HomeMy WebLinkAboutR-2007-024 Shockey Brent & Associates AgreementRESOLUTION NO. R-2007- 24
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
Consultant Agreement for Professional Services; the City requires
professional planning services from Shockey/Brent, Inc. to provide the
City with technical planning assistance during the City's Development
Regulations update.
WHEREAS, the City of Yakima received a grant from the Washington State Department
of Community Trade & Economic Development (CTED) to update the City's Development
Regulation with a deadline for a review draft to be completed by June 30, 2007; and
WHEREAS, the City of Yakima Planning Division is temporarily unable to provide the
staff time needed to review the multitude of current applications for new development projects
within the City of Yakima resulting from the extremely active development cycle that Yakima is
currently experiencing, and at the same time complete the necessary 2007 Comprehensive
Plan amendments, Airport Safety Overlay and the Critical Areas ordinance; and
WHEREAS, the City Planning Division requires professional assistance from a
technically experienced consultant to assist with Development Regulation planning; and
WHEREAS, Shockey Brent & Associates has agreed to provide the necessary
professional expertise to the City Planning Division to assist the City with the development
regulation update process, provide technical information and advice and resolve specific issues
as necessary; and
WHEREAS, Shockey Brent & Associates agrees to provide these additional professional
services in accordance with the attached Consultant Agreement for Professional Services; and
WHEREAS, Shockey Brent & Associates will be compensated for the services provided
under the Consultant Agreement for Professional Services with the funds from a Washington
State Community Trade & Economic Department grant; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
execution of the attached Consultant Agreement with Shockey Brent & Associates to provide
the professional services specified therein; 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 "CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES"
with Shockey Brent & Associates, to provide professional planning technical assistance to the
City Planning Division during the updating of the City's development regulations.
ADOPTED BY THE CITY COUNCIL this 20th day of February, 2007.
ATTEST:
fist—boia- O_
City Clerk
Professional Services Contract
Shockey Brent & Associates
David Edler, Mayor
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this a day of 2007, between City of
Yakima, hereinafter referred to as CLIENT, and SHOCKEYBRENT, Inc., hereinafter referred to
as CONSULTANT.
CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows:
I. OBJECTIVES
The City of Yakima adopted an updated comprehensive plan in compliance with the Washington
Growth Management Act (GMA) in December 2006. The City now wishes to proceed with
implementation of certain elements of the Plan:
1. Future Land Use Map (FLUM) and Zoning Code Updates.
This element implements the Urban Area Comprehensive Plan Future Land Use Map (hereinafter
UACP FLUM) recommendations by developing property -specific designations based on the Land
Use Designations listed in the Plan text. Future designations will consider the compatibility table
(Table 4-1) as well as issues raised and resolved during the UACP approval process involving the
definition and location of certain land uses (e.g. Arterial Commercial, Regional Commercial,
Institutional designations, etc.).
The Zoning Code and zoning map will be amended to reflect the new FLUM designations and
new zoning designations.
2. Institutional Overlay.
This element will produce an "Institutional Overlay" regulation for the Zoning Ordinance. It will
implement the policies of the comprehensive plan, including those supporting needed expansions
of hospital and community college facilities, and those policies dealing with neighborhood
protections and mitigation of institutional impacts. The regulations will be developed in
cooperation with the community's institutions and neighborhood groups. It can be developed in
parallel with the master plans of the hospital(s) and college, but must be in place prior to formal
submittal of those plans for approval by the City.
II. SCOPE OF SERVICES
The CONSULTANT agrees to perform the following described consulting, planning studies,
and/or advisory services for the CLIENT.
1. Future Land Use Map (FLUM) and Zoning Code Updates
A. Prepare a report summarizing the UACP and describing the criteria for FLUM designations
based on the policies of the Plan, as well the comments from the public, key stakeholders, the
RPC and the City Council. This report will be circulated for public comment and will be
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reviewed by the RPC to ensure that all of the factors associated with the FLUM updating and
zoning implementation are considered.
B. Assist staff in identifying site-specific locations for FLUM changes, including the West
Valley Planning Area and Terrace Heights. This will involve discussions with Yakima County
Planning and service districts.
C. Develop "pro forma" zoning code text amendments describing the key elements of new and
amended zoning categories.
D. Review the zoning district designations, to include consideration of the compatibility table
(Table 4-1), as well as issues raised and resolved during the UACP approval process involving
the definition and location of certain land uses (e.g. Arterial Commercial, Regional Commercial,
Institutional designations, etc.).
E. Draft specific zoning code amendments as required to represent the determinations resulting
from the review process.
F. Attend community meetings to assist staff in explaining process and receiving public
comment.
G. Process SEPA and other procedural requirements.
H. Attend RPC and City Council meetings during approval process.
2. Institutional Overlay
A. Prepare a report summarizing the UACP, its policies and direction regarding Institution
development in the City. The report will outline the issues related to institution expansion, areas
of agreement and disagreement with adjacent neighborhoods and potential solutions. The report
will provide a "pro forma" outline of an Institutional Overlay regulation for discussion with
stakeholders. This report will be reviewed by the RPC, City staff and the City Council for
approval and comment.
