HomeMy WebLinkAboutR-2014-046 Downtown Yakima Parking Study Agreement with Carl Walker, Inc. RESOLUTION NO. R- 2014 -046
A RESOLUTION authorizing and directing the City Manager to execute an agreement
with Carl Walker Inc. to conduct a parking study in Downtown
Yakima
WHEREAS, the City is working on implementing the Downtown Yakima Master
Plan; and
WHEREAS, the City requires a contractor to provide a parking and circulation
study in Downtown Yakima before proceeding with key projects recommendations in the
Downtown Yakima Master Plan; and
WHEREAS, Carl Walker Inc. has the experience and expertise to provide the
necessary parking and circulation services and is willing to do so in accordance with the
terms and conditions of the attached amendment to the agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached
contract with Carl Walker Inc for Professional Services for parking and circulation
services for the Downtown Yakima to be executed on March, 18, 2014
ADOPTED BY THE CITY COUNCIL this 18 day of March 2014
Micah Cawl y, Mayor
ATTEST:
SA a Claar Tee, City Cle v t
s O
• For City of Yakima Use Only:
Contract No_7 /y —S /
Project No.
Resolution No c AGREEMENT
RFQP No
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
CARL WALKER, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 7Th day of 1 141/di , 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 Carl Walker, Inc. with its
principal office in Kalamazoo, Michigan hereinafter referred to as "CONSULTANT "; said corporation is
licensed and registered to do business in the State of Washington.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described m 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,
Matthew Q. Inman 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
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beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional
Services."
2 4.1 If such Additional Services cause an increase or decrease m 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.
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.
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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 authonzed in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed forty five thousand, seven hundred and fifty two Dollars ($45,752).
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 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
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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, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards,
losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by
third parties arising out of, or related to any death, injury, damage or destruction to any
person or any property to the extent caused by any negligent act, action, default, error or
omission or willful misconduct arising out of the CONSULTANT's performance under
this Agreement. In the event that any lien is placed upon the City's property or any of the
City's officers, employees or agents as a result of the negligence or willful misconduct of
the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved
and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection
with the service.
• (c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a
person identified above for whom each is liable) is a cause of such third party claim, the
-loss, cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification m any third party.
6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts.
CONSULTANT'S INITIALS CITY'S INITIALS
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied. The
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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
CONSULTANTS WORK and invoices.
7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access
to records pursuant to this section provided that the CONSULTANT is afforded the opportunity
for an audit exit conference and an opportunity to comment and submit any supporting
documentation on the pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the CONSULTANT.
7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK.
7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 8 REUSE OF DOCUMENTS
8.1. 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 if they were caused by the CONSULTANT's
own negligent acts or omissions.
8.2 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.
8.3 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 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
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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
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
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 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 may not be modified or altered except in writing signed by both parties.
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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 msofar 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 Washmgton.
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 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
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shall consider the amount of WORK onginally 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
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 m 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.
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CITY: City of Yakima
Tony O'Rourke, City Manager
129 North 2 Street
Yakima, WA 98901
CONSULTANT: Carl Walker, Inc.
Matthew Q. Inman, Vice President
5136 Lovers Lane
Suite 200
Kalamazoo, MI 49002
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized office • . - sentatives as of the day and year first above written.
CITY O / YAKIMA
•
T7 ke Signature
Printed Name: (Ate D Prmted Name: MA .,
Title: City Manager Title: VOA. PetS1CJAK4
Date: J' I y Date: MO.r•. IN . (3
Attest l / I _ r ���
City Cl
"` ICI
CITY CONTRAC r N0: ' . \'v' aS
RESOLUTION No.
9
EXHIBIT A
SCOPE OF SERVICES
The study area for this analysis is bounded by Lincoln Avenue on the north, Walnut Street
on the south, 6th Street on the east, and Front Street on the west.
