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Home My WebLink About04/07/2015 14 Yakima Central (Downtown) Plaza Design and Construction Administration Agreement with Gustafson Guthrie Nichol (GGN)ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached memorandum. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 14. For Meeting of: April 7, 2015 Resolution authorizing an agreement with Gustafson Guthrie Nichol (GGN) to prepare the design and construction documents for the Yakima Central Plaza, and to provide construction administration services at such time as the City Council chooses to proceed with the construction of the plaza Sean Hawkins, Economic Development Manager 575-6274 Debbie Cook, Director of Utilities and Engineering 575-6120 Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff respectfully requests that Council approve the Professional Services Agreement between the City and Gustafson Guthrie Nichol, LTD for the design of the Yakima Central Plaza and surrounding streets in the amount of $1,110,031, and the construction administration of said project should the City decide to build it, in the amount of $370,569. Additionally, it is requested that the Council direct the design phase to be first funded with the $500,000 Plath family contribution, with the remaining funding, up to but not to exceed $610,031 of City funds for a total not to exceed $1,110,031. ATTACHMENTS: Description Upload Date • memo 4/2/2015 D GGN Agreement Resolution 4/1/2015 D contract 4/1/2015 Type Cover Memo Cover Memo Contract MEMORANDUM April 3, 2015 TO: The Honorable Mayor and Members of the City Council City Manager O'Rourke FROM: Sean Hawkins, Economic Development Manager 575-6274 Debbie Cook, Director of Utilities and Engineering 575-6120 In April of 2013, the Yakima City Council initiated a public process to create a Downtown Master Plan to guide future development and retail activity in Yakima's downtown district. After five comprehensive public meetings, a downtown plaza was identified as the first project to be implemented as part of the plan's numerous recommendations. The plaza was identified as a game changer for the downtown district as it would change perceptions on how people view downtown and increase "body heat" in downtown with the numerous events and activities hosted in the space. In April 2014, the Yakima City Council selected Gustafson, Guthrie, Nichol, LTD (GGN) and Graham Baba Architects to conduct a conceptual design process for the Yakima Central Plaza project. The design team looked at two locations for the proposed plaza and developed five design options for public and City Council consideration. After five public sessions, the Yakima City Council approved option Y -A in September of 2014. On January 29, 2015, the City solicited RFQ 11507Q to hire a firm to take the approved conceptual design for the Yakima Central Plaza through the full design process with a final deliverable of construction documents that could be put out for bid in early 2016 following City Council direction to construct the project. Eleven design firms were solicited. Two firms, GGN and HBB Landscape Architecture, responded to the RFQ and were interviewed on February 26, 2015, by a committee of City Council members and staff. GGN received the highest score from the committee (437/500 possible points vs. 415/500 for HBB). Therefore, the committee recommended that staff proceed to negotiate a contract for the plaza design with GGN. City staff has negotiated a $1,110,031 fee agreement with GGN for the design of the Yakima Plaza Option Y -A and surrounding street renovation. Also included in this agreement is GGN's $370,569 fee for construction administration, should the City choose to build the plaza. If the plaza is not constructed, the agreement for the construction administration fee will be void. GGN's Design fee, which includes full development of the design concept and production of 100% construction drawings and specifications, will not exceed the amount of $1,110,031. Their construction administration fee, which would include technical support such as reviewing material submittals and responding to the Contractor's technical design questions, will not exceed the amount of $370,569. Although it is not specifically part of the design process, including GGN's construction administration fee in this agreement will allow the City to efficiently initiate GGN's participation in the construction phase at such time the City chooses to proceed in building the project. All of GGN's fees, costs for site survey and geotechnical work, the estimated construction costs, and project soft costs (such as taxes, testing and inspection and City staff project/construction management costs), are included in the proposed $14,000,000 project budget, as follows: Yakima Plaza Project Option Y -A + Surrounding City Streets: Conceptual Design & Construction Budget Estimate Phase 1 - Phase 2 - Cost TypeDesign Construction Total GGN Fee' $1,110,031 $370,569 $1,480,600 Geo Tech/Survey $62,500 $62,500 Construction Contract2 $11,500,000 $11,500,000 City Soft Costs3 $956,900 Total 4 $14,000,000', Notes: 1. GGN fess are "Not to Exceed" and include reimbursable expenses. GGN will be paid actual costs for work performed. 2. Construction Contract is a conceptual estimate. 3. City soft costs include taxes on construction contract, City staff time for project/construction management, testing, etc). 4. Contingencies for unforeseen site conditions such as contaminated soil are not included in any category of the project budget. The City has budgeted $800,000 for the design of the plaza project. Additionally, the Plath family has agreed to pay $500,000 toward the plaza design. Therefore, in order to fund the design, the Council may choose to commit all of the City funds and $310,031 of the Plath monies; or all of the Plath monies and $610,031 of City funds. The funding sources for the construction phase, including GGN's construction administration responsibilities, will be determined at such time the City choses to build the plaza. The annual Operations and Maintenance costs for the project will be $85,000. That amount includes 40 hours a week of maintenance from October to March and 56 hours a week from April to September. The scope of services would include daily litter removal, landscaping, fountain maintenance and special projects. Included in the $85,000 budget will be chemicals, power and water costs for the fountains. RESOLUTION NO. 2015 - A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Gustafson Guthrie Nichol (GGN) to prepare the design and construction documents for the Yakima Central Plaza, and to provide construction administration services at such time as the City Council chooses to proceed with the construction of the plaza. WHEREAS, the Yakima City Council has established that constructing a Yakima Central Plaza is responsive to the City Council's strategic priorities concerning "Economic Development" and "Improving the Built Environment"; and WHEREAS, the City of Yakima has followed the procedure established by the State of Washington to select and recommend a professional firm, utilizing the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm to prepare the engineering plans and specifications for the Plaza construction bid process; and WHEREAS, GGN submitted a Statement of Qualifications (SOQs) verifying that they are qualified to perform the work, and after an interview process were determined to be the most qualified of those that submitted SOQs; 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; and WHEREAS, THE City Council has determined that it is in the best interest of the City to engage Gustafson Guthrie Nichol to prepare the design and construction documents for the Yakima Central Plaza in accordance with the terms and conditions set forth in the Professional Services Agreement attached hereto and incorporated herein by this reference, 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 Professional Services Agreement with GGN attached hereto and incorporated herein by this reference, in amounts not to exceed One Million One Hundred Thousand Thirty -One Dollars ($1,110,031) for design of the Yakima Central Plaza and Three Hundred Seventy Thousand Five Hundred Seventy Dollars ($370,570) for construction administration, as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 71h day of April, 2015. Micah D. Cawley, Mayor ATTEST: Sonya Claar-Tee, City Clerk For City of Yakima Use Only: LContract 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 ArPit/ , 2015, 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. with its principal office at 1932 First Avenue, Suite 700, Seattle, WA, 98101 hereinafter referred to as "CONSULTANT"; said corporation is licensed and registered to do business in the State of Washington, and will provide services under this Agreement for services, hereinafter referred to as "SERVICES" on behalf of the City of Yakima. WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this Agreement, incorporated Exhibits 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, Grant Stewart 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 RFQP 11323/Page 1 of 12 beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.4.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the CONSULTANT according to the 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 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. RFQP 11323/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 CONSULTANTS 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 the design and documentation phase of this PROJECT (TASKS 1-4) shall not exceed one million, one hundred and ten thousand and thirty one dollars (1,110,031.00). If the PROJECT proceeds beyond the design and documentation phase, unless specifically authorized in writing by the CITY, the total budgetary amount for the Bid, Award, and Construction Contract Administration Phase (Task 5) shall not exceed three hundred and seventy thousand, five hundred and sixty-nine dollars and no cents ($370,569.00). The CONSULTANT will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. RFQP 11323/Page 3 of 12 5.3 Proposed Payment Schedule Task 1 Title Project Management and Administration Base Design & Engineering Services — SD/30%, DD/60%, CD/100% Meetings and Presentations SEPA Support NOT TO EXCEED:. Anticipated Invoice Actual Project Hours + Expenses Actual Prosect Hours + Expenses Actual Project Hours + Expenses Actual Project Hours + Expenses $1,110,031.00 NOTE: Task 5 fees and scope will go into effect if and only if the City of Yakima approves the project to proceed into bid. award, and construction. Construction Contract Administration Actual Project Hours + Expenses NOT TO EXCEED $370,569.00 Any services authorized by the City in excess of the "Not To Exceed" values set forth above, compensation 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 OWNERSHIP/USE/REUSE OF INSTRUMENTS OF SERVICE 6.1 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. 6.2 The CONSULTANT agrees that ownership of any plans, drawings, designs, specifications, 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 subject to the provisions of Section 6.3, 6.4 and 6.5 below. RFQP 11323/Page 4 of 12 6.3 All rights to patents, trademarks, copyrights, inventions, 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. 6.4 Notwithstanding anything herein to the contrary, in addition to the rights set forth in Section 6.3 above, CONSULTANT shall retain all statutory and reserved rights, including copyright to CONSULTANT'S initial concept design documents as set forth in the previous agreement for professional services between the parties, and any and all original hand written drawings, sketches or other hand written notes, created or prepared in the course of work by CONSULTANT for this Project ("CONSULTANT'S Product"), subject to an irrevocable, perpetual, license granted by CONSULTANT to the CITY to copy and use the CONSULTANT'S Product for the construction, maintenance, and/or repair of the Project. 6.5 CONSULTANT may reuse elements of the internal WORK product and instruments of service, on other projects, provided that the reused conceptual design or a major element thereof shall not substantially, significantly, or materially replicate or incorporate the aesthetic design of the original work created in connection with the Project. CONSULTANT also may use the images of internal WORK product and instruments of service for advertising and promotion when approved in writing by the CITY, which approval shall not be unreasonably withheld, conditioned, or delayed. 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 or willful misconduct of the CONSULTANT 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 lien to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the CONSULTANT harmless 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 the negligence or willful misconduct of the CITY, its employees, or agents in connection with the rights and obligations hereunder . (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. RFQP 11323/Page 5 of 12 (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 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 the CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. 7.3 Nothing in this Agreement is intended to void or vitiate insurance obtained by any party. Any clause which voids or vitiates insurance obtained by any party shall be null and void. 7.4 Notwithstanding anything to the contrary contained in this Agreement, Architect's officers, managers, members and employees shall have no individual liability, for any of their acts and/or omissions carried out in good faith furtherance of the objectives of this Agreement. In such case liability shall only attach to Architect's entity. 7.5 Notwithstanding anything to the contrary contained in this Agreement, Owner expressly agrees that to the fullest extent permitted by law, the Architect's maximum liability to Owner for insured claims arising from the Architect's negligent, reckless, or intentionally wrongful performance, or breach under this Agreement by, the Architect, its officers, employees, consultants and/or agents, shall be limited to the extent of Architect's available insurance coverage at the time of settlement and/or judgment. As used in this paragraph, the term "liability" means liability of any kind, whether in contract (including breach of warranty), in tort (including negligence), fiduciary duty, in strict liability, or otherwise, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Architect's Architectural Services, or the services of Architect's officers, employees, consultants and/or agents, form any cause. 7.6 The parties agree that all claims shall be brought within two years from the date of Substantial Completion. Any claims brought after two years from the date of Substantial Completion shall be time barred. 7.7 As between Architect and Owner, there shall be no independent duty owed between the parties. Any and all duties between the parties shall exist only under this Agreement 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 access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the WORK. The CITY shall also have access to such books, records, and documents during the performance of the WORK, if deemed necessary by the CITY, to verify the CONSULTANT'S WORK and invoices. 8.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. RFQP 11323/Page 6 of 12 8.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the CONSULTANT. 8.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for WORK. 8.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 9 INSURANCE 9.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect insurance to protect the City and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. 9.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional 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, OIC shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 9.1.1 entitled "Commercial General 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 RFQP 11323/Page 7 of 12 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, along with the City RFP and the Consultant's response to the RFP, 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 for all disputes arising under this Agreement shall be in a court of competent jurisdiction in 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. RFQP 11323/Page 8 of 12 Ati 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 15. SECTION 16 TERMINATION OF WORK 16.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 16.2 In addition to termination under subsection 16.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 16.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all damages, costs, and expenses whether directly, or indirectly, caused by said default, with the amount of damages, costs and expenses, including but not limited to the damages, costs and expenses required for completion of the services, substantiated by documentation showing the damages, costs, or expenses incurred were reasonable under an industry standard. 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, RFQP 11323/Page 9 of 12 fri 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. 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. RFQP 11323/Page 10 of 12 (r -b 19.2 Waiver of Claims for Consequential Damages. Notwithstanding anything herein to the contrary, the parties waive any and all claims against each other for consequential, incidental, or punitive damages arising out of or relating to this Agreement including but not limited to lost profits or loss of use even if advised of the possibility thereof. This mutual waiver includes 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. SECTION 20 EXPANSION FOR NEW WORK 20.1 This Agreement scope may be expanded for new work. Any expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP as intended work for the Agreement) must comply with all the following limitations and requirements: (a) the New Work is not reasonable to solicit separately; (b) the New Work is for reasonable purpose; (c) the New Work was not reasonably known either to the City or Consultant at time of contract or else was mentioned as a possibility in the solicitation (such as future phases of work, or a change in law); (d) the New Work is not significant enough to be reasonably regarded as an independent body of work; (e) the New Work would not have attracted a different field of competition; and (f) the change does not vary the essential identified or main purposes of the Agreement. The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not New Work subject to these limitations, such as additional phases of Work anticipated at the time of solicitation, time extensions, Work Orders issued on an On -Call contract, and similar. New work must be mutually agreed upon and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment. 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 Printed Name: Title: city Manaver Dater Attest City Clerk RFQP 11323/Page 11 of 12 GUSTAFSON GUTHRIE NICHOL LTD Printed Nan Title: Founding Principal Date:. eh GUSTAFSON GUTHRIE NICHOL EXHIBIT A — Yakima Central Plaza Project Scope of Work April 7, 2015 This scope of work document is attached to the Prime Agreement as Exhibit A, based on the City of Yakima (CITY) standard agreement for professional services. Project Description and Background In 2014, the City of Yakima hired the Gustafson Guthrie Nichol Team (CONSULTANT) to develop a concept design for the Yakima Central Plaza. Through an extensive public process that concluded in the fall of 2014, the Yakima City Council voted to proceed with the plaza concept design known as Y -a, hereafter referred to as the PROJECT. The City of Yakima now seeks to construct the PROJECT on a parcel of land owned by the City of Yakima, Washington. The PROJECT is anticipated to include landscape (paving, planting, site furnishings), grading, a water feature, site utilities, site lighting, and a multi -use market/parking pavilion. Portions of the surrounding streets (South 2"d, South 3rd, and Chestnut) are being considered for updates to accommodate new sidewalks, street lighting, curbs and street surfaces, and reconfigured on -street parking. rpt E Yakima Avenue m sing an. 170 "R rr} /.+.■.i.....u.....� .-.-.-.-. _...r S r i ■� ALLEY„ ; „. 1 F: I , U � ■ .1w;f• al 'I n la . J' .APPROXIMATE LIMIT •1C-1—OF . .. STREET IMPROVEMENTS APPROXIMATE PROPERTY LINE 4 r........... Ww..'. r... nr..aw,.:..rIll:,,..1i •�'�,�`" �; �,R STREETS .1- 1 r or ChOP estnut treei��+ � J L u SEATTLE & WASHaNGTCN DC TEL 206 903 6802 W'hW GGN I.TD COM 19]? F3RST AVENUE IJI I C 7100 5F.ATTI.F.., IYA 98101 1054 31ST ST NW SUITE ?10 WASHINGTON. DC 20007 GUSTAFSON GUTHRIE�A��U "nvv°xnv�o_ EXHIBIT A — Yakima Central Plaza Pject Scope of Work April 7, 2015 The public plaza component of the PROJECT is approximately two (2) acres in size, and is bounded by South 2"d Avenue to the west, East Chestnut Avenue to the south, South 3rd Street to the east, and shares an unnamed alley to the north with businesses located on East Yakima Avenue. The current use of the parcel is a CITY owned, public, surface parking lot. Project Assumptions On March 2, 2015, the GGN team was selected by the City of Yakima to provide professional services for the Yakima Central Plaza PROJECT through an RFQ process. The base PROJECT includes the design of the central p|aza, a shade stmdure, and streetscape and alley improvements within the immediately adjacent right of way. Tasks In general, the cnnrdinabon, design, documentation, and construction of the Yakima Central Plaza project will consist of the following tasks to be provided holistically within each of the project phases: Task 1 — Project Administration and Management Task Z—Base Design & Engineering Services —SD8O%.DO/§O%.[D/100%Design Task 3 — Meetings and Presentations Task 4 — SEPA Support Task 5 — Bid, Award, and Construction Contract Admiriistration Budget The tot | project construction budget target (hard costs) is eleven miUion, five hundred thousand dollars and nocents ($11.5OO.00O). This budget differs significantly from the estimate of probable construction costs prepared at the conclusion of the Yakima Plaza Concept Design Phase in October 2014, based on concept design Y -a. Budget Reconciliation Both the CONSULTANT Team and the CITY acknowledge the discrepancy between the estimate of probable construction costs, and the established budget target of $11.500.000. Both the CONSULTANT Team and the CITY agree to revisit the project goals, expectations, and budget at the conclusion of the SD/30% design phase of design, when the design and budget will be reconciled and confirmed. Decisions about materials, finishes, program, and other plaza elements will be made during the SD/30% design phase in order to bring the total project scope into agreement and alignment with the project budget. Environmental Review The project is subject to the SEPA review process. The City of Yakima staff will lead the process. The CONSULTANT team will provide supporting materials, 2 GUSTAFSON GUTHRIE ��U��U o�nv�vox�m~EXHIBIT A — Yakima Central Plaza Project Scope of Work Schedule April 7, 2015 Phase Stz3rt End Duration SD/30%Design Cost Estimate and Approvals ------- 1 -May -15 17 -Ju| -15 31 -Jul -15 9 -Oct -15 2.5 months 2 weeks ' 2.5 months 20 -Ju| -15 3 -Aug -15 DD/60% Design Cost Estimate and Approvals 12 -Oct -15 23-Dc1-15 2 weeks CD/Final Design) 26 -Oct -15 25-Map18 5 months 2 weeks 12-'14 months Cost Estimate and Approvals Bid, Award, and Construction 28 -Mar -16 TBD TBD Revisions to the schedule may be required. Schedule revisions will be reviewed and confirmed with the CITY, Additional services may be negotiated for work extending beyond this schedule, for each phase. Exclusions The following services/costs are not included in the base scope of design services, however, upon written approval from the CITYthey can be included as an additional service and additional fee to the contract. • Fabrication, or assembly of design mock-ups for all design disciplines. Design mock-ups will be reviewed by the design team and produced by the contractor • Dedgn, deve|upmont, and attendance of lighting mock-ups • Any coordination, design, of documentation services required outside of the project Limit of Work area • All permitting fees • Commissioning and training • Site, way -finding signage and/or branding ▪ Acoustical engineering and design • All testing and inspections (coordination, fees, review, etc.) • AV systems design and/or theatre lighting systems and controls • Design of specialty Iighting ~ Preparation of life -cycle cost estimates/analysis (all disciplines and scope areas) Documentation, coordination, or submittals for energy/sustainability compliance Structural design and documentation required for Art installations • Design and documentation for storm -water or sewage pump stations • Analysis, design, and coordination of sustainable water and/or waste -water systems GUSTAFSON GUTHRIE�U��U NICHOL EXH 1 BIT A — Yakima Central Plaza Projectject Scope of Work April 7, 2015 • Design of structural shoring systems. Note: structural shoring is not anticipated to be required for this project Security design and coordination Design for alternative energy, natural gas, Wi-Fi, TV/cable, public address/paging/intercom, or telecommunication systems Design of waterproofing systems. The CONSULTANT will specify waterproofing products and performance requirements for the water feature and the shade structure roof. The contractor will be responsible for constructability review, installation, and warranty of the waterproofing. • Decommisdon, nemnva|, or demolition of abandoned underground/overhead utilities, structures ^ Hazardous materials or contaminated soils identification, remediation, or mitigation ~ Design and documentation for new or modified existing traffic signalization ~ Fees for Geotechnical Survey and/or geo-technical engineer Coordination or fees for site physical topographical survey ~ Preparation of multiple documents for phased permitting or bid packages Production of a professional model or profoiona| project illustrations • Production of a 3D model for design or construction, including Revit or similar • Production of the Division 0 portions (contracting agreement) of the project specification • Production of maintenance manuals. Note: maintenance manuals will be required to be provided by the contractor where appropriate, i.e. water feature systems and irrigation systems. ^ Preparation of existing conditions documentation ~ Production of as -built' or record' drawings from contractor mark-ups ^ Documentation or coordination required for LEED credits (or similar credential/certification programs) • Analysis of construction phasing, means and methods review, constructability review and implementation of resulting changes • All aspects of construction site safety • Significant design modifications to the approved DD/60% Design or CD/90% or Final Design submittals for any of the following reasons: 1. Reductions from the agreed construction budget 2. Change ofscope 3. Change of program or vision Preparation of change orders that are to remedy contractor error, regulatory changes, or changes in scope as directed by the CITY Exceptional CITY or public review processes (in excess of anticipated meetings listed in the scope and deliverables section. Additional meetings will be performed at the request of the CITY and at the current hourly rates and travel expenses. Task 1 — Project Administration and Management CONSULTANT shall provide project management and administration services, including the preparation of monthly narrative progress reports, manage the sub -consultants, and attend and/or conduct project related meetings to coordinate the project activities as outlined below. CONSULTANT shall partner with the CITY on the successful delivery of this PROJECT, and is responsible for project mariagement of the various work elements described within this document. These responsibilities include, but are not Iimited to: 4 GUSTAFSON GUTHRIE N�U��U v�"v~onv�v~EXHIBIT A — Yakima Central Plaza Project Scope of Work April 7, 2015 ~ Development and maintenance of a project schedule through the end of CD/100% design, CONSULTANT shall ensure that project team members are aware of schedule commitments. In the event of schedule slippage beyond the CONSULTANT's control, the CONSULTANT shall work with the CITY to develop a revised schedule that works for the CITY and CONSULTANT. ^ Identification of issues that could result in project scope changes and immediate discussion of them with CITY project staff. ~ Development and maintenance of a project budget through the end of CD/100% design, at which point the CITY will take on the responsibility of maintaining the budget. CONSULTANT shall immediately notify CITY of anything which may result in increasing project cost. CITY understands that the CONSULTANT has no control over unknown conditions that may impact the project budget. The CITY agrees the CONSULTANT is not responsible for re -design or revised documentation due to budget issues caused by unknown conditions. CONSULTANT shall be responsible for: ~ Executing and administering sub -consultant agreements. ~ Distributing applicable information to team members, including sub -consultants, in a timely manner. ' Providing project management guidance as necessary to achieve project milestones. ` Reviewing sub -consultant monthly invoices and progress reports. ~ Ensuring that effective quality assurance/quality control procedures are implemented. 1.1 Project Management Description of Work: CONSULTANT shall employ management tools that effectively communicate information, share documents, manage project scope, and manage the project budget, Assumptions: ~ The PROJECT scope is intended to comply with CITY standards for PROJECT delivery. ~ CONSULTANT shall manage project file sharing. ~ CONSULTANT shall manage the PROJECT scope. Significant scope changes shall be reported to and approved in writing by the CITY prior to implementation. CONSULTANT shall maintain the PROJECT decision list that identifies outstanding design decisions necessary for the PROJECT to proceed. Deliverable(s) ^ Decision list (including regular updates) s GUSTAFSON GUTHRIE NICHOL EXHIBIT A — Yakima Central Plaza Project Scope of Work April 7, 2015 1.2 Project Schedule and Updates Description of Work: CONSULTANT shall maintain a project schedule, developed for each phase at the beginning of each phase with updates provided with each monthly meeting or call. Assumptions: • SEPA schedule to be developed and provided by CITY • CITY design and permitting schedule to be developed and provided by CITY Approach: • CONSULTANT shall develop a baseline schedule mapping key milestones for the project. • All major Scope of Work deliverables and decision making/approvals milestones will be included in the schedule with input from the disciplines responsible for developing the PROJECT. • The SEPA related key milestones will be integrated into the schedule. • The schedule will be updated at monthly management team meetings that include CITY's project manager. Deliverable(s) DRAFT Project Baseline Schedule (within 2 -weeks of project start-up) FINAL Project Baseline Schedule (within 2 -weeks of the approved DRAFT schedule) Monthly Schedule Updates 1.3 Monthly Progress Report & Invoice Description of Work: CONSULTANT shall prepare and submit a monthly progress report and invoice for the duration of the Contract. Assumptions: • None Approach: CONSULTANT shall submit an invoice that includes, but is not limited to: • A list of deliverables completed (if any) during the reporting period • A detailed invoice of hours, staff, task, and reimbursable expenses for the CONSULTANT team • A summary of billings by sub -consultants Deliverable(s): • Monthly Invoice 6 GUSTAFSON GUTHRIE�U��U onvwvxv�x_ EXHIBIT A — Yakima Central Plaza Projectject Scope of Work April 7, 2015 Task 2 — Base Services — SD/30%, DD/60%, CD/100%, Bid and Construction Administration Services Description of Work: CONSULTANT shall coordinate, design, engineer, and prepare documents and specifications for the PROJECT elements including: • CITY standard streets, curbs, and sidewalks (will be used as a design guideline) around the plaza on South 2nd Avenue to the west, East Chestnut Avenue to the south, South 3rd Street to the east ~ A plaza including paved and planting areas • Awater feature ▪ A parking lot with an architectural structure that shades the parking lot. Note: bathrooms are not included in the current budget and are excluded from this agreement • Site lighting in the plaza. CONSULTANT to use CITY standard Iighting for streets as a design guideline. CONSULTANT shall engage the following professional services for the design, engineering, and documentation of the PROJECT Architecture — The project architect, Graham Baba Architects, will develop the design for an open-air parking/market pavilion and will coordinate with the project structural, mechanical, plumbing, and electrical engineers as necessary to provide the design and documentation for the structure. Project deliverables will be provided as defined in Tasks 2.1 through 2.3. Civil Engineering — The project civil engineer, Magnusson Klemencic Associates, will develop and coordinate the design and documentation for the site utilities and streets as one document package for permit and construction. Project deliverabies will be provided as defined in Tasks 2.1 through 2.3. Structural Engineering — The project structural engineer, MA Wright LLC, will develop and coordinate the struciura|designanddocumentationfortheparking/maMketpavi|ionsbucture.sitewaUs(ifany).|amppn|e bases, and other miscellaneous site structures. Project deliverabies will be provided as defined in Tasks 2.1 through 2.3. Electrical Engineering — The project electrical engineer, Conley Engineering, will develop and coordinate the electrical design and documentation for the design of the electrical service for the parking/marketpavilion structure, plaza lighting, and power distribution to new site components. Project deliverables will be provided as defined in Tasks 2.1 through 2.3. Mechanical and Plumbing Engineering — The project mechanical and plumbing engineer, Routh Consulting Engineers, will develop and coordinate the mechanical and plumbing design and documentation for the project, including the design of the waste and water supply systems to support the project water feature. Project deliverabies will be provided as defined in Tasks 2.1 through Zl Water Feature Engineering — The project water feature engineer, CMS Design Collaborative, will develop and coordinate the water feature mechanical and control systems design and documentation for the project. The extent of the project water feature systems engineer's scope is from the pump room to the water feature and back to the pump room. The project water feature engineer will coordinate with the project civil, 7 GUSTAFSON GUTHRIE N�K��K o°n^°vv*�u~EXHIBIT A — Yakima Central Plaza Project Scope of Work April 7, 2015 mechanical, and electrical engineers to provide fresh water, waste water, and power requirements for the water feature. Project deliverables will be provided as defined in Tasks 2.1 through 2.3. Lighting Design — The project lighting designer, Niteo Lighting, LLC, will develop and coordinate the lighting design, including plaza, shade structure, parking lot, and street lighting, and documentation for the project. Project deliverabies will be provided as defined in Tasks 21 through 23. Cost Estimating — The project cost estimator, DCW Cost Management, will review the project team drawings and specifications and coordinate with the CONSULTANT, the project team, and the CITY to prepare estimates of costs as defined in Tasks 2.1 through 2.3. Geotechnical Engineering — The project CONSULTANT and consultant team will coordinate with the project geotechnical engineer, PanGeo Inc. The geotechnical engineer will be contracted by and paid by the CITY.It is anticipated that the project geotechnical engineer will prepare geotechnical reports and recommendations as required to support the project civil and structural engineers. Approach: The compilation of plans, specifications, and estimates shall be packaged and submitted as part of this Task. The CONSULTANT shall provide consistency in quality and standards across the submittals. The CONSULTANT shall prepare the plans using the CONSULTANT'S CAD Drafting Standards. 2.1 Submittal: SD/3096 The 30% design phase will commence with a scope and budget reconciliation session with the CITY that will establish any required adjustments to the project program. The 30% design phase will conclude with a final evaluation of the project budget and scope. At the conclusion of the final 30Y4 design budget reconciliation effort, the final project budget and scope will be confirmed. The SD/30% submittal will include electronic files in AutoCAD 0 compatible format along with an outline table of contents of the technical specifications for project design review. The SD/30% submittal is defined as being sufficiently complete to illustrate the entire Scope of Work under design so that all reviewers can comment on the overall project scope. This SD/30% submittal will be used to prepare an estimate of probable construction costs. The SD/30% submittal will form the basis for the evaluation of the total project construction scope and the final construction budget. The SD/30% submittal package will contain development of the foliowing: • SD/30% submittal drawings (One (1) electronic PDF of full size drawings) • SD/30% cost estimate (One (1) electronic PDF and one electronic Excel version) 8 GUSTAFSON GUTHRIE �A��8 "n"v°"vv�^~EXHIBIT A —Yakima Central Plaza Project Scope of Work April 7, 2015 2.2 Submittal: DD/60% The DD/60% submittal will include electronic files in AutoCAD © compatible format and technical specification outline for project design review. The submittal will include any outstanding issues and/or conflicts. The DD/60% submittal is defined as being sufficiently complete to illustrate the entire Scope of Work under design so that all reviewers can comment on the overall project scope. At the DD/60Y6 milestone, the intent is to include all major items and systems so that no, new, never -before seen elements of significance appear in the CD/100% Submittal. This submittal will be used to update the estimate of probable construction costs. The cost estimate will be presented in accordance with the proposed bid item list. The DD/60% submittal package will contain development of the following: Deliverable(s): • DD/60% submittal drawings (One (1) electronic PDF offull size drawings) • DD/60% outline specifications (One (1) electronic PDF, and one (1) electronic Word version) • DD/60% cost estimate (One (1) electronic Excel version) 2.3 Submittal: CD/100% - Bid Set The Final CD/100% submittal is the bid set to be used for award of contract. It will include the complete set of final drawings and details, specifications, and bid item list ready for bidding of the work. The CITY is responsible for final BID preparation and issuing the call for BIDS, Final drawings and specifications will be stamped and signed by the appropriate CONSULTANT team prufessiona|, currently licensed in the State of Washington. The CONSULTANT shall make no further changes to the documents without approval of the City, Deliverable(s): CD/100% drawings (One full-size plan, one half size plan set and PDF/CAD files) [D/100% technical specification (One unbound hard copy, one electronic PDF and one electronic WORD 2007 version on CD) CD/100% cost estimate (One (1) electronic PDF and one electronic Excel version) 2.4 Engineer's Estimate The CITY is responsible for preparing the Engineer's Estimate. The CITY will refertothefina| CONSULTANT estimate for the final preparation of the bid documents. 9 GUSTAFSON��U��8��U GUTHRIE v ovv"v~ v°"v�v o��^. EXHIBIT A — Yakima Central Plaza Pject Scope of Work April 7, 2015 Task 3 — Meetings and Presentations Description of Work: There will be regularly scheduled meetings required to complete this project. The meetings will be scheduled to ensure the design and project development activities are coordinated with the CONSULTANT team and City staff. Assumptions: ~ Project meetings and coordination are covered within this task. • Examples of meetings are illustrated in the foliowing table. Meetings may vary based on PROJECT needs. Meeting Name Attendees Frequency CITY and Design Team Check-in CITY, CONSULTANT, SUBCONSULTANTS AS Every 2 weeks, up to twenty (20) meetings Meetings NEEDED) SEPA None (GGN or Web -ex) Permitting Coordination Approach: CITY, CONSULTANT, SUBCONSULTANTS (AS NEEDED) Not Included Up to six (6) meetings (GGN, Web -ex, or Yakima — up to two (2) trips to Yakima) ~ Disthbutemeetingagendatoteammembersat|eastune(1)dayinadvance ^ Distribute meeting notes to each team member no later than one (1) week after each meeting. Deliverables: ~ Compilation of Meeting Agendas at SD/30%, DD/60%, CD/100% Design • Compilation of Meeting Notes at SD/30%, DD/60%, CD/100% Design 10 GUSTAFSON GUTHRIE�U��K NICHOLEXHIBIT A — Yakima Central Plaza Project Scope of Work April 7, 2015 Task 4 — SEPA Support The CITY will Iead and manage the SEPA process The CITY will provide the CONSULTANT with a schedule and list of milestones and other requirements necessary for the completion of the SEPA process The CITY will work with the CONSULTANT to coordinate the SEPA process and schedule with the master project SCHEDULE All environmental deUvenab|eo, except as otherwise noted be|ow, will be produced by the CITY and are not a part of this scope of work. Drawings developed by the CITY for the SEPA process will be based upon design deliverabies identified elsewhere in this scope of work, with specific additions and/or subtractions to comply with environmental regulations and permitting requirements. Agency coordination wiH be managed by the CITY.Members of the CONSULTANT team will be requested to participate in agency coordination meetings as necessary to support design discussions. Approach: ~ Review drafenvironmental and permit documents to ensure that design components are accurately reflected for submittals to agencies. ~ Coordinate with the design team to ensure that information on environmental and permitting constraints, and agency expectations are effectively communicated internally within the design team, to ensure that the final design is compliant with commitments and requirements of the outreach, permitting and environmental processes. Deliverables: ^ Draft and Final narratives and drawings for project -related permits Task 5 — Bid, Award, and Construction Contract Administration Description of Work: CONSULTANT shall serve as a point of contact for the CITY through the Construction Contract Administration process. CONSULTANT shall participate in project construction meetings and provide the CITY with periodic reports on the progress of the WORK. CONSULTANT shall review all construction schedules, submittals, and requests for information, and distribute them for prompt and timely response by the CONSULTANT team. ` Respond to contractor inquiries and review shop drawings and other applicable submittals. ~ Participate in construction coordination meetings when applicable to the scope of work for each discipline. 11 GUSTAFSON GUTHRIE�U��8 o�n"°""v�v~ EXHIBIT A — Yakima Central Plaza Pject Scope of Work April 7, 2015 ^ TheCONSULTANTshaUprovdeasmanyassixteen(1b)on'oitevisitstodetennine.ingene/a|.if work is performed in accordance with the contract documents. On-site visits will occur according to the foliowing activities: Pre'onstmciionmeetingsformajorscopeyofwork.io,uti|ities.shadepavUon.water feature, paving, and planting ~ Paving mock-ups. ~ Finish materials including surface materials for site walls, paving, rai|ings, and furnishings, ~ Grading and Iandform, ~ Specimen plant material selection at nursery (2 nursery visits organized by contractor). ^ Plant material Iayout. ~ Plant material installation. ~ General irrigation installation review and sprinkler Iayout approval, and operational and mainline pressure test. ^ The project architecshall: Attend one (1) pre - construction meeting. ~ Attend as many as five (5) on-site visits to detennine, in genem|, if work is performed in accordance with the contract documents. Participate in as many as twenty-four (24) web/video or phone conference meetings. ~ The project civil engineer shall: ~ Attend one (1) pre -construction meeting, ~ Attend as many as three (3) on-site visits to determine, in genera|, if work is performed in accordance with the contract documents. ~ The project structural engineer shall: • Attend one (1) pre-onstmdionmeeting. • Attend as many as four (4) on-site visits to detennine, in genem|, if work is performed in accordance with the contract documents, • The project electrical engineer shall: • Attend one (1) pre -construction meeting. • Attendasmanyasnine(9)on'sitevisitstodetennineingenem|.ifwmdkisperfonnedin accordance with the contract documents. ~ The project mechanical and plumbing engineer shall: ^ Attend one (1) pre - construction meeting. ~ Attend as many as eight (8) on-site visits to determine, in general, if work is performed in accordance with the contract documents, . ~ The project water feature engineer shall: ^ Attend one (1) two-day final review of the system to provide assistance to the contract with water feature systems start-up and fine tuning. ^ The project Iighting designer shall: • Review up to two (2) lighting submittals, • Aiming and focusing of the lights (if required) can be provided as an additional service. 12 GUSTAFSON GUTHRIE NICHOL EXHIBIT A —Yakima Central Plaza Project Scope of Work April 7, 2015 • The project estimator shall: • No services are anticipated during for Task 5. Deliverables: • Prepare and submit Site Observation Reports to your office documenting on-site observations. • Prepare final punch list. Review back -punch items. 13 EXHIBIT B Yakima Central Plaza - Phase 1 Design Professional Services Classification Hourly Billing Rate Total Hours Total Labor Total Costs Founding Principal $275 226 $62,150 Principal $175 243 42,525 Senior Associate $140 794 111,160 Associate $125 1,110 138,750 Designer $115 1,153 132,595 Technical $140 500 70,000 Note: and services. Actual hours may be different annually. Hour projection are based on assumptions for scope, schedule than these projections. Hourly rates will be reviewed and adjusted Total GGN Labor Cost: $557,180 Subconsultants Total Fee Graham Baba Architects $107,000 Magnusson Klemencic Associates $136,000 MA Wright, LLC $46,800 Routh Engineering $24,0001 CMS Fountain Consultants $58,500 DCW Cost Management $17,400 Niteo $52,000 Conley Engineering $80,500 Total Subconsultants: Total Direct Reimbursables (Expenses): $30,651 Total Project : $1,110,031.00 Notes: Fees are based on the scope of work and schedule as listed in Exhibit A. Should the terms of Exhibit A change, additional services may be required, and will be negotiated with the City. Fees and/or expenses for Geo -Technical Engineer and Physical/Topographical survey and testeing are not included. Expenses are based on assumptions for travel, printing, couriers and other project related costs. Additional expense budget allocations may be required should the expenses be greater than anticipated. EXHIBIT C Yakima Central Plaza - Phase 1 Schedule of Rates GUSTAFSON GUTHRIE NICHOL Job Title or Category Hourly Rate Founding Principal $275 - $300 Principal $195 - $225 Senior Associate $150 - $175 Associate $125 - $150 Technical $120 - $150 Designer $75 - $125 GUSTAFSON GUTHRIE NICHOL Yakima Central Plaza GGN Team Fees - SD/30%, DD/60%, CD/100% • Note: o Fees are based on the scope of work and schedule as listed in Exhibit A. Should the terms of Exhibit A change (most significantly scope additions and/or schedule extensions) additional services may be required, and will be negotiated with the CITY. o Fees are based on an (assumed) $11,500,000 budget for construction costs. Should the budget increase, fees will be re-evaluated to ensure they are equitable to the CONSULTANT and CITY. o Fees and/or expenses for Geo -Technical Engineer or Physical/Topographic survey and testing are not included. GGN Team 1 i'• , PD/611a .ours - DD/60% )j'ours -_CCS/100 , Hots Phase Project Management $37,600.50 300 $47,457.00 380 $76,810.50 $254,322.50 615 2212 Base Services $125,335.00 1090 $158,190.00 1376 Meetings/Presentations $37,600.50 300 $47,457.00 380 $78,523.00 630 Deliverables $50,134.00 401 $63,276.00 506 $102,414.00 820 $115.00 282.00 341.00 530.00 David Nelson Technical $140.00 Phase =Mit . D/6O CD/100 Discipline Fee, *Expenses Fee *Expenses Fee *Expenses Landscape Architecture $128,520.00 $6,450.00 $157,080.00 $3,950.00 $271,320.00 $6,785.00 Architecture $30,250.00 $1,525.00 $33,750.00 $1,685.00 $43,000.00 $2,150.00 Civil Engineering $25,500.00 $300.00 $42,500.00 $300.00 $68,000.00 $300.00 Electric Engineering $15,500.00 $250.00 $23,250.00 $450.00 $41,750.00 $450.00 Mechanical Engineering $5,000.00 $250.00 $7,000.00 $350.00 $12,000.00 $400.00 Structural Engineering $11,700.00 $750.00 $11,700.00 $750.00 $23,400.00 $750.00 Lighting Design $14,000.00 $750.00 $16,000.00 $750.00 $22,000.00 $750.00 Cost Estimator $7,200.00 $125.00 $5,100.00 $125.00 $5,100.00 $125.00 Water Feature $13,000.00 $150.00 $20,000.00 $150.00 $25,500.00 $150.00 *Expenses are based on assumptions for travel, printing, couriers, and other project related costs. Additional expense budget allocations may be required should the expenses be greater than anticipated. Hour projections for GGN Staff - 5D/30%. DD/60%. CD/100% • Note: Hour projections are based on assumptions for scope, schedule, and services. Actual hours may be different from these projections. Hourly rates will be reviewed and adjusted annually. ras_LSLaff Titletours - SD/301 .ours - DD/60% )j'ours -_CCS/100 , Kathryn Gustafson Founding Principal $275.00 88.00 88.00 50.00 Bernie Alonzo Principal $175.00 44.00 44.00 155.00 Tess Schiavone Senior Associate $140.00 184.00 224.00 386.00 Kara Weaver Associate $125.00 308.00 314.00 488.00 Jordon Bell Designer $115.00 282.00 341.00 530.00 David Nelson Technical $140.00 0.00 112.00 388.00 t E. L.. 00679 639730132 932 9"GP'� STATT 'RE, 'NA Cs a 110 5,4 3r ' f7t)7r1E. 2.1.2 WA, 07701270Aid, DC 00007 GUSTAFSON GUTHRIE NICHOL GGN Team Fees - Bid and Construction Administration (CA) n Note: p Fees for Bid + CA will be triggered once the CITY approves the project budget and commences the bidding process. p Fees for Geo -Technical Engineer or Physical/Topographic survey and testing are not included. p Fees are based on an (assumed) $11,500,000 budget for construction costs. Should the budget increase, fees will be re-evaluated to ensure they are equitable to the CONSULTANT and CITY. p Fees are based on the scope of work and schedule as listed in Exhibit A. Should the terms of Exhibit A change (most significantly scope additions and/or schedule extensions) additional services may be required, and will be negotiated with the CITY. Phase Discipline did CA Fee *Expenses Landscape Architecture $157,080.00 $10,799.25 Architecture $62,500.00 $34,000.00 $3,125.00 $900.00 Civil Engineering Electric Engineering $30,000.00 $350.00 Mechanical Engineering $3,500.00 $175.00 Structural Engineering $29,640.00 $750.00 Lighting Design $14,000.00 $750.00 Cost Estimator $0.00 $0.00 Water Feature $20,000.00 $3,000.00 *Expenses are based on assumptions for travel, printing, couriers, and other project related costs. Additional expense budget allocations may be required should the expenses be greater than anticipated. Page 2 of 2 Distributed at the. Meeting j-11.1-'f/L( To the editor: The Barge -Chestnut Neighborhood Association would like to thank our City leaders for taking a proactive approach toward the development of a downtown plaza. The comments voiced at the public meetings regarding the plaza's design and development were overwhelmingly positive. The City of Yakima has the chance to capitalize on this remarkable opportunity to re -vision and re-create what the heart of our downtown will look like. The creative solutions proposed by Kathryn Gustafson and her design team, along with the recommendations contained in the parallel parking study, addressed all of the significant concerns voiced about the plaza's development. Raising the funds to build the plaza will require significant effort. However, given the multiple benefits our community will accrue as a result of the plaza (increased tourism, downtown economic development, intra -community connections at special events), I am certain that business leaders and community groups like our association will be eager to assist the City in achieving this goal. We appreciate the leadership shown to bring the plaza another step closer to becoming a reality. Walt Ranta President, Barge -Chestnut Neighborhood Association 5 South 32nd Ave. Yakima, WA 98902 509-452-6897 Distributed at the Meeting 7-I / f Plaza comments received (cut and paste from original email message) 3/31/2015 Sender: Karen Merola Krueger Email: orchardinn(a�aol.com Subject: Downtown Plaza Message: I support the concept of a downtown plaza in Yakima. Rather than being detrimental to current parking, this is an opportunity to address, and develop, a comprehensive city-wide parking plan. People who cannot 'walk the distance' from new parking locations, do not 'walk the distance' from Millennium Plaza as it now currently exists. They are dropped off in front of the theatres or restaurants. A central core, a gathering place, the 'heart' of a city, is crucial for residents and visitors alike. Community connections, strength, vitality do not flourish from inside these isolated conveyances we call cars. Community happens when people interact with each other. Vibrant, economically and socially successful cities are places where people walk, connect with each other, support local businesses. The antithesis of this concept is a drive-through, fast food chain restaurant on a prime, downtown corner. Without a plan, a vision, the horse got out of the barn on that one. The Downtown Plaza plan is a chance to 'do it right' In general, people are reluctant to make changes. Some have to be dragged, kicking and screaming But leaders who are willing to step up to these challenges, are the ones who have the fortitude to withstand the criticism and dislike of those who hate change - any kind of change. After our 10 years here, in the tourism and hospitality business, Yakima finally has a chance to make a vibrant change in the downtown core. Maybe then, we can stop sheepishly offering meager explanations to our guests as to why there are so many empty spaces downtown, or why many locally -owned restaurants are closed on Sundays, fen on 3 -day holiday weekends. Yakima has dedicated people here working in the tourism industry who work very hard to promote the city, the entire Valley, the conventions, sports events, the natural beauty of the Valley, wine tourism, outdoor adventure, agriculture, and those '300 days of sunshine'. Let's infuse some energy, creativity, and economic growth into downtown Yakima. What's the alternative? Arrive in your cars, walk the shortest distance possible, and scurry back into your cars. How does that vision compare to a vibrant, downtown, gathering space? Thank you for the opportunity to add my comments to the debate. Sender: Lonnie Davis Email: Lonnie.davisprodigy.net Subject: Downtown Plaza Message. I send this message as an owner of a downtown business which is Russillos Pizza and Gelato. There is no question about if there should be a downtown plaza in Yakima. It is how soon can it be done. Any way to get more people to the downtown area is a must in Yakima. And I am for the project 100°/x. Tony O'Rourke has done a good job of going forward with the project. Most of the people against it seem to be he same people all the time and they state the same thing every time. Please go forward and get the project underway Sender: Jackie Jones Email. jacquelinegracejones(a�gmail.com Subject: Approve Plaza Engineering! Message. As our elected officials, we are counting on you to move the downtown plaza project forward. While there has been controversy, we know that the benefits of this project will provide far outweigh any negatives. As you know, funds have already been allocated to approve the engineering for the plaza and that money should be spent as intended. The creation of this plaza will offer so many wonderful things; a "heart" to downtown which right now spits visitors out on either end without offering them reason or cause to pause and enjoy the shops and restaurants we have to offer, a place to relax sit and play, a break from concrete, and a public gathering space. Downtown needs this desperately. This city is rapidly changing, trying to become what so many community members believe it can. If the structure around it doesn't change with us, Yakima will become a more divided population and conversation, confusing for visitors and only perpetuating the negative talk that already surrounds us. As evidenced by the increase in sales tax revenues in the downtown core, investment in our downtown does pay off. Having a world-class gathering place is something our community deserves, and will be proud of for generations to come I support the plaza as an economic development driver for our community. Say "yes" to Yakima's future—please continue make the downtown master plan a reality. Sender. Rocio & Steven Email: rocio.petersen.ms@gmail.com Subject: Downtown Plaza Message: We wanted to write to give our strong support in favor of a new downtown Yakima plaza. Sender: Gay Dorsey Email. gaydoo@yahoo.com Subject: Yes to the plaza! Message. Yes! We need a plaza. No one ever says "it's a beautiful city! It has parking lots!" Every great and beautiful city I've visited has wonderful green outdoor spaces where people gather. Yakima needs theirs Sender: Joe Morrier Jr. Email. iosephmorrier(cr�mac.com Subject: Plaza Message: this project is a Once in a lifetime opportunity to change the perception of our Downtown! Travel to any Urban area in this country, and you will find the same environment about urban decay and parking. Thankfully we are doing better then most communities. With all the competing city fighting for tourism dollars this is also a economy question.. This plaza will keep eye on eyes that will at least keep conventions and agriculture tourism in town. Every market in the Northwest are revitalizing there Urban core! I love Yakima and I Love our downtown. My family will never give up on energizing this urban area, and I support the plaza... By creating this place called Plaza Yakima or what ever the name is, this open energy plaza will game change our face of yakima for the Valley. Let's showcase our city like Napa,Walla Walla, Santa Rosa,and tuscany. Yakim! a is a World Class City Lets move forward with this project. Viva Yakima Kids and events with family fun well become the new anchor for our region. Looking forward to the future now or never! 3/30/2015 Sender Amy Stoothoff Email: amystoothoffgmail.com Subject: Downtown plaza engineering plans Message. As a long time resident of Yakima, I'm excited to see the city working hard to revitalize the downtown area. I think the plaza will be a wonderful addition to our community. Please vote to approve the engineering plans for the Downtown plaza 3/26/2015 Sender: Natalie Martinkus Email: natb02(gmail.com Subject: Approve the Plaza Engineering on April 7 Message: As our elected officials, we are counting on you to move the downtown plaza project forward. While there has been controversy, we know that the benefits of this project will provide far outweigh any negatives. As you know, funds have already been allocated to approve the engineering for the plaza and that money should be spent as intended As evidenced by the increase in sales tax revenues in the downtown core, investment in our downtown does pay off. Having a world-class gathering place is something our community deserves, and will be proud of for generations to come. Having a thriving downtown will bring pride back to Yakima, and will be a gem to all that come to visit. I can't wait for he day I can take my children to the splash pad in the plaza to play with ALL the children of Yakima, regardless of race or economic class. A common area that the whole town shares will unite Yakima and weave us all a little closer together. I support the plaza as an economic development driver for our community. Say "yes" to Yakima's future—please continue make the downtown master plan a reality. Sender: Betsy Bloomfield Email: betsy1110(a�icloud.com Subject: Please say "yes" to Plaza! Message. my family is counting the days until we can enjoy the many values the plaza will bring to our City- please, please support the next step of the design process to get this transformative vision accomplished. With gratitude for the hard work you do on our behalf- Betsy Bloomfield, City resident. 3/21/2015 Sender: Chris Falk Email: chrisfalk©washfruit.com Subject: Downtown Plaza Support Message: I'm writing to support the development of the Downtown Plaza. My view is that it will be good for downtown business, growth and the image of our city. I admit I was against the idea when it was 1st proposed due to parking questions, security/crime concerns, cost, etc. However I've come to believe that the potential positives outweigh the negatives. It's time for Yakima to do something about the downtown core and I have not heard any other viable ideas or plans to date. There will of course always be people for and against significant development and "change" such as this but I hope the council opts to do what it can to push forward with the plaza in coming months. Sender: Joel Pearson Email: Joel.pearson@chcw.org Subject: Downtown Plaza Message: I'm relatively new to town, but am optimistic about the improving status of downtown. I recently saw info online about the proposed Plaza and was thrilled! If there is anything I can do to help the Plaza move ahead, please tell me. 3/13/2015 Sender: Amy McKinney Email: amymckinney4(c�gmail.com Subject: Promoting plaza Message. I am relieved to have read a mainly positive article in today's paper on plaza proposal and noting in several sections quotes from Sean Hawkins and the Parking Committee review that said we do not have a parking problem in Yakima Please, PLEASE move ahead with the courageous and necessary decision to make our downtown grow and welcome people from everywhere. Vibrent towns and cities have parking and people learn to make plans to park near enough or else walk, it's a necessary result of a busy town. Also, the point made of not feeling as if we need to park at the door of the store we visit is so true- c'mon Council, growth, energy, businesses, events, community centered ambitious ideas need to be poured into our city and supported, we love Yakima and want to see continued growth! Price, CaIIy From:' Larry Hull <larry@megalodonllc.net> Sent Monday, April 06, 2015 5:47 PM To: City Council Subject: FW Submitted copy of Letter to the Editor - Yakima Herald Republic Dear City Council Members: I wanted to e-mail you my position on the Downtown Plaza proposal that I sent as a Letter to the Editor in the Yakima Herald (see below) before your meeting tomorrow night. In short, I support the Plaza proposal. Please approve the design funding. Thank you, Larry Hull From: webmaster@yakimaherald.com [mailto:webmaster@yakimaherald.com] Sent: Monday, April 06, 2015 5:37 PM To: Larry Hull Subject: Letter to the Editor Thank you for your YakimaHerald.com submission. Here is a copy of the information you sent. Letter to the Editor Name: Larry D. Hull Email: larry(imealodonllc.net Phone: (509) 453-8161wk; (509) 930-3970ce11 City: Yakima Submission Headline: Twisted Facts - I support the Plaza Submission Body: I have been surprised at letters to the editor that imply most business/property owners who reside in the heart of the downtown, are against the Plaza proposal. Although I cannot speak for the others, to date none of the people who wrote those letters have ever spoken to me or my staff regarding our position. This is curious since my company owns the Larson Building as well as other downtown properties. Since the new plaza could have a dramatic effect upon our downtown properties we thoroughly vetted the proposal and completely support the project. While we realize that some may not share our view, we believe that the good for the entire community should outweigh any personal inconveniences. When you live in Yakima for a while you need to become accustomed to the "sky is falling" attitude. Remember the Sun Dome, the Convention Center, even the new medical school all had people saying that we didn't need it or what a waste of money destined to failure. A.E Larson even wrote a newspaper article in 1931 defending why he built the Larson Building during the Great Depression. Let's support the plaza for the greater good for generations to come! Larry D. Hull 4606 Scenic Drive Yakima, WA 98908 1 Dear Yakima City Council Members, I am writing to offer my perspective on the Plaza Project. A little background: I did not grow up here, in Yakima. My husband's family, however, has considered the Yakima Valley home for three generations. The oldest generation, protests to the plaza only for the perceived parking issues. We, in or mid -fifties, see a future and a pride issue with a centric park, green space, and gathering area in the heart of Yakima. Our children's generation sees it as a reason to come here at all. We previously lived in Wenatchee and witnessed the resistance to the Pybus Market project, and then the incredibly wonderful coming together of a previously non- social, very introverted community. Yakima is anything but non-social and introverted - I can only imagine the results a community center would have here! It was recently my pleasure to witness the results of bringing a group of 70+ women into our downtown for a weekend and showing them what Yakima has to offer. It was The Junior League of Yakima's turn to host the annual Northwest Exchange regional conference. This event draws women from all over our region to one city for three days of meetings and a chance to showcase that city. We had women from as far away as Calgary, Utah, Montana, Idaho and Oregon. We also had the six Junior Leagues from Washington State in attendance. As Sustainer Chair of The Junior League of Yakima, I helped organize a hospitality tour of our city. We provided the women with a map and a walking tour of Yakima (YES! Walking!!! None of them even thought about their cars all weekend). They began on Saturday night from the Hilton, walked through Stems, Ummalina, Windows Alive Art Exhibit, to Front Street for special shopping hours at Garden Dance, AntoLin Cellars, Garden Girl, Gilbert Cellars, Yakima Craft Brewery, The Larson Building, Kana Winery, Cowiche Canyon Kitchen, and The Sport Center. As the crowd grew, they could be heard chanting: "We Love Yakima!!!" It was an exciting experiment in what can happen when 70+ people aged 25 through 45 are set loose in our city and shown what we have to offer. Then came Sunday. There was no focus, no businesses open, and no restaurants. Had there been a plaza, a green space, water features, activity, people enjoying their own city... We have a void waiting to be filled, the final piece in the puzzle. Please help fill this space; please help Yakima move into the next generation. Please, vote yes on the Plaza. Thank you for your time. Sincerely, Sarah Kennedy Morgan March 25, 2015 Yakima Valley Tourism 10 North 81° Street Yakima, WA 98901 T: 509-575-3010 F: 509-575-6252 800-221-0751 www.yakimavalleytourism.com Mayor Micah Cawley City Council City of Yakima 129 N. 2nd Street Yakima, WA 98901 Honorable Mayor and Council: On behalf of the Board of Yakima Valley Tourism, we are proud to endorse and support the Yakima Downtown Plaza and stand ready to assist with its development. We believe the plan has vision and is what the community needs to thrive and grow. A vibrant downtown is not only important for our residents, but also the thousands of visitors who come to the region each year. A healthy downtown is also important for the success of the Yakima Convention Center. When selecting event venues, meeting planners seek a vibrant, thriving destination for their delegates. This Plaza will help us in our efforts to attract and serve conventions and groups while improving the quality of life for our residents. Naturally there are many issues to work out. We believe those items are well addressed in the plan. The consultants who have devised the Plaza have an extensive history and knowledge of what works for downtown redevelopment. We believe the Plaza is what Yakima needs to grow and succeed. We hope you agree too and fully support the Plaza and keep it advancing through its process. Sincerely, t,wh - ennifer Iiesner Chair of the Board March 23, 2015 Yakima City Council 129 North 2nd Street Yakima, WA 98901 Re: Vote to Support the Plaza To the City Council, This letter speaks in favor of support for the downtown Plaza. RECEIVED CITY OF YAKIMA MAR 2 3 2015 OFFICE OF CITY COUNCIL Many good ideas sit on shelves in many municipalities. The Plaza project will clearly benefit the greater good of Yakima and our surrounding communities. The time is now, momentum is at hand and a very good idea is presented by the Plaza. It is important to also note that we are competing with many communities whose public/ private cooperation and show of community pride has lead to destinations that entice both the tourist trade as well as the local population; Walla is one clear example. We need to show pride in what we have! Please exercise your leadership capabilities and continue to support further development of the Plaza. Thank you, ek/Q--- arbara Cline 1460 North 16th Avenue, Suite A Yakima, WA 98902