B. Draft specific zoning code amendments as required to represent the determinations resulting
from the review process.
C. Assist in reviewing drafts of master site development plans as requested by local institutions
during and after code adoption.
D. Attend community meetings to assist staff in explaining process and receiving public
comment. This will include several meetings with key stakeholders (hospitals, Barge Chestnut
group, YVCC staff, etc.)
E. Process SEPA and other procedural requirements.
F. Attend RPC and City Council meetings during approval process.
This Scope of Work does not include the following:
- Filing fees and mitigation fees.
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- Wetland analysis, CAR report, mitigation plan and wetland monitoring.
- Surveying, traffic analysis, or work performed by other consultants.
- Appeals or court appearances beyond the jurisdiction of the City of Yakima City Council.
- Mailing, posting and/or publication costs.
III. PAYMENT
A. As compensation for these services CLIENT agrees to pay CONSULTANT hourly rates
and direct expenses in accordance with and identified in the Fee Schedule that is attached
hereto as Attachment A and incorporated herein by this reference.
The maximum total fees and expenses payable by the CITY to the CONSULTANT for
services described in the Scope of Work herein are estimated to be and shall not exceed Forty
Thousand Dollars ($40,000), unless agreed upon and amended in writing by the parties
hereto. The specific Scope of Work identified herein shall be funded by the City's receipt of
funding from the Washington Department of Community Trade and Economic Development
(DCTED), as conditioned by the provisions set forth in Section V, subsection (6)(b).
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 Attachment B attached hereto and incorporated
herein by this reference, submit invoices to the CITY 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 CITY during the billing period. The CITY 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 CITY.
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 CITY, then the CITY may, in its sole discretion, upon
written notice to the CONSULTANT, withhold any and all monies due 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 specifically 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.
IV. RETAINER
Retainer is waived for CLIENT.
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V. STANDARD PROVISIONS
1. TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall terminate upon
completion of all services required hereunder by the Consultant unless terminated earlier by the
City in accordance with paragraph 6 of this Section of this Contract.
2. 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: rshockey@shockeybrent.com
b. For CITY:
Name of Representative: Doug Maples
Title: Code Administration and Planning Manager
Mailing Address: 129 North Second Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number: 509 575-6121
Fax Number: 576-6576
E-mail Address: dmaples@ci.yakima.wa.us
3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONSULTANT in the perfolniance 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 CITY.
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
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under a Contract Amendment shall not proceed until the Contract Amendment is duly executed
by the CITY.
4. HOLD HARMLESS AND INDEMNIFICATION
a. The CONSULTANT shall hold harmless, indemnify and defend the CITY, 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 CITY, 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 CITY, 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.
5. INSURANCE
a. Workers' Compensation: The CONSULTANT shall maintain workers'
compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to
the CITY. 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 that the CONSULTANT is currently paying Workers'
Compensation.
b. 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.
i. The CONSULTANT shall provide Commercial General Liability coverage
which does not exclude any activity to be performed in fulfillment of this Contract.
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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
CITY, 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 CITY as an additional insured.
iii. The CONSULTANT shall furnish the CITY 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 CITY 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.
e. t��ttentobile Liability:m The --CONSULTANT-fthall--mxmtainaBusrness--Autoiraobile
-Liability-insurance- with a limit -of not less than $1;000,000; -each -accident combined -Bodily Injury
and Property-Darnages--Coverage..shall.-include owned„hired=and..-non-owned...automobiles:•
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d. Other Insurance Provisions:
i. The CONSULTANT'S liability insurance provisions shall be primary with
respect to any insurance or self-insurance programs covering the CITY, 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 CITY, 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.
e. 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.
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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 City's Contract
Representative identified in Section 4 of this Contract
iii. The CONSULTANT shall furnish the CITY with properly executed certificates
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 CITY.
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.
6. TERMINATION
a. The CITY may terminate this Contract in whole or in part whenever the CITY
determines, in its sole discretion, that such termination is in the best interests of the CITY. The
CITY may terminate this Contract upon giving thirty (30) days written notice by Certified Mail to
the CONSULTANT'S Contract Representative. In that event, the CITY 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 III 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 CITY 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 CITY 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 CITY, the CITY may terminate this
Contract, in which case the CITY shall pay the CONSULTANT only for the costs of services
accepted by the CITY, in accordance with Section III of this Contract. Upon such termination,
the CITY, at its discretion, may obtain performance of the work elsewhere, and the
CONSULTANT shall bear all costs and expenses incurred by the CITY in completing the work
and all damage sustained by the CITY by reason of the CONSULTANT'S breach.
7. 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 CITY.
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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.
8. 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.
9. 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 CITY. 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 III of this Contract, and the CONSULTANT is not entitled to any CITY
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 CITY.
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, federal or state legislation which is now or may be enacted during the term of this
Contract 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 CITY'S Contract Representative or designee.
10. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all applicable federal, state and local laws, rules
and regulations in performing this Contract.
11. INSPECTION OF BOOKS AND RECORDS
The CITY may, at reasonable times, inspect the books and records of the
CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all
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records required by this Contract for six (6) years after termination of this Contract for audit
purposes.
12. NONDISCRIMINATION
The CONSULTANT, its assignees, delegates 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.
13. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be
as , works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the CITY.
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 CITY 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
CITY upon request or at the end of the job using the word processing program and version
specified by the CITY.
14. DISPUTES
Differences between the CONSULTANT and the CITY, arising under and by virtue of
this Contract, shall be brought to the attention of the CITY 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 CITY'S Contract Representative or designee. All rulings, orders, instructions
and decisions of the CITY'S Contract Representative shall be final and conclusive, subject to the
CONSULTANT'S right to seek judicial relief pursuant to paragraph 15 of this Section.
15. 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 the CITY
OF YAKIMA, Washington.
16. 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
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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 CITY determine that the severed .portions substantially alter this Contract
so that the original intent and purpose of the Contract no longer exists, the CITY may, in its sole
discretion, terminate this Contract.
17. 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 paragraph 2 of this
Section. 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.
18. 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.
VI. AUTHORIZED SIGNATORS
SHOCKEY/BRENT, INC.
SHOCKEY$ RENT, I
1
By: ''z-�. sid B
Reid H. Shockey, AICP, Pret Laura
Date: 3/ 71a7 Dat
City of Yakima
By:
R. A. Zais, Jr., City Manager
Date: ai p 7
CITY CONTRAC r NO:
RESOLUTION NO:
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Vice P esident
Attachment A
SCHEDULE OF 2007
PROFESSIONAL SERVICE FEES
SERVICES
CLASSIFICATION HOURLY RATE
Managing Principal $170.00
Senior Associate .... $140.00
Senior Planner $105.00
Wetland Scientist .. .. $105.00
Environmental Specialist $95.00
Planner. $95 00
Design Planner $90 00
Associate Planner .$75.00
Technical Support $68.00
Clerical $50 00
Expert Witness:
Consulting & Preparation Time . Standard Hourly Rates
Court Proceedings & Depositions (4 -hour minimum) Rate x 1.5
EXPENSES
DIRECT EXPENSES ITEM RATE
Single Page Copies No Charge
Bulk Copies $ .15 per page
Mileage $ .49 per mile
FAX Copies $ .32 per page
Authorized Subconsultants. Cost plus 10%
Outside Services (printing, etc.) .. Cost plus 10%
CADD Station $10.00 per hour
Plan Sheet Prints $1.50 each
Final Plotting Fee. $30.00 per sheet
Living & Travel Expenses (outside of service area) Cost plus 10%
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Attachment B
Standard Provisions
CLIENT and CONSULTANT also agree to the following standard provisions:
1. Signing this Agreement shall be construed as authorization by CLI H,NT for
CONSULTANT to proceed with the work, unless otherwise provided for in the
Agreement.
2. Either CLI HNT or CONSULTANT may terminate this Agreement by giving 30 days
written notice to the other party. In such event, CLIENT shall forthwith pay
CONSULTANT in full for all work previously authonzed and performed prior to the
effective date of termination. If no notice of termination is given, relationships and
obligations created by this Agreement shall be terminated upon completion of all
applicable requirements of this Agreement.
3. Monthly invoices will be issued by CONSULTANT for all work performed under the
terms of this Agreement. Invoices are due and payable upon receipt. For accounts
which are 30 or more days past -due, CLI HNT agrees that CONSULTANT may, at
CONSULTANT's sole discretion, withhold plans, studies, reports and other work that
has been completed but not paid for until full payment is made.
4. Limit of Liability: Liability by CONSULTANT for any claims of negligence by
CLIENT shall be limited to the amount billed by and paid to the CONSULTANT.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
8
For Meeting of February 20, 2007
ITEM TITLE: Consideration of Resolution authorizing a professional services
agreement with Shockey Brent & Associates for technical planning
services for Development Regulations update.
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
As discussed at the January 30, 2007 City Council study session regarding
updating the City of Yakima's development regulations, the funding for this contract is
from a $40,000 grant the City received from Washington State Department of
Community Trade & Economic Development (CTED). The City will be working jointly
with Yakima County Planning since the CTED grant money has a regional
requirement built into the grant.
Process
The Development Regulation update, specifically, the Yakima Urban Area Zoning
Ordinance has two major components that must be addressed. The two major
components in the first phase of this update would include the review and updating of
the commercial zoning districts along with the review and update of Table 4-1.
During the update, there will be workshops, public meetings and a public hearing
before the Regional Planning Commission. During each of these sessions, there will
be many opportunities for citizen public participation.
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address):
Phone:
Funding Source CTED grant money
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION:Adopt the resolution authorizing the technical planning
services contract using CTED grant funds for this contract.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: