HomeMy WebLinkAboutR-2024-223 Resolution authorizing a professional services agreement with BERK Consulting Inc. for the City of Yakima's Periodic Update, Climate Resilience Element, and Transportation Plan Update RESOLUTION NO. R-2024-223
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with BERK Consulting to facilitate and assist in the state
mandated update of the City's Comprehensive Plan Periodic Update, 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. This update project will plan for a 2050 horizon, and includes public participation
requirements, compliance criteria, and environmental review; and
WHEREAS, the City of Yakima is seeking professional assistance to comply with the
GMA, and update its plan by the June 30, 2026 deadline; 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 facilitate
this project; and
WHEREAS, the team of BERK Consulting, The Transpo Group, Perteet, and Cascadia
Consulting Group, submitted a Statement of Qualifications (SOQs)verifying that they are qualified
to perform the work, and after an interview process BERK Consulting was determined to be the
most qualified of those that submitted SOQs; and
WHEREAS, the Scope of Work and Budget included in the Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project which consists
of Comprehensive Plan Audit, Public Outreach & Engagement, Element Updates & Revision,
GMA Compliance Review, Development Regulations Review, SEPA Environmental Review, and
Plan Adoption Support; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
engage BERK Consulting to facilitate and assist the City of Yakima in the Comprehensive Plan
Update project; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with BERK Consulting Inc., attached hereto and incorporated herein by this reference, not to
exceed Four Hundred and Twenty Six Thousand Dollars ($426,000) to provide the Professional
Services as described in the Agreement.
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ADOPTED BY THE CITY COUNCIL this 10th day of December, 2024.
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
BERK CONSULTING INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 3rd day of December, 2024, 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 BERK
Consulting Inc. with its principal office at 2200 Sixth Avenue, Suite 1000, Seattle, WA 98121,
(hereinafter referred to as "CONSULTANT"); said corporation being licensed and registered to do
business in the State of Washington, and will provide professional services associated with
updating the City's Comprehensive Plan, developing a Climate Resilience Element for the
for Comprehensive Plan, and updating the Transportation Plan, under this Agreement for
2050 Comprehensive Plan on behalf of the City of Yakima, Project No. 12446QP, herein referred
to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide planning services for
design and construction of the PROJECT, as described in this Agreement and subsequent
Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide
personnel with knowledge and experience necessary to satisfactorily accomplish the work within
the required time and that it has no conflicts of interest prohibited by law from entering into this
Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 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.
2.0.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and
shall assign, Ferdouse Oneza, AICP as Project Manager throughout the term of
this Agreement unless other personnel are approved by the CITY.
2.1 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.
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2.2 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 PROJECT WORK previously completed in a
satisfactory manner, delete portions of the PROJECT, or request that the CONSULTANT
perform additional WORK beyond the scope of the PROJECT WORK. Such changes
hereinafter shall be referred to as "Additional Services."
2.2.1 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 and accepted by the
parties hereto.
2.2.2 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 PROJECT WORK. The CONSULTANT shall not
perform any Additional Services until so authorized by CITY and agreed to by the
CONSULTANT in writing.
2.3 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 TERM
3.1 The term of this AGREEMENT shall be for the period of three (3) years from the date of
contract execution.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 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 PROJECT
including information on any pre-existing conditions known to the CITY that constitute
hazardous waste contamination on the PROJECT site as determined by an authorized
regulatory agency.
4.2 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 safety equipment as reasonably required by CONSULTANT for
such access.
4.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports,
sketches, drawings, specifications, 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 applicable to its profession.
4.4 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
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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.
4.5 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 professional 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 from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 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.
SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A, compensation shall utilize current contractor hourly rates.
Estimated rates identified in Exhibit C-Schedule of Specific Hourly Rates, attached hereto
and incorporated herein by this reference, on a time spent basis plus reimbursement for
direct non-salary expenses.
6.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for CONSULTANT'S vehicles; meals
and lodging; laboratory tests and analyses; printing, binding and reproduction
charges; all costs associated with other outside nonprofessional services and
facilities; special CITY-requested and PROJECT-related insurance and
performance warranty costs; and other similar costs. Reimbursement for Direct
Non-Salary Expenses will be on the basis of actual charges plus a reasonable
markup, not to exceed ten percent (10%), and on the basis of current rates when
furnished by CONSULTANT. Estimated Direct Non-Salary Expenses are shown
in Exhibit B.
6.1.1.1 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 PROJECT 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.
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• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 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.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
planning, engineering, architecture, geotechnical services and similar professional
services approved by the CITY. Reimbursement for Professional Subconsultants
will be on the basis of actual costs billed plus a reasonable markup, not to exceed
ten percent (10%) for services provided to the CITY through this Agreement.
Estimated Subconsultant costs are shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed four hundred twenty five thousand eight hundred and
eighty Dollars ($425,880). 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.
6.3 The CONSULTANT shall submit to the City's Representative an invoice each month for
payment for PROJECT services completed through the accounting cut-off day of the
previous month. Such invoices shall be for PROJECT 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, copies of subconsultant invoices, and any
other supporting materials and details determined necessary by the City 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 requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices,
interest on the unpaid balance shall accrue beginning with the sixty-first (61st) day at the
rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less;
provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when
before the date of timely payment a notice of dispute is issued in good faith by the CITY
to the CONSULTANT pursuant to the terms of RCW 39.76.020(4).
6.5 Final payment of any balance due the CONSULTANT for PROJECT services will be made
within forty-five (45) days after satisfactory completion of the services required by this
Agreement as evidenced by CITY's written acceptance and after such audit or verification
as CITY may deem necessary, together with CONSULTANT's execution and delivery of
a release of all known payment claims against CITY arising under or by virtue of this
Agreement, other than such payment claims, if any, as may be specifically exempted by
the CONSULTANT from the operation of the release in stated amounts to be set forth
therein.
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6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release
by CITY of any claims, right, or remedy it may have against the CONSULTANT under this
Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge
by CITY of any failure or fault of the CONSULTANT to satisfactorily perform the PROJECT
WORK as required under this Agreement.
SECTION 7 RESPONSIBILITY OF CONSULTANT
7.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy
and accuracy, timely completion, and the coordination of all plans, designs, drawings,
specifications, reports, and other services furnished by the CONSULTANT under this
Agreement. The CONSULTANT shall, without additional compensation, correct or review
any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications,
reports, and other services. The CONSULTANT shall perform its WORK according to
generally accepted planning and civil engineering standards of care and consistent with
achieving the PROJECT WORK within budget, on time, and in compliance with applicable
laws, regulations, and permits.
7.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve
the CONSULTANT of responsibility for the technical adequacy, completeness, or
accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment
for any of the services shall not be construed to operate as a waiver of any rights under
this Agreement or at law or any cause of action arising out of the performance of this
Agreement.
7.3 In performing WORK and services hereunder, the CONSULTANT and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in
any manner whatsoever. The CONSULTANT shall not hold itself out as, nor claim to be,
an officer or employee of CITY by reason hereof and shall not make any claim, demand,
or application to or for any right or privilege applicable to an officer or employee of CITY.
The CONSULTANT shall be solely responsible for any claims for wages or compensation
by CONSULTANT's employees, agents, and representatives, including subconsultants
and subcontractors, and shall save and hold CITY harmless therefrom.
7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. CONSULTANT shall take all necessary precautions in performing the WORK to
prevent injury to persons or property. The CONSULTANT agrees to release,
indemnify, defend, and hold harmless the City, its elected and appointed officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from
all liabilities, losses, damages, and expenses related to all claims, suits, arbitration
actions, investigations, and regulatory or other governmental proceedings arising from
or in connection with this Agreement or the acts, failures to act, errors or omissions of
the CONSULTANT, or any of CONSULTANT's agent(s) or subcontractor(s), in
performance of this Agreement, except for claims caused by the City's sole
negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
CONSULTANT waives any immunity that may be granted to it under the Washington
State industrial insurance act, Title 51 RCW, solely for the purposes of this
indemnification. CONSULTANT's indemnification shall not be limited in any way by
any limitation on the amount of damages, compensation or benefits payable to or by
any third party under workers' compensation acts, disability benefit acts or any other
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benefits acts or programs. CONSULTANT shall require that its subcontractors, and
anyone directly or indirectly employed or hired by CONSULTANT, and anyone for
whose acts CONSULTANT may be liable in connection with its performance of this
Agreement, comply with the terms of this paragraph, waive any immunity granted
under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated
this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the CONSULTANT and the City, the CONSULTANT's liability, including the duty
and cost to defend, shall be only to the extent of the CONSULTANT's negligence.
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 terms of this Section shall survive any expiration or termination of this Agreement.
7.5 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. The
CONSULTANT specifically and expressly waives its immunity under the Industrial
Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
CONSULTANT and the CITY.
7.6 CONSULTANT shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, CONSULTANT shall pay the same before it becomes due.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its
component tasks shall be as set forth in this Agreement and attached Exhibits. The project
schedule and performance dates for the individual tasks shall be mutually agreed to by
the CITY and the CONSULTANT within fifteen (15)days after execution of this Agreement.
The performance dates and budgets for tasks may be modified only upon written
agreement of the parties hereto. The performance date for tasks and the completion date
for the entire PROJECT shall not be extended, nor the budget increased because of any
unwarranted delays attributable to the CONSULTANT, but may be extended or increased
by the CITY in the event of a delay caused by special services requested by the CITY or
because of unavoidable delay caused by any governmental action or other conditions
beyond the control of the CONSULTANT which could not be reasonably anticipated or
avoided.
8.2 Not later than the tenth (10th) day of each calendar month during the performance of the
PROJECT, the CONSULTANT shall submit to the CITY's Representative a copy of the
current schedule and a written narrative description of the WORK accomplished by the
CONSULTANT and subconsultants on each task, indicating a good faith estimate of the
percentage completion thereof on the last day of the previous month. Additional oral or
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written reports shall be prepared at the CITY's request for presentation to other
governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the CONSULTANT are instruments or services 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.
9.2 The CONSULTANT agrees that any and all plans, drawings, designs, specifications,
computer programs, technical reports, operating manuals, calculations, notes, and other
WORK submitted or which are specified to be delivered under this Agreement or which
are developed or produced and paid for under this Agreement, whether or not complete,
shall be owned by and vested in the CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by CONSULTANT
(hereinafter"Intellectual Property") as well as any modifications, updates or enhancements
to said Intellectual Property during the performance of the WORK remain the property of
CONSULTANT, and CONSULTANT does not grant CITY any right or license to such
Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 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 PROJECT. The CITY shall also
have access to such books, records, and documents during the performance of the
PROJECT WORK, if deemed necessary by the CITY, to verify the CONSULTANT's
WORK and invoices.
10.2 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.
10.3 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 CONSULTANT's written comments, if any.
10.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each
subcontract for WORK on the Project.
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10.5 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 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement,
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 Agreement. CONSULTANT shall provide and
maintain in force insurance in limits no less than those stated below, as applicable. The
CITY reserves the right to require higher limits should it deem it necessary in the best
interest of the public. If CONSULTANT carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements
and City of Yakima shall be named as an additional insured for such higher limits.
CONSULTANT shall provide a Certificate of Insurance to the City as evidence of coverage
for each of the policies and outlined herein. A copy of the additional insured endorsement
attached to the policy shall be included with the certificate. This Certificate of insurance
shall be provided to the City prior to commencement of work. Failure to provide the City
with proof of insurance and/or to maintain such insurance outlined herein shall be a
material breach of this agreement and a basis for termination.
Failure by the City to demand such verification of coverage with these insurance
requirements or failure of the City to identify a deficiency from the insurance
documentation provided shall not be construed as a waiver of CONSULTANT's obligation
to maintain such insurance.
CONSULTANT's insurance coverage shall be primary insurance with respect to those who
are Additional Insureds under this Agreement, and any insurance, self-insurance or
insurance pool coverage maintained by the City shall be in excess of the CONSULTANT's
insurance and neither the City nor its insurance providers shall contribute to any
settlements, defense costs, or other payments made by CONSULTANT's insurance. All
additional insured endorsements required by this Section shall include an explicit waiver
of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement 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 liability limit of the limits required in the policy,
subject to minimum limits 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 Agreement. The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The
insured shall 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.
11.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Agreement is fully
executed by the parties, CONSULTANT shall provide the CITY with a certificate
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of insurance as proof of commercial automobile liability insurance and
commercial umbrella liability insurance with a total liability limit of the limits
required in the policy, subject to minimum limits 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 Agreement,
which is Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section
10.1.2.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
Agreement. The policy shall name the CITY, its elected and appointed officials,
officers, agents, employees, and volunteers as additional insureds. The insured
shall 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.
11.1.3. Statutory workers' compensation and employer's liability insurance as required
by state law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as
proof of professional liability coverage with a total liability limit of the limits
required in the policy, subject to minimum limits of Two Million Dollars
($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00)
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 insured
shall 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. If the policy is
written on a claims made basis the coverage will continue in force for an
additional two years after the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, principals, employees, representatives, and agents shall
have no obligation for payment of premiums because of being named as additional
insureds under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, CONSULTANT fails to
maintain the required insurance in full force and effect, all work under the Agreement shall
be discontinued immediately. Any failure to maintain the required insurance may be
sufficient cause for the City to terminate the Agreement.
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SECTION 12 SUBCONTRACTS
12.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT,
to subcontract any portion of the WORK to be performed under this Agreement. However,
CONSULTANT shall be considered the Prime Contractor hereunder and shall be the sole
point of contact with regard to all contractual matters arising hereunder, including the
performance of WORK and payment of any and all charges resulting from contractual
obligations.
12.2 Any subconsultants or subcontractors to the CONSULTANT utilized on this PROJECT,
including any substitutions thereof, will be subject to prior approval by CITY. Each
subcontract shall be subject to review by the CITY's Representative, if requested, prior to
the subconsultant or subcontractor proceeding with the WORK. Such review shall not
constitute an approval as to the legal form or content of such subcontract. The
CONSULTANT shall be responsible for the planning performance, acts, and omissions of
all persons and firms performing subcontract WORK.
12.3 CITY does not anticipate CONSULTANT subcontracting with any additional persons or
firms for the purpose of completing this Agreement.
12.4 The CONSULTANT shall submit, along with its monthly invoices, a description of all
WORK completed by subconsultants and subcontractors during the preceding month and
copies of all invoices thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
CONSULTANT shall comply with this request at once and shall not employ the
subcontractor for any further WORK under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CONSULTANT without prior written consent of the
CITY. The CONSULTANT for itself and its heirs, executors, administrators, successors
and assigns, does hereby agree to the full performance of all of the covenants herein
contained upon the part of the CONSULTANT. 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 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to
those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered herein. This Agreement may not be
modified or altered except in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 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 lie in a court of competent jurisdiction in Yakima County, Washington.
Page 10
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's
subconsultants and subcontractors shall not discriminate in violation of any applicable
federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion,
color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal,
state, or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, selection for training, and the provision of
services under this Agreement. CONSULTANT agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
SECTION 17 SUSPENSION OF WORK
17.1 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 the 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 18.
SECTION 18 TERMINATION OF WORK
18.1 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
with the terminating party and for cure within the 15-day notice period 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.
18.2 In addition to termination under subsection 18.1 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 the effective termination date.
18.3 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
Page 11
firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY
for any and all damages, costs, and expenses whether directly, indirectly, or
consequentially caused by said default. This provision shall not preclude CITY from filing
claims and/or commencing litigation to secure compensation for damages incurred
beyond that covered by contract retainage or other withheld payments.
18.4 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.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the
CONSULTANT shall (1) promptly discontinue all services affected (unless the notice
directs otherwise), and (2)deliver or otherwise make available to CITY all originals of data,
drawings, specifications, calculations, reports, estimates, summaries, and such other
information, documents, and materials as the CONSULTANT or its subconsultants may
have accumulated or prepared in performing this Agreement, whether completed or in
progress, with the CONSULTANT retaining copies of the same.
18.6 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.
18.7 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 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any
key personnel employed by the CONSULTANT in PROJECT WORK or for any corporate
officer of the CONSULTANT to render his services to the PROJECT, the CONSULTANT
shall not be relieved of its obligations to complete performance under this Agreement
without the concurrence and written approval of CITY. If CITY agrees to termination of
this Agreement under this provision, payment shall be made as set forth in subparagraph
18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance 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 neither
of the afore mentioned methods are successful then any dispute relating to this Agreement
shall be decided in the courts of Yakima County, Washington in accordance with
SECTION 14. If both parties consent in writing, other available means of dispute
resolution may be implemented.
SECTION 20 NOTICE
20.1 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.
Page 12
CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn: Bill Preston
CONSULTANT: BERK Consulting Inc.
Ferdouse Oneza, AICP, Project Manager
2200 Sixth Avenue
Suite 1000
Seattle, WA 98121
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with
the approval of the City, but the making of (or failure or delay in making) such inspection
or approval shall not relieve CONSULTANT of responsibility for performance of the WORK
in accordance with this Agreement, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. CONSULTANT
shall provide the City sufficient, safe, and proper facilities, and/or send copies of the
requested documents to the City. CONSULTANT's records relating to the WORK will be
provided to the City upon the City's request.
21.2 CONSULTANT shall promptly furnish the City with such information and records which
are related to the WORK of this Agreement as may be requested by the City. Until the
expiration of six (6) years after final payment of the compensation payable under this
Agreement, or for a longer period if required by law or by the Washington Secretary of
State's record retention schedule, CONSULTANT shall retain and provide the City access
to (and the City shall have the right to examine, audit and copy) all of CONSULTANT's
books, documents, papers and records which are related to the WORK performed by
CONSULTANT under this Agreement. Prior to converting any paper records to electronic
format and/or destroying any records, CONSULTANT shall contact CITY's Records
Administrator (509-575-6037) to discuss retention. In no event shall any record relating
to the WORK be destroyed without CITY consultation. If any litigation, claim, or audit is
started before the expiration of the six-year period, the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved.
21.3 All records relating to CONSULTANT's services under this Agreement must be made
available to the City, and the records relating to the WORK are City of Yakima records.
They must be produced to third parties, if required pursuant to the Washington State Public
Records Act, Chapter 42.56 RCW, or by law. All records relating to CONSULTANT's
services under this Agreement must be retained by CONSULTANT for the minimum
period of time required pursuant to the Washington Secretary of State's records retention
schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 CONSULTANT agrees to perform all WORK under and pursuant to this Agreement in full
compliance with any and all applicable laws, rules, and regulations adopted or
promulgated by any governmental agency or regulatory body,whether federal, state, local,
or otherwise, including policies adopted by the City, as those laws, ordinances, rules,
regulations, and policies now exist or may hereafter be amended or enacted.
Page 13
CONSULTANT shall procure and have all applicable and necessary permits, licenses and
approvals of any federal, state, and local government or governmental authority or this
project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
22.2 CONSULTANT shall procure and have all applicable and necessary permits, licenses and
approvals of any federal, state, and local government or governmental authority or this
project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of its work.
a. Procurement of a City Business License. CONSULTANT must procure a City of
Yakima Business License and pay all charges, fees, and taxes associated with said
license.
b. CONSULTANT must provide proof of a valid Washington department of Revenue state
excise tax registration number, as required in Title 85 RCW.
c. CONSULTANT must provide proof of a valid Washington Unified Business
Identification (UBI) number. CONSULTANT must have a current UBI number and not
be disqualified from bidding on any public works contract under RCW 39.06.101 or
36.12.065(3).
d. CONSULTANT must provide proof of a valid Washington Employment Security
Department number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a
proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in
the City of Yakima, at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to
conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the CONSULTANT agrees
as follows: The CONSULTANT shall not discriminate against any person on the grounds
of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation,
gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence
of any sensory, mental or physical handicap in violation of the Washington State Law
Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42
USC 12101 et seq.). 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
WORK under this Agreement. In the event of the CONSULTANT's noncompliance with
the non-discrimination clause of this contract or with any such rules, regulations, or orders,
this Agreement may be cancelled, terminated, or suspended in whole or in part and the
CONSULTANT may be declared ineligible for any future City contracts.
23.2 Pay transparency nondiscrimination. The CONSULTANT will not discharge or in any other
manner discriminate against employees or applicants because they have inquired about,
discussed, or disclosed their own pay or the pay of another employee or applicant.
However, employees who have access to the compensation information of other
employees or applicants as a part of their essential job functions cannot disclose the pay
of other employees or applicants to individuals who do not otherwise have access to
compensation information, unless the disclosure is (a) in response to a formal complaint
or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including
Page 14
an investigation conducted by the employer, or (c) consistent with the contractor's legal
duty to furnish information.
23.3 Severability. If any term or condition of this Agreement or the application thereof to any
person(s) or circumstances is held invalid, such invalidity shall not affect other terms,
conditions or applications which can be given effect without the invalid term, condition or
application. To this end, the terms and conditions of this Agreement are declared
severable.
23.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No.
12664QP, titled Exhibit A - Scope of Work, conditions, addenda, and modifications and
CONSULTANT's proposal (to the extent consistent with Yakima City documents)
constitute the Agreement Documents and are complementary. Specific Federal and State
laws and the terms of this Agreement, in that order respectively, supersede other
inconsistent provisions. These Agreement Documents are on file in the Office of the
Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated
by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the CONSULTANT
experiences a change in its financial condition that may affect its ability to perform under
the Agreement, or experiences a change of ownership or control, the CONSULTANT shall
immediately notify the City in writing. Failure to notify the City of such a change in financial
condition or change of ownership or control shall be sufficient grounds for termination.
23.6 No conflicts of interest. CONSULTANT represents that it or its employees do not have
any interest and shall not hereafter acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of this Agreement. CONSULTANT
further covenants that it will not hire anyone or any entity having such a conflict of interest
during the performance of this Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is
prohibited. News releases pertaining to this procurement shall not be made without prior
approval of the City. Release of broadcast emails pertaining to this procurement shall not
be made without prior written authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement
shall be of the essence of the Agreement, including the provision of the WORK within the
time agreed or on a date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not
be construed as a waiver or relinquishment of any such agreement, covenant, condition
or right.
23.10 Force Majeure. CONSULTANT will not be responsible for delays in delivery due to acts
of God, fire, strikes, riots, delay in transportation, or those effects of epidemics or
pandemics that could not have been reasonably anticipated or mitigated through acts of
the CONSULTANT; provided CONSULTANT notifies the City immediately in writing of
such pending or actual delay. Normally in the event of such delays, the date of delivery
of WORK will be extended for a period of time equal to the time lost due to the reason for
delay.
Page 15
23.11 Authority. The person executing this Agreement on behalf of CONSULTANT represents
and warrants that they have been fully authorized by CONSULTANT to execute this
Agreement on its behalf and to legally bind CONSULTANT to all terms, performances,
and provisions of this Agreement.
23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration
or termination of this Agreement, in accordance with their terms.
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 AKIMA BERK Consulting Inc.
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List of Exhibits attached to this contract
Exhibit A— Scope of Work
Exhibit B — Professional Fee
Exhibit C — Schedule of Rates
Page 16
EXHIBIT A
SCOPE OF WORK
City of Yakima 2050 Comprehensive Plan Update: Scope of Work (BERK)
November 26, 2024
The City of Yakima selected BERK Consulting Inc. (BERK) to update the City's 2050
Comprehensive Plan. The update includes updating all elements, creating a new Climate
Resilience Element, updating the City's critical areas ordinance, and developing a SEPA
checklist. The Consultant (BERK) will be supported by subconsultants (Transpo Group, Perteet,
and Cascadia Consulting Group)for their expertise in specific areas (BERK team). Detailed
tasks and associates budget below generally show the level of efforts across BERK team.
General Assumption:
Time may be transferred from one task to another due to a greater or lesser level of effort,
provided that each task shall be completed, and the total budget shall not be exceeded.
Scope of Work
Task 1: Project Management, Ongoing Collaboration and Public Engagement
1.1 Project Management, Kick-off& Ongoing Collaboration
BERK will host a kickoff meeting with City staff and key members of the consultant team to
confirm project scope, schedule, roles, and communication protocols. Prior to this session,
BERK will send the City a draft
project schedule, draft plan audit (see Task below) framework and list of requests for all relevant
background information necessary for the project (including adopted plans, GIS data and maps,
and other relevant documents). During the kickoff, we will clarify key project objectives and
questions, introduce core team members, refine the schedule, and confirm communication
protocols. We will also discuss outreach goals, key stakeholders, and develop an initial
framework for community engagement.
Following the kickoff meeting, BERK will refine and maintain a master project schedule with
major
milestones and opportunities for public engagement clearly defined throughout the process.
BERK will also organize an ongoing virtual coordination meeting between relevant members of
the consultant team and City staff (assumes up to 30 meetings across approximately 15
months).
Deliverables: Inventory documents list, schedule of project check ins, public engagement plan.
Page 17
1.2 Public Engagement
The BERK team will prepare an engagement plan built on an inclusive and equity-centered
engagement strategy. We understand that equitable engagement requires proactive strategies
to build trust and relationships with communities historically excluded from policy decisions and
planning processes. We will adopt an approach that includes engagement with underserved and
vulnerable populations to ensure community priorities and values are representative and woven
throughout policy development. This will include developing an engagement strategy for the
Climate Resiliency Sub-element to be integrated with the public participation plan.
Our engagement approach will prioritize Yakima's Spanish-speaking community by partnering
with community-based organizations (CBOs) to integrate translations and interpretations into
the planning process and outreach activities. Recognizing regional variations in phrasing, we
will work with local partners to ensure that messaging of various Plan elements resonates with
the community and context. Our approach to engagement relies on a deep collaboration with
the City staff and can be expanded provided additional resources are available.
Engagement Plan and Schedule:
We will work with City staff to develop an engagement plan and a schedule that can be adjusted
based on resources. This approach will allow us to adapt as needed, ensuring we gather input
from all key perspectives, apply feedback meaningfully, and positively inform the planning
process and project outcomes. We anticipate major engagement materials will be available in
both English and Spanish. We will work with the City to determine the appropriate number and
desired format of engagement meetings and activities.
The engagement plan will include:
Workshops/Open House Events. We anticipate holding major community-wide workshops to
allow comment opportunities at three (3) key stages of the project: initial kick-off and
visioning, topic-focused strategies and alternatives, and the presentation of the draft plan
and policies. The BERK team will work with City staff on event logistics and materials,
including the format and agenda of each event, supplementary web-based virtual activities,
print materials (posters, boards, maps, activities etc.), and/or presentations. These key
workshops will integrate and present engagement efforts and feedback for the Climate
Resilience elements, Housing, and Transportation elements (see Tasks 3, 4 and 5). To
optimize trip time and project resources, we propose coordinating community workshops on
the same day with the Planning Commission workshops when feasible.
Climate-specific Engagement. Community engagement efforts for the Comprehensive Plan
will coordinate with strategies for the new Climate Resilience element (see Tasks 3). At the
project's outset, BERK will work with City Staff to convene an Ad Hoc Climate Policy
Advisory Team who will weigh in on the climate resiliency planning process at key
milestones of the project. Climate-specific engagement will include partnering with CBOs to
facilitate interviews, focus groups, and educational sessions with communities
disproportionately impacted by climate hazards (including Spanish speakers). BERK will
develop engagement materials and activities specific to climate topics to be brought to the
public and key stakeholders as part of the overall engagement strategy. Climate-specific
engagement efforts are expected to be held virtually. To optimize trip time and project
resources, we can align any in-person activities with scheduled Open Houses for the
Page 18
broader Comprehensive Plan. Stipends and incentives would be set aside to compensate
Committee members.
Plan Committee. In addition to the Climate Policy Advisory Team, BERK will help the City
convene a Plan Committee. This Committee will be comprised of community members to
serve as advocates for the Comprehensive Plan update with a focus on housing. The City
can also consider reconvening the Housing Action Plan group as a focus group. We will
meet with the Committee members virtually at key stages to promote engagement, identify
missing voices, and ensure that plan drafts are consistent with community input collected.
We will work with staff to ensure both the Climate Policy Advisory Team and Plan
Committee present a broad range of perspectives and experiences. Stipends and
incentives can be set aside to compensate Committee members.
Project Website. A clear and well-organized project webpage will enable community members to
participate in the planning process at their own pace. We assume City staff will manage a
project page on the Yakima website, with our support in creating high-quality outreach
materials, including graphics and written content that explain project details, findings,
analyses, and alternatives. The goal is to ensure transparency, establish open
communication, and offer a simple, low-commitment way for the community to provide
feedback, ask plan questions, and learn about the planning process.
Online Engagement Tools. Online engagement would be used to supplement in-person
activities. Tools such as online survey(s) or StoryMaps, for example, can inform and solicit
feedback from the community including residents, business owners, not-for-profit agencies,
elected officials, and underrepresented groups. We anticipate City staff will lead the online
engagement and integrate these into the overall engagement process with BERK
supporting the City. We recommend conducting two (2) online surveys throughout the
project: an initial survey during the visioning stage, and second to gather input on draft plan
materials.
Planning Commission/City Council Public Hearings. BERK will prepare high-quality
presentation materials in written and graphic format for Planning Commission and City
Council hearings, clearly synthesizing and describing relevant data, findings, analyses, and
draft plan material. We anticipate attending a total of three (3) virtual meetings. If needed, in
person meetings can be planned when they are combined with workshop meeting dates for
efficiency.
Task 2: Plan Audit
Early in the project we will conduct an audit and prepare an existing condition report to serve as
a foundation for the other tasks.
2.1 Audit
To build an understanding of specific work needed to update the Comprehensive Plan and
Transportation Element, and to create the Climate Element, the BERK team will evaluate the
City of Yakima 2040 Comprehensive Plan, 2040 Transportation Plan, and other relevant
planning documents. We will audit relevant development regulations for likely updates. We will
also identify areas of focus to meet recently amended GMA provisions and other major local
Page 19
initiatives. The audit will use the Commerce periodic update checklist as a base. We will review
Comprehensive Plan elements to identify inventory information that is out of date or incorrect,
opportunities to clarify meaning or convey information more efficiently, and gaps or
inconsistencies in goals and policies. We will document the results of the audit in writing and
attach the Commerce checklist.
Highlights of our audit effort are described below. Related work specific to the Climate Element
that builds on this initial audit is described in Task 3.
Complete the Commerce Periodic Update Checklist, which includes requirements for all
elements of the Comprehensive Plan (including Housing, Transportation, and Climate) and
requirements for related code updates.
Complete the Commerce Critical Areas Update checklist.
Audit Transportation policies. The existing policies will be reviewed to identify possible changes
needed to comply with updated regional, state, and federal requirements. Policies will be
reviewed for consistency with other Comprehensive Plan elements. Any inconsistencies will
be identified and suggested revisions will be prepared, including addressing any feedback
from City staff. In addition, we will work with City staff to consider policies around on-street
parking and possible implementation strategies to address on-going needs.
Provide a status report summarizing overall audit findings and recommendations. This report
will be used to refine the scope of work to accomplish mandatory and optional items within
the
project budget.
2.2 Existing Conditions
An Existing Conditions Report will provide current socioeconomic data and land use and
environmental information for the City of Yakima. This community profile information will be
integrated into the assessment of conditions and trends in the Comprehensive Plan elements,
and will be used to inform analysis for the Housing Element in particular. The BERK team will
build upon and update information from the City's Housing Action Plan 2017 and the
Comprehensive Low-Income Housing Plan (CLIHP) grant.
Deliverables: Audit Summary/Status Report, Existing Conditions Report, Commerce Periodic
Update Checklist, Commerce Critical Areas Update Checklist
Task 3: Develop A New Climate Resilience Element
The BERK team in partnership with Cascadia Consulting Group will develop a Climate
Resilience Sub-Element consistent with the requirements of HB 1181 and the Department of
Commerce Climate Element Planning Guidance. Our team recognizes that addressing climate
hazards requires community-based, interdisciplinary solutions that cut across many
Comprehensive Plan elements including land use, transportation, parks, capital facilities, and
utilities. Policies in the Climate Element can provide overarching guidance for the entire
Comprehensive Plan and support an integrated approach to resilience. We also understand
Yakima has a foundation of existing work on climate and hazard mitigation planning to build on.
Engagement input gathered via Task 1 will support development of the Climate Element. Local
knowledge is key to developing Climate Elements. It helps ensure an understanding of climate
Page 20
resilience that reflects community members' lived experience with extreme weather hazards and
their knowledge of location-specific assets and vulnerabilities. Focused outreach with potentially
overburdened communities also helps build an understanding of environmental justice issues
and how these can be addressed. As described under Task 1, the public engagement strategy
for the overall project will include climate-focused engagement efforts including forming and
facilitating an Ad Hoc Climate Policy Advisory Team and partnering with local CBOs to conduct
interviews with communities disproportionately impacted by climate hazards, including Spanish
speakers. We will hold virtual meetings with the Ad Hoc Climate Policy Advisory Team at key
points in the planning process to review information and draft goals and policies. The Ad Hoc
Climate Policy Advisory Team could include representatives from the planning and public works
departments, as well as interdisciplinary representatives from partner agencies and community
groups.
Task 3 will build on work completed in Task 2 to review Climate Element guidance in the
Commerce periodic update checklist. We will review the additional detailed Commerce guidance
document for climate elements and provide a Critical Steps Memo. The memo will provide
options within the Commerce framework to guide the integrated approach to the Climate
Element and Resilience Sub-element. Options will include building on recent hazard mitigation
planning efforts and an approach to assessing climate vulnerability that uses an interactive
spatial tool and framework strategy to support policy development and consider implications for
overburdened communities. We would coordinate with the City to ensure we support your
Commerce grant deliverables.
Once the strategy for completing the Climate Element is confirmed, we will complete the first
two steps in the Commerce guidance for developing resilience sub-elements: exploring climate
impacts (which Cascadia will lead) and auditing plans and policies (which BERK will lead).
There is a Commerce Workbook that can be used to conduct this work; BERK proposes to use
a modified version of this workbook that we have developed through prior climate planning
projects with Cascadia. The modified workbook is more streamlined and addresses the same
requirements. Plans that would be audited include the Comprehensive Plan, Yakima Shoreline
Master Program, and the 2022 Yakima County Multi-Jurisdictional Hazard Mitigation Plan (City
Annex). We also suggest reviewing the 2023 Draft Sustainable Yakima Committee's
recommended Climate Action Plan to recognize and value community input and local
knowledge.
The next step in preparing resilience sub-elements, based on Commerce guidance, is an
optional vulnerability assessment. As mentioned above, in the Critical Steps Memo BERK will
recommend assessing climate vulnerability using an interactive spatial tool and framework
strategy. This will help the City to understand the sensitivity and adaptive capacity of the
community to climate hazards, and to identify priority policy gaps that can be addressed to
increase resilience. We will provide a Climate Element Status Report and Vulnerability Memo
summarizing findings and next steps for policy development.
Completing the Climate Element will include developing new or updated policy language and
integrating that policy language in the Comprehensive Plan and possibly in other planning
documents (the specific approach to policy development will be confirmed with the City during
review of the Critical Steps Memo). Additionally, we will compile other relevant information in the
Climate Element; this includes a summary of the climate technical information, community input,
and process of developing the Climate Element. The draft Climate Element would be reviewed
Page 21
with the City staff and consultant project team. It would also be reviewed by the Ad Hoc Climate
Policy Advisory Team, Planning Commission, and City Council through the engagement
process.
Deliverables: Climate Element Critical Steps Memo, Climate Workbook, Interactive Spatial Tool
and Framework Strategy, Climate Element Status Report and Vulnerability Memo, Climate
Element and Resilience Sub-Element
Task 4: Update Transportation Element
Transpo Group will lead the Transportation Element update and build upon their work with both
City of Yakima and Yakima Valley Conference of Governments (YVCOG). The Transportation
Element update work effort will focus on the following items.
Transportation System and Safety Assessment
We will update the inventory of the City's existing transportation system by drawing upon GIS
and other existing datasets. Data will be assembled from the City, YVCOG, Yakima County,
WSDOT, and other agencies. The data will allow the team to better understand current travel
characteristics, safety issues, and trends, and update key systemwide performance measures.
GIS will be used as the central data storage method for updating, storing, organizing, and
analyzing any information collected as part of the effort. The data and analysis will be used to
update the existing system maps to illustrate the existing conditions. Key data elements that
will be reviewed and updated include roadway operations, collisions, transit service and
facilities, active transportation facilities, and consideration of on-street parking. The
assessment will build from information contained from recent plans.
Multimodal LOS Standards
In 2023, the State legislature approved several amendments to the GMA requirements for
transportation elements. House Bill 1181 requires agencies to develop measures to establish
multimodal level of service (MMLOS) standards to include active transportation networks.
This Transportation Element update effort will evaluate and confirm various approaches to
identify the MMLOS standards that will best support the City's land use, multimodal, and safety
goals.
Travel Forecasts & Needs Evaluation
YVCOG's regional travel demand model will be applied to evaluate City land use and
transportation system to identify and confirm multimodal transportation needs to support the
future land use plan. The evaluation will include a GIS based assessment of the existing
pedestrian, bicycle, multiuse trail, and transit networks, that will help in identifying key
transportation network gaps and areas in need of improvement. The forecasts will be used to
identify key system capacity and potential operational deficiencies for the future horizon year.
Long-term Capital Project List & Priorities
Projects listed in existing plans that have not yet been completed will be reassessed based on
the updated travel forecasts and existing transportation conditions analysis. Active
transportation network facility needs and transit service strategies will be reviewed and updated.
Additional projects will be identified, as appropriate, to provide a safe, equitable, and efficient
Page 22
multimodal transportation system to serve the city. Project descriptions will be prepared and the
rationale for each project will be documented (e.g., capacity, safety, connectivity, or other
deficiencies).
Project cost estimates will be developed using our planning-level cost model which will
incorporate specific data on recent projects in the region and nearby communities. As with most
local agencies, Wenatchee will not be able to fund all of its transportation "desires"within the 20-
year plan. Therefore, the City must layout its priorities in the Transportation Element. We will work
with the City to update the prioritization criteria. The criteria may include safety, multimodal
connectivity, support of alternative modes, equity, climate change, and economic development to
guide the effort. The criteria will consider input from the Planning Commission and City Council, to
arrive at a recommended and prioritized project list.
Deliverables: Transportation Element
Task 5: Update Land Use and Housing Elements
The Land Use and Housing Elements are foundational parts of the Comprehensive Plan update.
They work together to ensure the City can meet its GMA growth targets, and new state housing
laws adopted between 2021 and 2024. They also provide assumptions about growth needed to
complete travel demand analysis for the Transportation Element. Transportation data needs will
be identified and agreed upon early in the process, and land use and housing analysis is
necessary for this.
A critical early step will be coordinating with the City and the County to receive the 20-year
growth targets for jobs and housing for Yakima's periodic update. Under the new state laws and
Commerce guidance for Housing Elements, housing growth targets are broken out by different
income levels and by emergency and supportive housing. Once growth targets are confirmed by
the City and County, we will conduct a land capacity analysis based on current zoning to
evaluate capacity for housing types that can meet housing targets at each income level. We will
also review findings from the audit conducted under Task 2 regarding the City's code for
emergency and supportive housing types and for middle housing types to identify any updates
needed to comply with current state law. Based on our findings, we will determine whether there
is a need for zoning updates or related code updates that will change the City's land capacity.
We will also collaborate with staff to consider local real estate market conditions, infrastructure
strengths and weakness, and adaptive reuse potential for vacant sites. If zoning updates are
needed, additional land capacity analysis of up to two alternatives is an optional additional task
described in the Expanded Tasks Contingent upon Additional Budget section below.
We will coordinate with the City to complete the Land Use and Housing Elements, based on the
needs identified in the audit under Task 2. Notably, there is significant analysis needed for
Housing Elements under the current state guidance. This includes conducting a housing needs
assessment (which will be addressed under Task 2 in the Existing Conditions Report), land
capacity analysis (described above), racially disparate impacts and displacement risk
assessment, adequate provisions analysis, and code updates for compliance with state law or
to implement recommendations from the adequate provisions analysis for reducing barriers to
developing needed housing. We will review existing Comprehensive Plan goals and policies to
identify policies that may have led to racially disparate impacts in the past and propose new or
updated policies to address them based on Commerce guidelines. The BERK team will prepare
the Land Use Element and the Housing Element using the comprehensive plan template
Page 23
described under Task 6. We will recommend land use and housing related code updates for the
City to implement as indicated in Task 7.
Land Use and Housing Elements will build on other works done by the City. The 2017
Comprehensive Plan Update and EIS made changes to the City's land use pattern that
increased land capacity and housing options. The 2021 Housing Action Plan identified steps the
City could take to meet housing needs of all community members, and the City developed a
number of code amendments for middle housing typologies and permit streamlining as well as
securing grants to extend infrastructure to promote infill development. The City has also been
working through its Housing Authority and through its Community Development Block Grant and
Home Investment Partnership programs to improve housing access. The City has also been
studying potential annexation areas like Terrace Heights.
Deliverables: Land Use Element, Housing Element
Task 6: Draft Comprehensive Plan
BERK will develop a user-friendly template for the 2050 Comprehensive Plan. The template will
include all plan elements and will be used to integrate information developed under Tasks 3
through 5 (Climate, Housing, Land Use, and Transportation). We will also update and develop
new maps and graphics
as needed.
In addition to elements updated under Tasks 3 to 5, we will update the remaining
Comprehensive Plan elements with the most recent data and analysis to ensure consistency
within the elements and compliance with the GMA. These include Historic Preservation,
Economic Development, Capital Facilities, Utilities, Parks & Recreation, Natural Environment,
Shoreline, and Energy Elements. We will review and update all the goals and policies based on
the results of public engagement and the City's fiscal conditions. We will peer review the
financial analysis conducted by the City. Perteet will lead the update of key utilities.
The BERK team will compile all elements completed by the consultant team using the defined
template developed early in the process. We will ensure a user-friendly Comprehensive Plan
document with visuals and maps to convey the Plan to the larger community. During this process,
the BERK team will gather input from City staff based on any additional engagement conducted
by staff and address this in the plan elements.
Deliverables: Template for Comprehensive Plan, Draft Complete Comprehensive Plan
Task 7: Development Regulations
BERK will review the City's development regulations in the City's municipal code for consistency
with the current legislative and local policy as required by the GMA periodic update checklist.
Our review will include various sections from Titles 12 (Development Standards), 15 (Yakima
Urban Area Zoning Ordinance), to 16 (Administration of Development Permit Regulations).
Based on our review, BERK will provide a memo identifying necessary requirements for code
updates.
The BERK team, led by Perteet will complete Commerce's Critical Areas Checklist to assist with
identification of topics that may need to be addressed. The update of the Critical Areas
Regulations requires a review of the most recent best available science (BAS). Washington
Department of Ecology has produced several documents in recent years regarding wetland
Page 24
management that constitute BAS and are anticipated to be readily incorporated into the City's
regulations. This scope assumes that the primary new source of BAS that may require more
City consideration, as well as public and agency input, relates to WDFW's most recent riparian
management recommendations that are based on site potential tree height (SPTH). We will
reach out to WDFW for focused discussion of this topic and provide analysis of the implications
of SPTH-related changes to help the City select a path forward. We will also work with staff to
identify and incorporate changes to the regulations that are generated from staff"lessons
learned" during implementation of the current code and explore any additional opportunities for
process streamlining through a staff, Planning Commission, or City Council workshop.
Deliverables: Development Regulations Memo, Updated Critical Areas Ordinance
Task 8: Finalize the Comprehensive Plan, SEPA and Adoption
BERK prepared the non-project EIS associated with the 2017 periodic update. BERK will support
the City in the effort in preparing necessary SEPA analysis and documentation for adoption of the
updated plan. Given the nature of the plan update, and the City's EIS analysis completed in the
last cycle, our scope anticipates peer reviewing a SEPA Checklist or addendum and a
Determination of Non-Significance (DNS).
The BERK team will finalize the draft Comprehensive Plan based on input received from staff,
public and the Planning Commission, and prepare the final Comprehensive Plan for adoption by
the City.
Deliverables: SEPA DNS assistance, Final Comprehensive Plan
Expanded Tasks Contingent upon Additional Commerce Grant Funding
It is anticipated that the City of Yakima will reach the 100,000 population threshold this year to
be eligible for additional Periodic Update Grant from the Department of Commerce. The City
anticipates approximately $75,000 additional budget will be available. This additional budget will
enhance current tasks. Major focus will be given to prepare the City's development regulations.
Additional work will be added related to housing, Land use, and climate analyses. Additional
scope under each task is described as follows:
Task 2 Plan Audit: This will include additional Critical Areas and Climate audit to enhance the
foundational work for the Climate Element and Development Regulations at a later phase.
Task 3 Develop A New Climate Resilience Element: Additional Climate support in Climate
workshop sessions 1 and 2 with added focus on the development of Climate Element goals and
policies.
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 1220.
Task 7 Development Regulations: We will focus on creating housing related development
regulations for compliance, focusing on HB 1110 (middle housing), and HB 1137 (ADU). Our
work of critical areas regulation will also be enhanced.
