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HomeMy WebLinkAboutR-2026-061 amend prof svcs agmt w BERK Consulting_periodic update, climate resilience element, transp planRESOLUTION NO. R-2026-061 A RESOLUTION authorizing the City Manager to execute an amendment to the Professional Services Agreement with BERK Consulting to facilitate and assist in the state mandated update of the City's Comprehensive Plan Periodic Update, including Climate Resiliency in compliance with the Growth Management Act. WHEREAS, the City of Yakima is undergoing its state -mandated update to its Comprehensive Plan (RCW 36.70A.130), which was last updated in 2016 with the planning horizon of 2040; and WHEREAS, the state -mandated update plans for a 2050 horizon, and includes public participation requirements, compliance criteria, and environmental review; and WHEREAS, the City of Yakima has received Department of Commerce grant funding in the amount of $492,500 to facilitate this work; and, WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to amend the contract with BERK Consulting to update the City's Comprehensive Plan Periodic Update, including Climate Resiliency, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an amendment to the Professional Services Agreement with BERK Consulting Inc., attached hereto and incorporated herein by this reference, not to exceed Four Hundred Ninety -Two Thousand Five Hundred Dollars ($492,500) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 5th day of May, 2026. att Brown, Mayor AMENDMENT TO AGREEMENT Between CITY OF YAKIMA And BERK CONSULTING INC. FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into by and between BERK CONSULTING INC. ("CONSULTANT"), and THE CITY OF YAKIMA, a Washington municipal corporation ("CITY"). WHEREAS, on or about December 10, 2024, CONSULTANT and the CITY entered into an Agreement wherein CONSULTANT agreed to provide professional services to the CITY associated with updating the City's Comprehensive Plan, developing a Climate Resilience Element for the Comprehensive Plan, and updating the Transportation Plan, under City Contract No. 2024-222 ("Agreement"); and WHEREAS, additional work is necessary to develop the Comprehensive Plan, which must be added to the Agreement, along with an increase in cost to the City, which is paid for through a grant from the State of Washington; and WHEREAS, it has been determined by both parties that the Agreement should be amended to add work and costs to the original Agreement, and the City Council finds it is in the best interest of the City to amend the Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the CITY and CONSULTANT as follows: Section 1: Subsection 6.2 of the attached and incorporated Agreement is amended to read as follows: 6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Four Hundred Ninety -Two Thousand Four Hundred Eight -Five and 00/100ths Dollars ($492,485.00). The CONSULTANT shall make all reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the CITY was informed in writing at the time such costs were incurred. Section 2: Exhibit A, Scope of Work, shall be amended to include the attached City of Yakima 2050 Comprehensive Plan Update: Scope of Work (BERK) Amendment 1. Amendment 1 supplements the Scope of Work in the original Agreement. Section 3: Except as expressly modified herein, all other terms and conditions of the attached Agreement and its amendments shall remain in full force and effect. Section 4: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Amendment is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this Amendment. CITY OF Y Victia Baker, City Mar(`ager CITY CCNTF2.ACT NO: 11 cK,P3 RES3L.UTIGN NO: R-2-024-©(01 BERK CO SU TING INC— By: Alieg Date: al er, Principal May 5, 2026 Amendment 1 May 5, 2026 T Expanded Tasks The City of Yakima reached the 1 00,000 population threshold this year and became eligible for additional Periodic Update Grant from the Department of Commerce. The City anticipates approximately $85,000 additional grant. This additional budget will enhance current tasks in the contract. We will include additional work related to Housing, Land Use, other Comprehensive Plan. Elements, and Development Regulations. Additional scope under each task of the existing contract is described as follows: Task 2 Plan Audit: The additional funds will include additional Critical Areas and Climate audit to enhance the foundational work for the Climate Element and Development Regulations at a later phase. This would include a detailed audit of all the elements of the Comprehensive Plan and preparing a Climate Element policy review matrix based on the new climate guidelines from Commerce, which indicates preparation of a supportive matrix when climate resilience policies are spread across multiple elements. Task 4 Update Transportation Elements: Focus on transportation MMLOS standards, needs evaluation and capital projects and priorities. Additional work includes a detailed review of the transportation MMLOS standards and inclusion of a financing approach for the City's priority capital projects. Task 5 Update Land Use and Housing Elements: Under Housing analysis, analyze land capacity for housing development by income level for up to two alternative zoning scenarios. Work with the City to select one alternative for compliance with HB 1 220. Additional work includes a detailed racially disparate impacts (RDI) analysis per HB 1 220, additional updates to the land use map upon the city review, and virtual presentation of the state required and complex housing requirements to the Planning Commission. This also includes a second round of City review and consultant team update of these elements. 1 1 Task 6 Draft Comprehensive Plan: This will include additional analysis for Economic Development, Capital Facilities, Utilities, and Natural Environment. The base scope included minimal update to Economic Development, Capital Facilities, Utilities, and Natural Environment elements. With the amendment, these elements will be updated with additional analysis such as economic data, financing and the most recent budget information. Task 7 Development Regulations: We will focus on creating housing related development regulations for compliance, such as, HB 1 1 1© (middle housing) and HB 1137 (ADU) and new legislations. Our work of critical areas regulation will also be enhanced. Additional work includes discussion, evaluation and crafting specific code language for the City to adopt as required under the new State laws, such as HB 1 337 (ADU), SB 5258 (unit lot subdivision), SB 6015 (parking standards), SB 5184 (Parking reform), HB 1998 (co -living), SB 541 2 (SEPA infill exemption), HB 1 576 (Historic landmark designation). For Middle Housing, we will expand findings from the memo scoped to be prepared under this task. Based on our code review and findings, we will establish a series of recommendations for Yakima as a tier 1 city (population more than 75,000) City staff to review. We will evaluate Commerce's guidelines on ADUs and update your code accordingly such as size, locations, number of ADUs allowed on each lot, etc. We will present, or support staff to present the regulations to the Planning Commission, gather input and update accordingly. Task 8 Finalize the Comprehensive Plan, SEPA and Adoption: Include research on SEPA checklist and one virtual workshop with the Planning Commission on the development regulations. Additional work will include a second round review and update of the SEPA checklist. We will also attend two virtual presentations, one with the Planning Commission and one with the City Council. nctss€e by fa r Task 2: Plan Audit & Existing Conditions Task 3: Develop a New Climate Resilience Element Task 5: Update Land Use and Housing dements Task 6: Draft Comprehensive Plan Task 7: Development Regulations Task 8: Finalize the Comprehensive Flan, S ID $4,230 S16,680 S17,610 Si 4,860 $9,105 $66,665. 5, 2C726 Client 1 Project Nome 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of: May 5, 2026 ITEM TITLE: Resolution amending a professional services agreement with BERK Consulting Inc. for the City of Yakima's Periodic Update, Climate Resilience Element, and Transportation Plan Update, to include additional funding (General Fund) SUBMITTED BY: Bill Preston, Community Development Director *Trevor Martin, Planning Manager SUMMARY EXPLANATION: In 2024, the City of Yakima was awarded two planning grants by the Washington State Department of Commence to update the Comprehensive Plan, create a state mandated Climate Resilience Element, and update the Transportation Plan. City Council authorized the City Manager to enter into contract agreements with the Department of Commerce (Resolution No. R-2024-185 and -186) to receive the funding and enter into an agreement with BERK Consulting Inc. (R-2024-223) to assist the City in completing these tasks. An amendment to the original contract with BERK Consulting Inc. is necessary to complete the work identified in the grants. This amendment will increase the agreement by $66,680 bringing the total agreement amount to $429,500. This agreement is 100% funded with the Department of Commerce grants. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. •i.- - f. ji : '� i; i. • ice:.: ii:.: - ii... 82