferred option for further refinement. The preferred option may be a combination of
components from more than one of the conceptual plans
Task 1.5
• Phone meeting with
the comments on th
key stakeholders, staff, and the Implementation Committee to review
design alternatives and confirm direction for Task 2
Task 1.6 — Deliverables:
• Design concept report and general cost estimates including one printed copy of the report
and a PDF version
• Prepare (2) high resolution illustrations including one printed copy of each and a PDF
version
3
GUSTAFSON GUTHRIE NICHOL
Th)
03/18/2014 1:25:50 PM
Task 2: Refine Preferred Detail Design Concept for Plaza
Once a preferred design concept has been selected, a more detailed plan will be developed for one (1)
option
Task 2.1
Prepare a detailed p an for internal and technical review
Develop the preferred concept alternative design
Coordinate with Parking and Circulation Consultant (video conference)
Staff check-in sessions — alternate weeks (video conference)
Implementation Committee mid-term check-in (video conference)
Update ROM cost estimate for the preferred option
Task 2.2
TripvFour- Meet with Staff, City stakeholders, and Implementation Committee to review the
': P develo' Ment of-thepreferred 'alternative . ; , `
p.
Attend one (1) public workshop'to discuss the development of the preferred alternative.
concept '
Task 2.3
Finalize concept design and incorporate staff, City stakeholders, Implementation
Committee, and pub is feedback into the design
Check-in session with staff
Refine ROM cost estimate
Task 2.4
• Trip Five— Prepare and present final concept design and cost estimate to the public and to
City Council. •
Task 2,5 — Deliverables:
Prepare the final design concept report, including.
• One (1) Concept narrative for the site, architecture, civil, and water feature(s) design,
one (1) illustrative site plan„two (2) illustrations, sketches and diagrams, and a
general cost estimate, and one (1) printed copy of the report and a PDF version
Prepare (2) high resplution illustrations including one printed copy of each and a PDF
version
Schedule
The project schedule is based on a typical timeframe for design projects of a similar type and scale
inclusive of the regular, periodic meetings with Staff, City stakeholders, the Implementation
Committee, and the public. The anticipated schedule is subject to change.
TASK
DURATION
TIMEFRAME
Task 1
' 3
months
April 2014 -June 2014
Task.?
3
months.
July 2014 —September 2014
4
GUSTAFSON GUTHRIE NICHOL
[-A?
IL
03/18/2014 1:26:03 PM
Project Team
As part of the basic design services, the Consultant will act as prime and lead the project team and the
public process. To complete the work, the Consultant will contract directly with several subconsultants
to perform required specialty services
Architect—Graham Baba Arch'tects (GBA)
Architectural design and public process collaboration
Civil — Magnusson Klemencic Associates (MKA)
Civil engineering analysis and Site-based water management strategies
Cost Estimating — DCW Cost Management, LLC (DCW)
Initial cost estimates for Task 1 concept alternatives, detailed cost estimate for the preferred design
alternative
Water Feature Feasibility — CMS Design Collaborative (CMS)
Water feature effects and feasibility studies to support cost estimating
5
GUSTAFSON GUTHRIE NICHOL
ATTACHMENT B — PROFESSIONAL FEES AND RATES
Yakima Central Plaza Design
Design Fees
Based on the scope of services identified in ATTACHMENT A, anticipated fees are as follows:
GGN
G BA.
M KA.
DCW:
CMS
Landscape architect and prime
Architecture
Civil Engineering
Cost Estimating
Water Feature Feasibility
Total 145,000
2014 Hourly Rates
GGN
Founding Principal Kathryn Gustafson
Principal Bernie Alonzo
Senior Associate
Associate Kara Weaver
Designer
Administration
GBA
Principal
Project Designer
Project Manager
Project Architect
Intern
Administration
MKA
Jon Magnusson
Ron Klemencic
Senior Principal (SVP)
Principal (VP)
Senior Associate
Associate
Senior Engineer
Engineer
Senior CAC/BIM Specialist
CAD Specialist
Administration
SEATTLE & WASHINGTON. DC
TEL 206.903.6802
WWW.GGNLTD COM
Brett Baba
Francesco Borghesi
Maureen O'Leary
Andy Brown
1932 FIRST AVENUE
SUITE 700
SEATTLE. WA 98101
$265-$300
$175-$225
$150-$175
$125-$150
$75-$125
$75-$125
$180
$140
$140
$85
$65
$50
$325
$325
$250
$225
$195
$175
$155
$125
$130
$100
$90
1054 3IST ST NW
SUITE 210
WASHINGTON. DC 20007
GUSTAFSON GUTHRIE NICHOL
DCW
Managing Director
Specialists
Cost Planners
Administration
Trish Drew
$185-$225
$150-$185
$ 95-125
$ 65-85
CMS
President $175
Principal $155
Associate Principal $135
Associate $125
Senior Designer $110
Designer $85
Drafter $65
Clerical $45
2