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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 (jc) / Consultant Services Agreement Page 1 Shockey /Brent, Inc. 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. (jc) / Consultant Services Agreement Page 2 Shockey /Brent, Inc. - 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. (jc) / Consultant Services Agreement Page 3 Shockey/Brent, Inc. 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 (jc) / Consultant Services Agreement Page 4 Shockey/Brent, Inc. 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. (jc) /Consultant Services Agreement Page 5 Shockey/Brent, Inc. 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:• ( I„ Yitt' 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. (jc) / Consultant Services Agreement Page 6 Shockey /Brent, Inc. 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. (jc) /Consultant Services Agreement Page 7 Shockey/Brent, Inc. 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 (jc) / Consultant Services Agreement Page 8 Shockey/Brent, Inc. 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 (ic) / Consultant Services Agreement Page 9 Shockey /Brent, Inc. 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: (jc) / Consultant Services Agreement Page 10 Shockey /Brent, Inc. 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% (jc) / Consultant Services Agreement Page 11 Shockey/Brent, Inc. 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. (jc) / Consultant Services Agreement Page 12 Shockey /Brent, Inc. 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: