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HomeMy WebLinkAboutR-2003-062 Shockey Brent, Inc. AgreementRESOLUTION NO. R-2003-62 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a consulting services agreement with Shockey Brent, Inc. to assist with the annual comprehensive plan amendment process. WHEREAS, due to staffing shortages within the Planning Division, the City of Yakima requires consulting services to assist with the annual comprehensive plan amendment process; and WHEREAS, Shockey Brent, Inc. represents that it has the expertise necessary and is willing to perform the consulting services required by the City in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Shockey Brent, Inc. to assist with the annual comprehensive plan amendment process, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated consulting services agreement with Shockey Brent, Inc. to assist with the annual comprehensive plan amendment process. ADOPTED BY THE CITY COUNCIL this 6th day of May, 2003. ATTEST: Ket/Le igG.e City Clerk (1k)res-ced-shockey-comp plan amendment-5-1-03.pm Mary Place, Mayor CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington This agreement is made and entered into on this n day ofX64 2003, between the Cityof Yakima, Washington, hereinafter referred to as CLIENT�HOCKEYBRENT, Inc., 2716 Colby Avenue, Everett, Washington 98201, hereinafter referred to as CONSULTANT. CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES The City of Yakima is accepting applications for proposed amendments to the Yakima Urban Area Comprehensive Plan in accordance with Ordinance 2003-19, RCW Chapter 36.70A and Chapter 16.10 YCC. Said applications require review and recommendations by City Staff to the Regional Planning Commission according to criteria set forth in Chapter 16.10.040 YMC. The City Staff requires assistance in the review of these applications. The City's consultant — Shockey/Brent, Inc. — will assist in reviewing the amendment requests, will investigate each request for compliance with the review criteria of Chapter 16.10.040 YMC, will prepare draft reports and recommendations for review by City Staff and will assist in the presentation of the requests to the Regional Planning Commission, County Commissioners and City Council. The consultant will assist the Client as needed throughout the process to ensure a successful, accurate and defensible amendment review process. II. SCOPE OF SERVICES The CONSULTANT agrees to perform certain consulting, planning studies, and/or advisory services for the CLIENT. These tasks are outlined as follows and would be conducted concurrent with each other as directed by the CLIENT: Task 1: Preliminary Application Review Budget: $2010 The Consultant will review each application against the criteria of Chapter 16.10 YMC including: ■ Determination that the application is complete • Determination of which, if any, other elements of the Comprehensive Plan are affected by the proposed amendment. • Direction to the applicant of what, if any, additional documentation is required for review of the request. • Assist in SEPA determinations for each application and/or the group of final recommended amendments. The Consultant will assist the City, as necessary, in the development and analysis of environmental checklists and other project submittals pursuant to a threshold determination. Principal activity regarding the environmental review will be conducted by the City. Task 2: Substantive Application Review Budget: $10,440 The Consultant shall assist the City Staff, as directed, in the review of each application, including: • Reviewing each request against the Plan policies and against the amendment criteria of Chapter 16.10.040 YMC • One discussion with each of the applicants at their request, to clarify issues raised during the Consultant's review (Assumes all interviews in one visit by Consultant to Yakima) • A visit to each site by the Consultant (Same visit to Yakima as applicant interviews or RPC meetings) • Preparation of preliminary reports and recommendations to the City Staff on each application, including the recommended disposition of each request. The budget for this element assumes a maximum of seven applications being submitted to the City. Task 3: Public Participation Budget: $ 1,385 The Consultant will assist the City Staff, as directed, in receiving public comments on the requests, including: • Soliciting and compiling comments from the public on the applications • Assistance with the preparation of notices in accordance with Chapter 16.10.080 YMC. Task 4: Formal Presentations Budget: $ 11,221 The Consultant will attend each of five Regional Planning Commission meetings, if necessary, during May, 2003 to assist the City Staff in presenting the research and findings of each application. The consultant will meet with Staff prior to each meeting for preparation and coordination and will attend the two-hour meeting of the Commission. The consultant will meet with Staff following the meeting to coordinate the next steps of the review process. (Assumes five meetings) The Consultant will assist the Staff and will attend the public hearing held by the Regional Planning Commission at the conclusion of its May workshop schedule. (Assumes one meeting) Upon a final recommendation by the Regional Planning Commission, the Consultant will prepare report for presentation to the Joint City Council and Yakima County Commissioners public hearing. (Assumes one meeting