HomeMy WebLinkAboutR-2005-122 Shockey Brent, Inc. AgreementRESOLUTION NO. R-2005-122
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
consulting services agreement with Shockey Brent, Inc., to assist
with the environmental review process with regard to the 2006
Yakima Urban Area Comprehensive Plan update.
WHEREAS, the City of Yakima requires consulting services to assist with the
environmental review process regarding the 2006 Yakima Urban Area Comprehensive
Plan update; and
WHEREAS, Shockey Brent, Inc., represents that it has the expertise necessary
and is willing to perform the consulting services required by the City in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of the attached agreement with Shockey Brent, Inc., to
assist with the environmental review process regarding the 2006 Yakima Urban Area
Comprehensive Plan update, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated consulting services agreement with Shockey
Brent, Inc., to assist with the environmental review process regarding the 2006 Yakima
Urban Area Comprehensive Plan update.
ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2003.
ATTEST:
City Clerk
e_ rni
SHOCKEYJI REN RENT, 1NC.
Land Use Environmental Analysis Permitting Public Policy
2716 Colby Avenue, Everett, WA 98201 425.258.9308 fax: 425.259.4448 shockeybrent@shockeybrent.com
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this 47 day of 2005, between the
City of Yakima, Washington, hereinafter referred to as CLIENT, and SHOCKEY/BRENT,
Inc., 2716 Colby Avenue, Everett, Washington 98201, hereinafter referred to as
CONSULTANT.
CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as
follows:
I. OBJECTIVES
The CLIENT is updating its comprehensive plan in compliance with the Washington Growth
Management Act (GMA). The updated plan must be completed and submitted to the State no
later than December 2006. A program to complete this update is currently underway by the
Yakima Department of Community and Economic Development.
The City's 1997 Comprehensive Plan is an integrated SEPA/GMA document. It is the intent
of the CLIENT to have the Plan update presented as an integrated document as well. The
State has developed guidelines for such documents including the GMA Handbook and
DC 1'ED Technical Bulletin 1.2. There are also examples of integrated documents prepared
more recently by jurisdictions planning under GMA.
It is the objective of the CLIENT to complete an integrated SEPA/GMA comprehensive plan
update by December 2006 in accordance with GMA guidelines. CLIENT is retaining the
services of the CONSULTANT to oversee this effort to ensure the guidelines for an
integrated document are achieved. CONSULTANT will serve in a support role for those
who are preparing other elements of the comprehensive plan.
II. SCOPE OF SERVICES
The CONSULTANT agrees to perform certain consulting, planning studies, and/or advisory
services for the CLIENT. These tasks are outlined in Attachment A to this Agreement,
which is incorporated herein by this reference.
Consultant Agreement 1 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
The scope as outlined does not include services related to development of the UACP update,
per se, and is intended to provide services related to compliance with SEPA/GMA Integration
requirements.
III. PAYMENT
CLIENT agrees to pay CONSULTANT as compensation for these services hourly rates in
accordance with the Fee Schedule (plus direct expenses in accordance with the schedule) that
is attached hereto as Attachment B and incorporated herein by this reference.
The total fees and expenses for services described in the Scope of Work are estimated to be
$50,000. Phase 1 is estimated to total $5,000. Phase 2 is estimated to total $45,000
contingent on funding in that amount from the Washington Department of Community Trade
and Economic Development (DCTED).
Actual fees could exceed this estimate depending on the nature and complexity of issues
which may arise during the planning process. The budget will be reviewed upon completion
of each task and adjusted accordingly for future tasks.
IV. RETAINER
Retainer is waived for CLIENT.
V. STANDARD PROVISIONS
The Standard Provisions are attached hereto as Attachment C and are incorporated herein by
this reference.
V. AUTHORIZED SIGNATORS
SHOCKEY/BRENT, INC.
SHOCKY/BRENT, INC.
By: By:
Reid H. Shockey, AICP, Presid t La' it
Date: i 3/te Date
City of Yakima
By:,.
Dick Zais, City Manager
Date: ?-q-os
CITY CONTRAGr O;
g0
RESOLUTION
RESOLUTION NO:"i'2.°C'
Consultant Agreement 2
City of Yakima
S. Br nt, AICP, Vice President
V 3
Comprehensive Plan Update
SEPA/GMA Integration
Attachment A
City of Yakima
Urban Area Comprehensive Plan
Scope of Work
ShockeyBrent, Inc.
Phase I:
A. Resolution
1. Reach understanding with Yakima County on the relationship of its update
process with that of the City.
2. Confirm with DCTED the format for scoping notification
a. Obtain notification packets from counties currently in process:
• Clallam • Pierce
• Clark • Snohomish
• Jefferson • Thurston
• King • Whatcom
• Kitsap • Island
• San Juan ■ Skagit
• Mason • Lewis
b. Develop resolution framework for internal review and approval
c. Confirm format and framework with DCTED
Work Product: Draft resolution, with areas needing review and decision by the
City
Delivery Date: August 20, 2005
Budget: $2,500
B. Establish A Public Participation Program That Identifies Procedures And
Schedules For The Review, Evaluation, And Possible Revision Process
1. Develop schedule for RPC and Council review and adoption of UACP update,
including SEPA
2. Coordinate schedule development with Yakima County
3. Assess future public participation needs based on status of current efforts,
controversies and likely update topics
4. Hold individual meetings with key stakeholders with interest in topics to be
reviewed or updated
Work Product: Memorandum detailing results of stakeholder contacts and
implications for issue paper
Delivery Date: September 12, 2005
Budget: $2,500
Consultant Agreement 3 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
Phase 2:
A. Review Of Relevant Plans And Regulations
1. Review new regulations, Best Available Science, GMHB decisions, court
decisions, changed circumstances, past docket requests and recent public
workshops.
2. Develop white paper on status of UACP based on the above items.
a. What sections need updating?
b. What information is currently available?
c. What additional information is necessary?
d. What resources are necessary to get the information?
e. What is the prioritization?
3. Convene a workshop of City Staff, RPC representatives and Council
representatives for a detailed review of each UACP section.
a. Review white paper.
b. Decisions on which areas will be updated and which areas remain current and
relevant.
c. Agreement on Departmental assignments to ensure timely development of
draft sections
d. Confirm schedule.
Work Product: White paper outlining preliminary issues analysis
Facilitated Staff workshop
Issue paper outlining key issues, update topics and outreach
strategy to document those issues and topics.
Agreement on Departmental assignments.
Updated schedule for comprehensive plan update.
Delivery Date: October 15, 2005
Budget: $6500
B. Adoption of Resolution
1. Review draft resolution with DC'1'ED
2. Adoption by City Council
3. Execute
Work Product: Draft and Final Council Resolutions, with program objectives,
work products and schedule.
Delivery Date: October 4, 2005 (City Council Adoption)
Budget: $3,500
C. SEPA Integration
1. Develop annotated format for UACP that includes elements of SEPA/GMA
integration based on Section 7.1 of SEPA Handbook , CTED Memorandum 2.1
and Council resolution.
a. Each policy and objectives section to contain cross references to SEPA goals
and processes
Consultant Agreement 4 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
b. Implementation sections to include discussion of future SEPA analysis
required
c. Discussion of Planned Action elements of Plan
d. Discussion of how future project reviews will be used for future updates of
the Plan.
e. Format confirmed by DCTED and Yakima legal staff
2. Integrate SEPA schedule with UACP update schedule
3. Prepare SEPA documents in a timely and integrated manner to ensure timely
adoption of update by December 1, 2006.
Work Product: SEPA and GMA-compliant Intergrated Comprehensive Plan
Successfully concluded SEPA review process
Draft Plan submittal to DCFED 60 days in advance of City
adoption
Delivery Date: October 4, 2006 (Draft UACP to DCTED)
December 12, 2006 (City Council Adoption)
Budget: $35,000
Consultant Agreement 5 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
Attachment B
SCHEDULE OF 2005
PROFESSIONAL SERVICE FEES
SERVICES
CLASSIFICATION HOURLY RATE
Managing Principal $155.00
Senior Associate $130.00
Senior Planner $95.00
Wetland Scientist $95.00
Environmental Planner $90.00
Planner $90.00
Design Planner $85.00
Associate Planner $70.00
Technical Support $65.00
Clerical $48.00
Expert Witness:
Consulting & Preparation Time Standard Hourly Rates
Court Proceedings & Depositions (4 -hour minimum) Rate x 1.5
EXPENSES
DIRECT EXPENSES ITEM RATE
Single Page Copies No Charge
Bulk Copies $ .15 per page
Mileage $ .37 per mile
FAX Copies $ .32 per page
Authorized Subconsultants Cost plus 10%
Outside Services (printing, etc.) Cost plus 10%
CADD Station $10.00 per hour
Plan Sheet Prints $1.50 each
Final Plotting Fee $30.00 per sheet
Living & Travel Expenses (outside of service area) Cost plus 10%
Consultant Agreement 6 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
Attachment C
Standard Provisions
CLIENT and CONSULTANT also agree to the following standard provisions:
1. Signing this Agreement shall be construed as authorization by CLIENT for
CONSULTANT to proceed with the work, unless otherwise provided for in the
Agreement.
2. Either CLIENT or CONSULTANT may terminate this Agreement by giving 30 days
written notice to the other party. In such event, CLIENT shall forthwith pay
CONSULTANT in full for all work previously authorized and performed prior to the
effective date of termination. If no notice of termination is given, relationships and
obligations created by this Agreement shall be terminated upon completion of all
applicable requirements of this Agreement.
3. Monthly invoices will be issued by CONSULTANT for all work performed under the
terms of this Agreement. Invoices are due and payable upon receipt. For accounts which
are 30 or more days past -due, CLIENT agrees that CONSULTANT may, at
CONSULTANT's sole discretion, withhold plans, studies, reports and other work that has
been completed but not paid for until full payment is made.
4. Limit of Liability: Liability by CONSULTANT for any claims of negligence by CLIENT
shall be limited to the amount billed by and paid to the CONSULTANT.
Consultant Agreement 7 Comprehensive Plan Update
City of Yakima SEPA/GMA Integration
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. �S
For Meeting of August 2, 2005
Consideration of Resolutions authorizing amendments to professional
service agreements for technical planning services with Reid Shockey in
the preparation of the 2006 Comprehensive Plan and State -mandated
Review
SUBMITTED BY:
gleam R. Cook, Director, Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration
and Planning Division (575-6121)
SUMMARY EXPLANATION:
Over the last year, planning staff has been going through the review, meetings and
preparation to update the Yakima Urban Area Comprehensive Plan as mandated by
Washington State. The update must be completed, approved by City Council and
submitted to Washington State Department of Community Trade and Economic
Development (DCTED) by December 1, 2006, which is not far away. DCTED is fairly
adamant that these due dates must be respected and extensions will not be granted.
Thus the environmental review process, outreach process, Regional Planning
Commission (RPC) review and City Council adoption; the final review draft should be
completed by June 2006. Between now and then, staff must continue its community
workshops, identify those areas of the Plan requiring updating, perform the analysis
and draft proposed amendments accordingly. To ensure a defensive, integrated
SEPA/GMA document, the environmental analysis of these proposed amendments
must be done and adjustments made to the draft document. This will require on-going
communication with key groups and individuals participating in the planning process.
Continued on next page
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address):
Phone:
Funding Source Growth Mpnagement Fund Account - 140
APPROVED FOR SUBMITTAL: ; e:x _... ' City Manager
STAFF RECOMMENDATION: Pass resolution authorizing the environmental contract
and approve the motion to use Growth Management Fund Account_for this contract
and resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-122
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In the update process there is much more than simply writing new text. The
Yakima Urban Area Comprehensive Plan is required to go through the SEPA process.
State law provides for an integrated SEPA/GMA process.
The contract would be broken into two phases. Under Phase I, the scope of work
is estimated to total $5,000 and will allow us to get started on this lengthy process.
Phase II is estimated to total $45,000, which is contingent on funding in that amount
from Washington State Department of Community Trade and Economic Development.
We expect receipt of these State GMA planning funds by mid to late September 2005.
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