PHASE ONE - EXISTING CONDITIONS
I Review of Background Data
A. Upon receiving an authorization to proceed, Carl Walker will submit an initial
"Request for Information" (RFI). This will allow us to become more familiar with
current parking - related issues and other characteristics prior to commencing
field work. The items included in the RFI will include (but not be limited to):
1. Any recently completed parking, transportation, and /or traffic studies.
2. Any available data concerning current or historic utilization' of the existing
parking supply. In particular data concerning parking occupancy by time
of day, and turnover (number of different vehicles parked in a facility) will
be very important for the study process.
3. Any recently completed downtown master plans and /or downtown
economic development studies or plans.
4. Available documentation, including original design drawings, shop
drawings, specifications, past reports, etc. for the privately owned Yakima
Mall parking structure and the Dragon Inn parking structure.
5. Available information concerning current transportation demand
management (TDM) options /strategies (if any).
6. Current city parking policies /regulations (e.g., parking - related
ordinances).
7. Current city parking - related zoning requirements (specific to the study
area).
8. Information on any parking - related committees, groups, key stakeholders,
etc.
9. Current inventory of municipal parking spaces in the study area. Mapping
showing the location and time restrictions of the on- street spaces. Current
downtown parking maps. Any available information concerning the
inventory of privately owned parking spaces.
10. Current zoning and land use data for the study area.
11. Available information concerning special events in the study area (e.g.,
number of events, typical attendance levels, parking lot closures, street
closures, and event planning /staging).
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12. Information concerning current building occupancy, and vacancies, in
the study area (square footage by land use or number of residential units).
13. Current study area site plan in AutoCAD (if available). Maps showing the
existing street and right -of -way widths for the study area. Any other
applicable maps, drawings, and /or aerial photos.
14. Current and forecasted study area population and employment
information (if available).
15. Information concerning any known future development projects in the
study area, including:
a. Size of developments (square footages, number of rooms, number of seats,
etc.);
b. Projected land uses;
c. Locations of developments;
d. Development timetables;
e. Projected parking impacts (loss of spaces, parking included with
developments, etc.).
B. While reviewing background materials, Carl Walker will identify major issues
impacting parking, determine the validity of any current
inventory/occupancy data, and identify information that will need to be
updated.
C. Review the scope of services with representatives from the city and any other
designated stakeholders via conference call to clarify study objectives, verify
existing conditions, confirm the study area, define parking analysis zones,
review and update the work plan and schedule, and identify project
milestones.
II Site Visit - Parking Inventory and Occupancy Surveys
A. Conduct a multi -day site visit to review current conditions, complete parking
supply /demand surveys, and conduct public input sessions.
1. Meet with city staff and /or designated project stakeholders (e.g., plaza
designers, master plan committee, and city council members) to review
site visit objectives, discuss current parking issues, and identify future
needs.
2. Tour the study area to develop a thorough understanding of the mix of
land uses, development activity, street conditions, pedestrian activity
levels, parking system characteristics, and business issues.
3. Conduct an initial review of existing parking and circulation conditions in
the study area. Review current parking operations and management
related issues (e.g., parking allocations, length of stay restrictions, signage
and wayfinding, and public parking assets). Begin photo documentation
of the study area.
4. Confirm the inventory of existing parking spaces in the study area supplied
by the city. Ideally parking will be categorized based on location (on-
street vs. off - street) and the type of parking provided (public parking
11
versus private parking). Inventory the location and number of ADA
Accessible Parking Spaces in the municipal parking facilities (on- street
and off - street).
5. Determine existing peak parking occupancy period(s) for the parking
supply in the study area. Based on the results of previous municipal
parking studies completed by Carl Walker, parking occupancy surveys will
be completed every two hours from 8:00 a.m. to 4:00 p.m. on two typical
peak weekdays (typically a Tuesday, Wednesday, or Thursday) and from
4:00 p.m. to 10:00 p.m. on one typical peak weekday night (typically a
Friday night). All available on- street and off - street parking spaces in the
study area will be included in the survey (excluding residential parking
areas such as driveways and apartment complexes).
6. In addition to the occupancy survey, three sample areas will be
designated for duration and turnover surveys. These surveys would
determine vehicle duration and on- street space turnover. The duration
and turnover survey would be conducted using license plate inventories
on a half -hour basis (8:00 a.m. to 4:00 p.m.) on the two weekdays
designated for occupancy survey counts.
7. If possible, Carl Walker will conduct a review of parking supply and
demand for one special event. We understand that a noon -time lecture
series has drawn a significant number of attendees and frequently
impacts the parking supply and demand dynamic.
B. Analyze the results of the site visit, supply /demand surveys, and
duration /turnover surveys and determine current parking surpluses and
deficits in the study area by location and /or block. Provide the results of the
parking inventory and occupancy counts in both tabular and graphic
formats.
III Site Visit - Evaluate Existing Parking Structures
A. Review the Yakima Mall Parking Garage and the Dragon Inn Parking Garage
to assess their viability to support study area parking demands (current and
future) . It is assumed that the City of Yakima will arrange for access
permissions for the field work in the structures.
1. Conduct a review of overall parking design and operations issues, such as
(but not limited to):
a. Basic parking facility operations, housekeeping maintenance, and
upkeep.
b. Review parking operations, vehicle flows, staffing levels, customer
service, access and revenue control technologies, and overall
efficiencies.
c. Parking facility marketing strategies.
d. Current parking rates, validation programs, and discounts.
e General parking facility utilization including user mixes.
f. Current entry/exit lane configurations and traffic flow capacities.
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g. Current internal traffic flow issues /concerns.
h. Current parking space configurations and pavement markings.
i. Accessible (ADA) parking space design and locations.
j. Current parking - related signage (including code required signage),
wayfinding, and level identification issues. This review will include both
internal and external signage.
k. Current parking access and revenue control technologies used.
I. General facility lighting levels (though not a complete facility lighting
study) .
m. Potential pedestrian issues /concerns such as tripping hazards,
pedestrian access aisles, entry/exit points, wayfinding, etc.
n. Potential vehicle traffic hazards such as equipment locations, line -of-
sight concerns, traffic conflicts, etc.
o. Passive security issues (e.g., typical crime prevention design elements -
low level landscaping, open stair towers, glass- backed elevators,
elimination of potential hiding places).
p. Active security issues (e.g., emergency call boxes, CCTV, panic
alarms, and security patrols).
q. Internal and external facility appearance.
2. Review available documentation, including original design drawings,
shop drawings, specifications, past condition evaluation reports, etc. This
documentation review will allow us to develop an understanding of the
original design and the history of the parking structures. '
3. Perform a walk- through visual review of the condition of the structural
components (columns, floors, ceilings, walls) of the parking structures.
4. Develop a listing of potential repairs, order of magnitude estimate of
repair costs, and the estimated remaining useful life of the structures.
5. Prepare a brief written overview on the condition of the structures.
IV Public Outreach
A. Work with the city to designate stakeholders to be included in the outreach
process (not including any general public meetings).
B. Conduct three public input meetings on one day (scheduled during the week
of the Task II site visit). One meeting would be open to the general public
and two would be restricted to invited stakeholders (minimum of 20
participants). The input sessions will be conducted to gain stakeholder
perspectives concerning parking in the study area, as well as provide some
education concerning parking planning, operations, and management.
C. Items to be covered could include (but are not limited to): potential losses of
parking, use of underutilized parking, parking supply /demand, parking system
operations /management (e.g., parking enforcement, permits, etc.),
accessibility for physically challenged community members, on- street and off -
street concerns, employee parking, parking enforcement, pay parking,
parking validation programs, neighborhood issues /concerns, residential
13
parking, parking for loading and unloading, parking pricing issues, pedestrian
issues, etc.
D. Input will be solicited from stakeholders to help define opportunities and
constraints.
V Phase One Report
A At the conclusion of Phase One, prepare a draft report summarizing the
review of existing conditions. This report would include a summary of the
review of current operations and management, a review of public input
received, as well as an assessment of current parking adequacies (parking
supply and demand).
B. Conduct a review of the Phase One draft report with city staff, the Downtown
Yakima Master Plan Implementation Committee and any other designated
stakeholders via conference call.
C. Incorporate any comments received concerning the Phase One draft report
into a final Phase One report.
PHASE TWO - FUTURE PARKING CONDITIONS
Future Parking Demand
A. The city (and /or designated study area stakeholders) will provide information
regarding future development plans in the study area. Some of this
information will also be gathered during Phase One.
B. Comment on future parking demand based on the site specific parking ratios
determined by field surveys, past parking occupancy data, and /or industry
standards.
C. Compare the anticipated future parking supply with the projected future
demands for parking in the study area to determine the impact that
projected development(s) and other changes will have on parking
conditions.
D. Determine future parking surpluses or deficits within the study area on a block
and /or zone basis.
II Alternatives - Future Supply - Management
A. Review existing public parking facilities and recommending efficiency
improvements.
B. Identify opportunities to increase on- street parking supplies in the study area
(either through the creation of new spaces or the reconfiguration of existing
spaces). Review concept plans for the additional spaces prepared by city
staff.
14
C. Review existing parking zoning requirements and recommending
improvements.
D. Recommend strategies the city could use to improve the availability of
privately -owned parking.
E. Identify necessary improvements to the Yakima Mall and Dragon Inn parking
structures to improve utilization, efficiency, accessibility, as well as ensure user
comfort and safety. Determine specific improvements needed and estimate
potential improvement costs.
F. Provide recommendations to better manage existing public parking
inventories, improve current operations, and improve the utilization of existing
parking. After reviewing many different downtown parking systems, Carl
Walker has developed a review approach that uses the twenty
characteristics of successful parking systems and will apply these
characteristics to the study area.
G. Identify strategies to improve the availability of on- street and other short -term
parking spaces.
H. Provide alternatives to improve the consistency of parking enforcement, while
still being friendly to downtown visitors and customers.
I. Identify Improvements to parking allocation strategies to ensure sufficient
parking is available to downtown visitors and employees.
J. Identify opportunities to improve accessible parking accommodations for
people with physical challenges.
K. Provide strategies to improve the marketing and communication of public
parking programs.
L. Identify opportunities to use parking management to support the increased
use of alternative forms of transportation.
M. Determine options for improving the movement of vehicles into and out of
public parking facilities and on- street spaces, as well as vehicles circulating
throughout the study area looking for available parking.
N. Identify opportunities to improve pedestrian circulation between parking
locations and primary destinations.
0. Provide recommendations for future parking facility changes /additions.
Identify locations for additional parking including on- street spaces, off - street
lots, and possible structures (where needed). Determine the number of
parking spaces needed and provide preliminary estimates on how much
parking could be provided at the potential sites based on available site
footprints. In addition, determine preliminary construction costs.
15
P. Develop short -term and long -term recommended parking system
improvements and recommend an improvement implementation action
plan.
Q. Develop cost estimates for recommended improvements and provide
preliminary strategies for funding them.
III Phase Two Report
A. At the conclusion of Phase Two, prepare a draft report summarizing the
alternatives and recommendations for system improvements.
B. Conduct a review of the Phase Two draft report with city staff, the Downtown
Yakima Master Plan Implementation Committee and any other designated
stakeholders via conference call or in person.
C. Incorporate any comments received concerning the Phase Two draft report
into a final Phase Two report.
PHASE THREE - FINAL PARKING STUDY REPORT
I Final Report
A. Incorporate the input received at the end of each of the previous phases into
the final report (covering the entire parking study). The final report will
include:
1. Assessment of current conditions;
2. Projection of future conditions;
3. Parking operations, management, and supply improvement alternatives;
4. Prioritized short -term and long -term parking management action plan.
B. Provide the final draft of the report to the city for final review. Conduct the
draft report review via conference call.