with Staff in Yakima) The Consultant will attend the Joint City Council and Yakima County Commissioners public hearing and assist with the presentation of the Regional Planning Commission recommendations. (Assumes one meeting) Task 5: Implementing Legislation Budget: $ 1,340 • Upon the conclusion of the hearing, the Consultant will assist the Staff in preparation of legislation implementing the findings of the Council. (Assumes one meeting with Council). Principal activity regarding this element will be conducted by the City. The Consultant will provide assistance in determining the content of implementing amendments and/or ordinances and will review the work products produced by City Staff. III. PAYMENT CLIENT agrees to pay CONSULTANT as compensation for these services hourly rates in accordance with the attached Fee Schedule (plus direct expenses in accordance with the schedule). The total fees and expenses for services described in the Scope of Work shall not exceed $26,400 without the expressed written authorization of the Client. Actual fees could exceed the budget estimate depending on the nature and complexity of issues, which may arise during discussions with the Client or applicants. It is agreed by the Client and Consultant that due diligence and practical approaches to resolving issues encountered will be the foremost consideration. Consultant shall keep Client advised of needed work elements that may exceed the scope of services described above. IV. RETAINER Retainer is waived for CLIENT. V. STANDARD PROVISIONS The attached Standard Provisions are incorporated into and made a part of this Agreement. CLIENT and CONSULTANT also agree to the following additional provisions: See Attachment A V. AUTHORIZED SIGNATORS SHOCKEYBRENT, INC. By;A Reid H. Shockey, President Date: City of Yakima By: (Authorized Signature) Name: Richard A. Zais Title: City Manager Date: -2147 a003 CITY CONTRACT NO:/� �3 RESOLUTION NO: f� ' 03 - /42. SHOCKEY/BRENT, INC. By Lau S. rent, AICP, Vice President Date:` ?Cie C/3 Exhibit A PROFESSIONAL SERVICES CONTRACT City of Yakima Comprehensive Plan Amendment Review Services THIS CONTRACT is entered into in duplicate originals between CITY OF YAKIMA, a municipal corporation, with its principal offices at , hereinafter "CLIENT," and ShockeyBrent. Inc., with its principal offices at 2716 Colby Avenue, Everett, WA 98201, hereinafter "CONSULTANT." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: on 1. DURATION OF CONTRACT The term of this Contract shall begin on the date last executed below, and shall terminate 2. SERVICES PROVIDED BY THE CONSULTANT a. A detailed description of the services to be performed by the CONSULTANT is set forth in Section II of this Agreement , which is attached hereto and incorporated herein by reference. b. The CONSULTANT agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the CLIENT. c. The CONSULTANT shall perform according to standard industry practice of the work specified by this Contract. d. The CONSULTANT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONSULTANT shall, from time to time, during the progress of the work, confer with the CLIENT. At the CLIENT'S request, the CONSULTANT shall prepare and present status reports on its work. 3. SERVICES PROVIDED BY THE CLIENT In order to assist the CONSULTANT in fulfilling its duties under this Contract, the CLIENT shall provide the following: a. Relevant information as exists to assist the CONSULTANT with the performance of the CONSULTANT'S services. b. Coordination with other CLIENT Departments or other Consultants as necessary for the performance of the CONSULTANT'S services. 4. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For CONSULTANT: Name of Representative: Reid H. Shockey Title: President Mailing Address: 2716 Colby Avenue City, State and Zip Code: Everett, WA 98201 Telephone Number: 425-258-9308 Fax Number: 425-259-4448 E-mail Address: rshockev@shockevbrent.com b. For CLIENT: Name of Representative: Doug Maples Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mail Address: 5. COMPENSATION a. For the services performed hereunder, the CONSULTANT shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the CLIENT to the CONSULTANT under this Contract shall not exceed $26,200. b. No payment shall be made for any work performed by the CONSULTANT, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. c. The CONSULTANT may, in accordance with Exhibit B, submit invoices to the CLIENT not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONSULTANT performed work for the CLIENT during the billing period. The CLIENT shall pay the CONSULTANT for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. d. The CONSULTANT shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the CLIENT. e. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the CLIENT, then the CLTFNT may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and all monies clue and payable to the CONSULTANT, without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONSULTANT in the performance of any work required under this Contract, the CONSULTANT shall make any and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the CLIENT. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the CLIENT. 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONSULTANT shall hold harmless, indemnify and defend the CLIENT, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by the CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CLIENT, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANT'S obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees or agents. b. In any and all claims against the CLIENT, its officers, officials, employees and agents by any employee of the CONSULTANT, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONSULTANT under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONSULTANT expressly waives any immunity the CONSULTANT might have had under such laws. By executing the Contract, the CONSULTANT acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONSULTANT makes with any CONSULTANT or agent performing work hereunder. c. The CONSULTANT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT'S employees, or agents. 8. INSURANCE a. Professional Legal Liability: Not Applicable b. Workers' Compensation: The CONSULTANT shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CITY OF YAKIMA Risk Management Division. If the CONSULTANT has employees, the CONSULTANT shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CITY OF YAKIMA that the CONSULTANT is currently paying Workers' Compensation. c. Commercial General Liability: The CONSULTANT shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. The CONSULTANT shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The CONSULTANT'S Commercial General Liability insurance shall include the CLIENT, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CLIENT as additional insured. iii. The CONSULTANT shall furnish the CLIENT with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the CLIENT as an additional insured. iv. If the CONSULTANT'S liability coverage is written as a claims made policy, then the CONSULTANT must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. If the Contract is over $50,000 then the CONSULTANT shall also maintain Employers Liability Coverage with a limit of not less than $1 million. d. Automobile Liability: The CONSULTANT shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000, each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non -owned automobiles. e. Other Insurance Provisions: i. The CONSULTANT'S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the CLIENT, its elected and appointed officers, officials, employees and agents. ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CLIENT, its officers, officials, employees or agents. iii. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. The CONSULTANT shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. i. Certificates of Insurance shall show the Certificate Holder as CITY OF YAKIMA and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. ii. Written notice of cancellation or change shall be mailed to the CLIENT at the following address: Attn: Risk Analyst iii. The CONSULTANT shall furnish the CLIENT with properly executed certificated of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the CLIENT. iv. The CONSULTANT or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the CITY OF YAKIMA Risk Management Division. 9. TERMINATION a. The CLIENT may terminate this Contract in whole or in part whenever the CLIENT determines, in its sole discretion, that such termination is in the best interests of the CLIENT. The CLIENT may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONSULTANT. In that event, the CLIENT shall pay the CONSULTANT for all costs incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the CLIENT may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CLIENT to the CONSULTANT. After the effective date, no charges incurred under this Contract are allowable. c. If the CONSULTANT breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CLIENT, the CLIENT may terminate this Contract, in which case the CLIENT shall pay the CONSULTANT only for the costs of services accepted by the CLIENT, in accordance with Section 5 of this Contract. Upon such termination, the CLIENT, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the CLIENT in completing the work and all damage sustained by the CLIENT by reason of the CONSULTANT'S breach. 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONSULTANT shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CLIENT. b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 11. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 12. INDEPENDENT CONSULTANT a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an Independent CONSULTANT and not as an agent, employee or servant of the CLIENT. The CONSULTANT specifically has the right to direct and control CONSULTANT'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract, and the CONSULTANT is not entitled to any CLIENT benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF YAKIMA employees. c. The CONSULTANT shall have and maintain complete responsibility and control over all of its subconsultants, employees, agents, and representatives. No subconsultant, employee, agent or representative of the CONSULTANT shall be or deem to be or act or purport to act as an employee, agent or representative of the CLIENT. d. The CONSULTANT shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, CLIENT, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the CLIENT'S contract representative or designee. 13. COMPLIANCE WITH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 14. INSPECTION OF BOOKS AND RECORDS The CLIENT may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 15. NONDISCRIMINATION The CONSULTANT, its assignees, delegatees or subconsultants shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 16. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be A works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the CLIENT. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CLIENT agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT. b. An electronic copy of all or a portion of material produced shall be submitted to the CLIENT upon request or at the end of the job using the word processing program and version specified by the CLIENT. 17. DISPUTES Differences between the CONSULTANT and the CLIENT, arising under and by virtue of this Contract, shall be brought to the attention of the CLIENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONSULTANT shall be decided by the CLIENT'S Contract representative or designee. All rulings, orders, instructions and decisions of the CLIENT'S contract representative shall be final and conclusive, subject to the CONSULTANT'S right to seek judicial relief pursuant to Section 18. 18. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in CITY OF YAKIMA, Washington. 19. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the CLIENT determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the CLIENT may, in its sole discretion, terminate this Contract. 20. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 21. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. EXHIBIT B PROFESSIONAL SERVICES CONTRACT CITY OF YAKIMA COMPENSATION The CONSULTANT'S compensation under this Contract, which is described in Section 5 of the Contract (COMPENSATION), is set forth as follows: 1. The maximum compensation for the scope of services outlined in this agreement is $26,400 2. In the event the owner requires extra services work not covered above, at the direction of the owner, work may be performed at the rates noted herein, provided the cost does not exceed Fee Schedule/Reimbursable Rates: Consultant Principal Clerical Shockey/Brent $125/hr $45/hr ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 'r/4 For Meeting of May 6, 2003 Consideration of a Resolution authorizing the City Manager of the City of Yakima to execute a consulting services agreement with Shockey Brent, Inc. and the use of Contingency Funds for the 2003 mandated Comprehensive Plan Amendment Process. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning Manager (509) 575-6121 SUMMARY EXPLANATION: With the shortage of planning staff, there is a need to hire a consultant to help with this year's comprehensive plan amendment process. There are approximately six applications for Future Land Use Map amendments that have been submitted to the City of Yakima this year. Three work session meetings and possibly three public hearings for these six applications represent a tremendous workload. It has been estimated that the consultant costs for this process would not exceed $26,200. The need to hire a consultant to help with the 2003 mandated Comprehensive Plan Amendments was not anticipated at the end of 2002 or the beginning of 2003. Resolution X Ordinance Other (Specify) Scope of Work Contract X Mail to (name and address): Phone: Funding Source City of Ya a' Contingency Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: The City Council approve the resolution and spending of contingency funds BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO R 2003-62 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES For City of Yakima Amendment No. 1 THIS CONTRACT AMENDMENT is entered into in duplicate originals between the City of Yakima, Washington, a municipal corporation, hereinafter "CLIENT," and Shockey/Brent. Inc., 2716 Colby Avenue, Everett, WA 98201, hereinafter referred to as "CONSULTANT." The Contract entered into on May 8, 2003 (Council Resolution R-2003-62) by mutual agreement of the parties is hereby amended as follows: Amendment 1.A Section III which now reads: III. PAYMENT Client agrees to pay Consultant as compensation for these services hourly rates in accordance with the attached Fee Schedule (plus direct expenses in accordance with the schedule). The total fees and expenses for services described in the Scope of Work shall not exceed $26,400, without the express written authorization of the Client. Actual fees could exceed the budget estimate depending on the nature and complexity of issues which may arise during discussions with the Client or applicants. It is agreed by the Client and Consultant that due diligence and practical approaches to resolving issues encountered will be the foremost consideration. Consultant shall keep Client advised of needed work elements which exceed the scope of services described above. Is hereby amended to read: III. PAYMENT Client agrees to pay consultant as compensation for these services hourly rates in accordance with the attached Fee Schedule (plus direct expenses in accordance with the schedule). The total fees and expenses for services described in the Scope of Work shall not exceed $50,000, without the express written authorization of the Client. Actual fees could exceed the budget estimate depending on the nature and complexity of issues which may arise during discussions with the Client or applicants. It is agreed by the Client and Consultant that due diligence and practical approaches to resolving issues encountered will be the foremost consideration. Consultant shall keep Client advised of needed work elements which exceed the scope of services described above. Amendment 1.B A new Task 6 is hereby added to read as follows: Task 6: Additional Services At the request of Client, Consultant has provided additional services, including environmental consulting services related to the transfer of a certain portion of Larson Park to the Yakima Valley Community College. Client requested and Consultant provided these services with the understanding that Consultant would be compensated for these services in accordance with rates set forth in Exhibit B. The parties hereby agree that Consultant will be compensated for these services in accordance with the rates set forth in Exhibit B. When requested to do so by Client, Consultant agrees to provide additional consulting services related to comprehensive planning and environmental issues. Consultant will be compensated for such services in accordance with the rates set forth in Exhibit B. To the extent necessary, this Agreement will be amended to reflect such additional consulting services. Amendment 1.0 Exhibit A, Section 5 which now reads, in part 5. COMPENSATION For the services performed hereunder, the Consultant shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the Client to Consultant under this Contract shall not exceed $26,200. Is hereby amended to read: 5. COMPENSATION For the services performed hereunder, the Consultant shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the Client to the Consultant under this Contract shall not exceed $50,000. All other elements of the contract dated May 8, 2003 remain in effect. Dated this /Q day of November, 2003. SHOCKEY/BRENT, INC. By: tC-2 Reid H. Shockey, President Dated: /i/.6ta City of Yakima By: R. A. Zais, Jr. City Manager Dated: /1- o ATTEST: Karen Roberts City Clerk City Contract No. ,Rzo -f{.3 Resolution No. f?-ade).3-- /31 SHOCKEY/BRENT, INC. Laura S. Brent, AICP, Vice President Dated: %% X424 RESOLUTION NO. R-2003- 138 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to City Contract No. 2003-43 with Shockey Brent, Inc. for environmental review services related to the transfer of a portion of Larson Park to Yakima Valley Community College. WHEREAS, due to staffing shortages within the Planning Division, the City of Yakima requires consulting services related to the annual comprehensive plan amendment process and environmental review issues; and WHEREAS, pursuant to Resolution No. R-2003-62, the City previously entered into a consulting services agreement (City Contract No. 2003-43) with Shockey Brent, Inc. to provide said services; and WHEREAS, at the request of City representatives, Shockey Brent, Inc. provided additional environmental consulting services related to the transfer of a portion of Larson Park to Yakima Valley Community College; and WHEREAS, these additional services were provided with the understanding of City representatives and Shockey Brent, Inc. that Shockey Brent Inc. would be compensated for these services in accordance with the compensation rate schedule attached to City Contract No. 2003-43; and WHEREAS, City Council is requested to authorize and approve the attached amendment to City Contract No. 2003-43 to include these additional services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached amendment to City Contract No. 2003-43 with Shockey Brent, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated amendment to City Contract No. 2003-43 consulting services agreement with Shockey Brent, Inc. for environmental review services related to the transfer of a portion of Larson Park to the Yakima Valley Community College. ADOPTED BY THE CITY COUNCIL this 4th day of November, 2003. 8/ MARY PLACE ATTEST: N 8. ROBERTS City Clerk (tk)resced-shockeycontract amendment -10-30` 3.1iin �y Mary Place, Mayor Certified to be a true and correct op of the original filed in my office. 7`,/j C CITY CLERK Deputy By BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 0 For Meeting Of: November 4, 2003 ITEM TITLE: Consideration of a resolution to authorize the City Manager to execute an amendment to Contract No. 2003-43 Shockey Brent Inc. for environmental services related to the transfer of a portion of Larson Park to the Yakima Valley Community College. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Bill Cook, 575-6113 SUMMARY EXPLANATION: Pursuant to Resolution No. R-2003-62, the City previously entered into a consulting services agreement (City Contract No. 2003-43) with Shockey Brent, Inc. to provide consulting services related to the annual comprehensive plan amendment process and environmental review issues. During the environmental review process associated with the transfer of Noel Field at Larson Park to the Yakima Valley Community College, it became necessary to have Shockey Brent, Inc. provide additional environmental review services beyond the scope of the ongmal contract. Shockey Brent, Inc. provided these additional services with the understanding of City representatives and Shockey Brent, Inc. that it would be compensated for these services in accordance with the compensation rate schedule attached to City Contract No. 2003-43. The City Council is requested to approve the attached resolution authorizing an amendment to City Contract No. 2003-43 to include these additional services and implement the understanding of the parties. Resolution Contract X Funding Source APPROVED FOR SUBMITTAL: City Manager Ordinance Other (Specify) Mail to (name and address): STAFF RECOMMENDATION: Adopt resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2003-138 5-%3-3-- . 