For Middle Housing Ordinance, we will review findings from the memo scoped to be prepared
under this task. Based on our code review and findings, we will establish a series of
Page 25
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.
Page 26
EXHIBIT B
Professional Fees
Task BERK Transpo CCG Perfeet Sun+
Tank it haFd.MatataeaoaR.Ogallala Ca/aiawiaa a.i P.Ml.6aaac..vs
►.ape rA.n.aga.na.t,Kid...1+t O...,q Ceitaba.a+ian S41.140 S3,440 S2,020 $4.i 40 S31,900
rubii Engaq.aant and Y.a..i.q $0 $760 to $760
Pablirartie'pati...►1aa f4,30 $0 $0 $0 $4,430
Plater.)Camarillo.,a.,w.hd.ap $8,940 $0,040
r.is.iy.ap.w how..a..q.ga.a..r $19A00 $1,660 SO to $21,060
Oia.a+a Ad.iery Caoo...a.ngagaaa.i. $1o,e00 $0 $7,660 to $18,560
sabta.d $85,570
Audit Plan.and Coda
C..pralw..i..Plana CA° 36,82o $3,240 $0 f2,290 $1 2,350
Tra..per:Wi.a Plan audit $o $9,60 $0 $0 $9,760
ga.is.aF a::tiny Sandi+ia,.,oaa...n.irp p.aFt. f3,1 to SO $0 to $5,150
'r.bto+ad S27,260
criKal slap.ntaao a slaw.e.pen S4.1 ao $480 $2,060 3490 $7,210
Workbook Sootiaa 1:Ana.o and keno-rat $4.000 $0 $15,940 fo $19,940
w.,46..k Saeti.a s:A..dit q.a1.a.d per:i.. S10.430 $0 $7,200 fD $17,630
spatial real and aiaa.a Ant an Froa..a.4 $1 3 A20 S4,680 $9760 $7,4o0 S35,260
Draft&Fool Goals&Pact.. $8,020 S2,160 $3,560 S2,130 $15,670
Draft S.Fool Damara 37,310 $0 $2,040 $0 $9,350
Subtotal $47,360 $7,320 $40,560 $10,020 $105,260
sr.,a.n*........., $0 $18,000 So fa $18,000
MMLOS fo $27,120 S0 fo $27,120
Tra.al F.r..a.,.&Nood.Evoluatiaa 30 $24,320 $0 fo $24,320
So $19,200 $0 fo $19,200
Subtotal $00,640
Hauinq Tsdtn..i App.ndia $7,1 10 $0 $0 SO $7,110
land rnpa.ey w..aly.. ttau:..q Nand A«twwe..* $12470 $0 $0 SO $12,670
Hawing El..a..c Draft&Fowl $5,920 SO $0 $0 $5,920
Land u.a T.d.i.a1 Apro.di: 34A70 $0 $0 $0 $4,470
fund w.6b.n.,.r_O.aF.a F 1 S37110 $0 S0 $0 $3,780
Subtotal $33,950
_.^_ a ai-s � .a", :b: :L tutu. ... ..,J s•: ;z1
$14,090�. $0 $0., $10,680 $24,770
G.ab and Pa1.i.. 37,860 $4,680 SO fo S12,540
Sub+atal $37,310
an x_ .� .X� � t�' ..o. ih; F -'J.• vbn .�'j' .. t '
$10,940 SO S0 fo ;10,940
Critical Axone So SO SO Si S.0e0 S15,080
Subtotal $26,020
F...ofia.Ca.pr.M..i..roan S342o SO $0 So $3,620
SFr& $i,460 $2,640 $0 to $5,100
Adepli..support $4,840 $0 SO $1,960 $6,000
Subtotal S15,520
sr
Stipends S3,250
Expeasos $3,100
Go..d TatoI 3421,B80
Page 27
EXHIBIT "C"
SCHEDULE OF RATES
BERK Consulting,Inc.
STANDARD BILLING RATES- 2024
Allegro Calder Principal $260.00
Lisa Grueter Principal $260.00
Brian Murphy Principal $260.00
Kevin Ramsey Associate Principal II $215.00
Ferdouse Oneza Associate Principal II $215.00
Kevin Gifford Associate Principal I $210.00
Casey Bradfield Senior Associate III $195.00
Madalina Calen Senior Associate III $1 95.00
Katherine Cortes Senior Associate III $195.00
Dawn Couch Senior Associate III $195.00
Jessica Hartmann Senior Associate III $195.00
Katherine Goetz Senior Associate II $190.00
Ben Han Senior Associate II $190.00
Ann Mueller Senior Associate II $190.00
Taskina Tareen Senior Associate II $190.00
Julia Tesch Senior Associate II $190.00
Stefanie Hindmorch Senior Associate I $180.00
Josh Linden Senior Associate I $180.00
Michele Eakins-TeSelle Senior Associate I $180.00
Ana Costa Associate III $160.00
Madison Immel Associate III $160.00
Kama! Raskin Associate III $160.00
Michelle Ellsworth Associate II $150.00
Isa Hirata Associate II $150.00
Oliver Hirn Associate II $150.00
Ariel Hsieh Associate II $150.00
Sabrina Santos Associate II $150.00
Yasir Alfarag Associate I $135.00
Patricia Taylor Associate I $135.00
Casey Price Project Associate $105.00
Stella Streufert Project Associate $105.00
Direct non-salary costs:
Mileage $0.670 per mile
Prints- B/W $0.1 5 per page
Prints-Color $0.40 per poge
Prints- Large Format(34"x44") Direct charges
Printing- Small Format(22-x44-) Direct charges
Parking Direct charges
Postage Direct charges
Courier services Direct charges
External printing Direct charges
Misc. items pertaining to the project Direct charges
Page 28
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.0.
For Meeting of: December 10, 2024
ITEM TITLE: Resolution authorizing a professional services agreement with BERK
Consulting Inc. for the City of Yakima's Periodic Update, Climate
Resilience Element, and Transportation Plan Update
SUBMITTED BY: *Trevor Martin, Planning Manager
Bill Preston, Community Development Director
SUMMARY EXPLANATION:
Yakima was awarded a planning grant by the Washington State Department of Commence to update the
Comprehensive Plan, create a Climate Resilience Element, and update the Transportation Plan. City
Council officially accepted the grant award on October 15, 2024, authorizing the City Manager to enter
into an agreement with Commerce. The Planning Division has selected BERK Consulting Inc. to update
the City Comprehensive Plan, Climate Resilience Element, and Transportation Plan Update.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
BERK Professional Services Resolution-2024.docx
BERK-PROFESSIONAL-SERVICES-AGREEMENT
174