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