00 D. -- THIRD AMENDMENT OF CITY CONTRACT NO. 2003-42 This Third Amendment of City Contract No. 2003-42 is made and entered into by and between Kittelson & Associates, Inc., a transportation planning and traffic engineering firm, hereinafter "Kittelson", and the City of Yakima, a Washington municipal corporation, hereinafter "City". WHEREAS, in the spring of 2003 the City entered into a professional services contract (City Contract No. 2003-42) with Kittelson to assist with the preparation and drafting of the City's Transportation Plan Update for a fee not to exceed $75,000; and WHEREAS, on April 25, 2005, pursuant to Yakima City Council Resolution 2005-28, the City entered into an Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility for an additional fee not to exceed $13,000; and WHEREAS, on April 4, 2006, pursuant to Yakima City Council Resolution, the City entered into a Second Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility for an additional fee not to exceed $13,000; and WHEREAS, the City now requires additional professional services related to said traffic engineering issues during the City Council's reconsideration of the Wal-Mart application following the remand hearing before the Hearing Examiner, presently scheduled to begin June 19, 2006, and desires to use Kittelson to provide these services; and WHEREAS, it is necessary to execute a Third Amendment to City Contract No. 2003-42 to provide these additional professional traffic engineering services; and WHEREAS, Kittelson is willing to provide these additional professional services in accordance with this third contract amendment for an additional fee not to exceed $10,000; NOW, THEREFORE, the City and Kittelson agree to this Third Amendment of City Contract No. 2003-42 as follows: In addition to the professional services as described and set forth in Section 1 and Exhibit A of City Contract No. 2003-42 and in the April 25, 2005 and April 4, (jc)cont/Kittelson- Amendment 3 1 2006 amendments to City Contract No. 2003-42, Kittelson shall provide the following additional professional environmental review services: • Wal-Mart Peer Review Tasks Anticipated: • Coordinate with City staff and consultant team in preparation for City Council's reconsideration of the Wal-Mart application following the hearing before the Hearing Examiner for the Wal-Mart Remand, presently set to begin on June 19, 2006. • Assist city staff with drafting of development agreement. • Attend future city council hearing following Hearing Examiner's decision on remand. The total fee for these additional services shall not exceed Ten Thousand Dollars ($10,000), bringing the total fee for all services performed under City Contract 2003-42, including services performed under the April 25, 2005 and April 4, 2006 Amendments to City Contract No. 2003-42, as well as this Third Amendment of City Contract No. 2003-42, to One Hundred Thirty -Three Thousand Dollars ($133,000.00). Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-42 and the April 25, 2005 and April 4, 2006 Amendments of City Contract No. 2003-42 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment of City Contract 2003-42 this /►3 day of ,2006. CITY OF YAKIMA By: KITTELSON & ASSOCIATES, INC. By: (- R. A. Zais, Jr., City Manager Julia Kuhn, Principal Engineer mss, ag,.e �a DATE: 6/4/o6 ATTEST: City Clerk CITY COPTRAC r NO: ea7,nd3 R-6'4,4062-79 RESOLUTION NO: n "-�vd 6 -79 (jc)cont/Kittelson- Amendment 3 2 CAP BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. cit For Meeting of May 16, 2006 ITEM TITLE: Consideration of Resolution authorizing amendments to various professional service agreements for work related to the Wal-Mart remand hearing before the Hearing Examiner on June 19th and conclusion of the City Council's Closed -Record Hearing to be scheduled including: A. Shockey Brent & Associates for technical planning services for Wal-Mart on Congdon Orchard site proposal at 64th Avenue B. Kittelson & Associates, Inc. for additional traffic engineering and environmental review services related to preparation for and presentation of the Transportation Plan Update associated with the Wal-Mart remand to the Hearing Examiner. SUBMITTED BY: William R. Cook, Director, Community and Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration and Planning Division (575-6121) SUMMARY EXPLANATION: Funding The funding for this contract amendment will continue to come from the City's contingency fund. Wal -Mart's legal counsel has assured staff that Wal-Mart will continue to reimburse the costs associated with the processing of their application, provided they are reasonable and legitimate. In spite of this commitment by Wal - Mart's legal counsel, the City of Yakima is still obligated and mandated to process the Wal-Mart application. Without Wal -Mart's commitment to reimburse these expenses, the City is obligated to pay these costs. Continued on next page Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Continge y. Fund to be reimb APPROVED FOR SUBMITTAL: rsed by Wal-Mart Cit Mana.er STAFF RECOMMENDATION: Pass resolution au`horizing the environmental contract amendment and approve the motion to use contingency funds for this amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: A. Resolution adopted. RESOLUTION R-2006-78 B. Resolution modified f adopted. RESOLUTION R-2006-79 1 Reimbursement To date the City has spent $205,165 on processing the Wal-Mart Class (2) application and Final Environmental Impact Statement (FEIS). Of this amount $179,559 has gone to fund a contract with Shockey Brent, Inc. which includes peer review subcontractors: Greenbusch (Noise) and Landau (Soils) who have reviewed environmental work prepared and submitted by Wal-Mart under a separate contract, $10,437 has been paid to Kittelson & Associates for peer review of Wal -Mart's traffic study for heir proposed new store in West Valley. The remaining $15,169 has been spent on meeting related expenses including audio/visual equipment, printing, etc. Of the $205,165, to date Wal-Mart has reimbursed the City $159,174 and a bill for reimbursement totaling $45.991 is still outstanding_ Process The Environmental Impact Statement (EIS) process took 28 months and in December 2005, the Hearing Examiner conducted a public hearing and issued a final decision in early January 2006. An appeal of the Hearing Examiner's decision was heard in April 2006 by the City Council. The City Council remanded two items back to the Hearing Examiner, which is scheduled for June 19, 2006. The proposed contract amendment before you today anticipates the additional cost of professional services for technical assistance in developing a staff report, attending and providing testimony at the Hearing Examiner's Remand Hearing and at the continued City Council closed record appeal hearing. The City contracted with technical professionals to assist in the review, address technical issues and to provide expert peer review for the city council, public and if necessary the courts. Through careful expert review of the application and environmental elements the FEIS has identified Iii major impacts this project may potentially bring to the proposed site. Additionally, the same technical experts provided technical oversight at the Hearing Examiner's public hearing and were available for the City Council's appeal hearing. Contract Amendment For your consideration today, we are asking Council to approve an additional amendment to the City's professional services contract with Shockey Brent, Inc (attached) to increase the total contract amount by $22,000. Of this amount $7,000 is for the peer review consultant costs. It is important to mention that this amount does not include the Transportation peer (Kittelson & Associates) review cost, which has been estimated to be $10,000. The contract amendment should be sufficient to fund the professional consulting services needed for the remand before the City of Yakima's Hearing Examiner on June 19, 2006 and the continued City Council Closed Record Appeal Hearing. However this amendment would not cover additional professional assistance, if needed, for a potential Superior Court Appeal of a Council decision. Should there be an appeal of the City Council's decision to Superior Court, Shockey Brent, Inc costs would be an additional $36,000 to provide expert testimony through the appeal process, which include the peer review consultant costs. Should an appeal be filed, 2 RESOLUTION NO. R 2006 - 79 A RESOLUTION authorizing and directing the City Manager to execute a third amendment to the professional services agreement between the City of Yakima and Kittelson & Associates, Inc. for additional traffic engineering and environmental review services related to City Council's reconsideration of the Wal-Mart application following remand to the Hearing Examiner. WHEREAS, in 2003 the City of Yakima (City) entered into a professional services contract (City Contract No. 2003-42) with Kittelson & Associates, Inc. (Kittelson) to assist with the preparation and drafting of the City's Transportation Plan Update for a fee not to exceed $75,000; and WHEREAS, pursuant to Yakima City Council Resolution 2005-28, the City entered into an Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility for an additional fee not to exceed $13,000; and WHEREAS, pursuant to Yakima City Council Resolution dated April 4, 2006, the City entered into a Second Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility and to assist the City during preparation for the Wal-Mart appeal hearings, for an additional fee not to exceed $35,000; and WHEREAS, the City now requires additional environmental review services related to said traffic issues during the City Council's reconsideration of the Wal-Mart application following the remand hearing before the Hearing Examiner, presently scheduled to begin June 19, 2006, and desires to use Kittelson to provide these services; and WHEREAS, Kittelson is willing to provide these additional environmental review services in accordance with the attached third contract amendment for an additional fee of not more than $10,000; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Third Amendment of City Contract No. 2003-42 with Kittelson for environmental review and remand hearing preparation services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Third Amendment of City Contract No. 2003-42" with Kittelson & Associates, Inc. for additional professional traffic engineering and environmental review services during (jc)res/Kittelson-Amendment 3 1 the City Council's reconsideration of the Wal-Mart application following the remand hearing before the Hearing Examiner, presently scheduled to begin June 19, 2006. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2006. /s/ DAVID EDLER ATTEST: David Edler, Mayor Is/ KAREN S. ROBERTS City Clerk (jc)res/Kittelson-Amendment 3 Certified to be a true and correct copy of the original filed in my office. 2