C. Incorporate any final comments and complete the final report.
D. Present the final report to the city, The Downtown Yakima Master Plan
Implementation Committee, the Yakima City Council, and any other
designated stakeholders in Yakima.
16
EXHIBIT B
Professional Fees and Rates
We propose to provide the scope of services described in Exhibit A on an hourly basis
plus customary reimbursable expenses. Our current hourly billing rates are as shown
below in Table B -1:
Table B -1
CARL WALKER, INC.
FEE SCHEDULE FY 2014
FSWP:201 4
President $281.00 - $281.00 /Hr
Executive /Senior Vice President $209.00 - $249.00 /Hr
Vice President; Managing Principal $183.00 - $209.00 /Hr
Principal $145 00 - $173.00 /Hr
Restoration Manager; Chief Engineer $183.00 - $209.00 /Hr
Senior Project Manager $138.00 - $162.00 /Hr
Project Manager; Senior Engineer $119.00 - $162.00 /Hr
Senior Architect; Senior Planner $122.00 - $127.00 /Hr
Senior Parking /Restoration Specialist $135 00 - $154.00 /Hr
Parking /Studies Specialist $124.00 - $133.00 /Hr
Project Engineer /Architect; Design Engineer $ 93.00 - $126.00 /Hr
Chief /Senior Design Technician $111.00 - $133.00 /Hr
Design /Parking Technician $ 80.00 - $ 86.00 /Hr
Restoration Specialists $ 84.00 - $104.00 /Hr
Restoration Technician $ 71.00 - $101 00 /Hr
Clerical $ 52.00 - $ 90.00 /Hr
Hourly billing rates are effective March 1, 2014 through February 28, 2015
Our estimated hours to complete the scope of services, project personnel, hours by
phase and resulting fee are shown in Table B -2. Additional services as authorized by the
City of Yakima will be billed using the applicable per hour rates plus reimbursable
expenses.
17
Table B -2
Matt Bill Greg Temporary
Personnel Inman Surna Watts TBD TBD Personnel
Role Principal P.M. Planner Engineer Drafting Field Work
Hourly Rate X 7dd X7,55 $754 $775 '&I $1b
Phase I Estimated Hours by Phase
Hnase One .31 54 125 .fib Vb
Phase Two 24 32 8
Phase Three 12 12
Total Hours bo e2S LIS sib 23 VD
Estimated
Personnel
Fee
by Phase
Phase One 1,14,725
Phase Two $9,568
Phase Three $3,876
;Isi,oui Estimated Personnel Fee
$8,150 Estimated Travel Expenses
5,ioz TOTAL ESTIMATED FEE
18
t \
if t,y
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1.
For Meeting of: 3/18/2014
ITEM TITLE: Resolution authorizing an agreement with Carl Walker Inc. to
conduct a parking study in Downtown Yakima.
SUBMITTED BY: Tony 0' Rourke, City Manager
Sean Hawkins, Economic Development Manager
Joan Davenport, Strategic Projects Manager
SUMMARY EXPLANATION:
Carl Walker Inc. is recommended to conduct a full parking study in the area bounded by Walnut
Street to the South, Lincoln Avenue to the North, Front Street to the West and 6th Street to the
East. The scope of work will include a review of our current parking system and usage patterns,
an inventory and occupancy survey, evaluation of the former Yakima Mall Parking Garage and
Dragon Irin Parking Garage and public stakeholder sessions. The deliverables will include
recommendations to create a more efficient parking management system, identification of
opportunities to increase on street parking spaces, parking management and operations
recommendations and a study at how the proposed plaza location will effect parking in the
nearby area.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: 03/18/14 End Date:
Item Budgeted: Amount: $45,752
Funding Source /Fiscal
Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
City Manager
APPROVED FOR
SUBMITTAL:
,,..
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
A resolution authorizing and directing the City
0 Manager to execute an agreement with Carl 3/11/2014 Cover Memo
Walker Inc. to conduct a parking study in
Downtown Yakima
0 Carl Walker Inc. Contract 3/12/2014 Cover Memo