Loading...
HomeMy WebLinkAboutR-2008-077 Shockey Brent Professional Services AgreementRESOLUTION NO. R-2008-77 A RESOLUTION authorizing the City Manager of the City of Yakima to ratify 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 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 Yakima Urban Area Zoning Ordinance Updates; 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 staff salary savings under General Fund 021 Planning Division; and WHEREAS, the City Council deems it to be in the best interest of the City to ratify 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 ratify 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 6th day of May, 2008. ATTEST: !/ (DJZAc›-L City Clerk Professional Services Contract Shockey Brent & Associates David Edler, ayor SHOCKT'YJ'J E Land Use'• Environmental Analysis � Permitting • Public Policy 2716 Colby Avenue, Everett; WA 98201 `425.258 9308 fax 425 259 4448 shockeybrent@shockeybrent.com CONSULTANT AGREEMENT - FOR PROFESSIONAL SERVICES ' : for ' City of Yakima, Washington - -Th'is:agreement is made and -entered .into on 'this 19th day of April, 2008, between the City of Yakima; a Washington municipal corporation, hereinafter referred' to ;as, CLIENT/CITY,' and , SHOCKEY/BRENT„INC., hereinafter, referred to as CONSULTANT. . ,CLIENT and -CONSULTANT for mutual consideration hereinafter set forth, agree as follows: OBJECTIVES The City of'Yakinia adopted an updatedI4comprehensive plan in compliance ,with -the Washington Growth Management Act (GMA) in December 2006. The CITY now wishes toproceed 'with implementation of Certain- revisions to -'the 'Yakima Urban. Area Zoning Ordinance, (UAZO) that are necessary to, better implement- the amended policies of the Comprehensive Plan; these include: , - V 1. General Yakima V Urban Area Zoning Code Updates This element implements the .review and,revisidn of the UAZO generally to' ensure overall compatibility and consistency within the several chapters of the ordinance; particularly relating to the review processes, development standards and related references,.notices and procedures. 2. Institutional Overlay , This element will provide review of 'the newly developed "Institutional Overlay” regulation for the Zoning- Ordinance., The new Institutional Overlay chapter of the UAZO 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. .CONSULTANT shall determine that the, new Institutional Overlay- chapter is consistent, with the lentire UAZO ,and meshes -with -the appropriate review procedure: - 3. Review of New Zoning Districts. - This element will provide,review- of Chapter.15.03 of the Urban Area Zoning Ordinance `.`Zoning District's" to ensure that it is consistent with; and .implements.the policies and goals of the comprehensive plan.' ' V 4. Master Planned Development This element will provide review of the new revised "Master Planned Development" chapter of 'the UAZO to ensure it is consistent. and 'compatible with related chapters of:the-UAZO'and that it supportsand implements the policies of the comprehensive plan. i Consultant Services Agreement ' " , Page 1 Shockey/Brent, Inc., F IC-miscICYAKl —Code Update\AdministrationlFinal Contract.doc_ City of Yakima II. SCOPE OF SERVICES The CONSULTANT 'agrees to perform the following described, consulting,- planning studies, and/or advisory services for the CLIENT: L Yakima Urban Area Zoning Code Update 'a.' Provide review' of draft zoning code' amendments. to: ensure amendments are consistent and, L. compatible with the comprehensive plan as,well as the entire UAZO, specifically with regard t� the `review ,processes; development standards and that it references the appropriate , ordinance ' sections to which itis pertinent. ` b. , Attend City Council meetings ,during the approval' process to assist, staff in explaining proposed 'amendments.- - , • 2. Institutional Overlay • „ • a. Provide' review of the newly developed "Institutional. Overlay" regulation for the Zoning_ Ordinance., Ensure that. the new "Institutional Overlay"' chapter of the UAZO will implement the' policies of the comprehensive plan, including those supporting needed expansions of hospital arid. community college facilities, and' those 'policies dealing' with neighborhood protections` and mitigation of institutional impacts. • CONSULTANT shall determine that the new "Institutional Overlay" chapter :is consistent with- the entire .UAZO and meshes ,with the appropriate review procedure. - b. Attend City Council meetings during lapproval process: 3. Review of New Zoning Districts a. "Provide .a' review of 'the new revised "Zoning District's" chapter of the .UAZO to ensure' it is 'consistent 'arid compatible with'related chapters of -the UAZO and' that it, supports and implements the policies=of the comprehensive plan. iL _ b. Attend City Council meetings duringapproval process. - 4. Master Planned Development a. Provide' a review 'of.the new revised',"Master Planned .Development" chapter of the UAZO to ensure it. is consistent and compatible with related chapters of the UAZO, and that it supports and implements. the policies of the comprehensive plan. ' " b. Attend City Council meetings duringapproval pro This•Scope of Work does not include the following: Surveying,'traffic analysis, or work perforined by other consultants: Appeals or court 'appearances beyond the jurisdiction of the City -of Yakima -.City Council. Mailing; posting.and/or publication, costs. Consultant Services Agreement , b ' Page 2 "Shockey/Brent, Inc. ' ' F IC, miscICYAK11—Code UpdatelAdininistration\Fink1 Contract.doc ry ,� ,City of Yakima ,PAYMENT a. As •compensation .for these services CITY 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',experises'-payable by the CITY'to the CONSULTANT for 'services described in the Scope of Work' herein° are estimated to be .and shall not, exceed Twenty Four „ Thousand Twenty Eight Dollars ($24,02;8.00), 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. , -j 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 paymentof 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 thi'rly (30) days from the date of receipt of billing.. >' d.' The CONSULTANT shall hot be paid for service's 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, r 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 mitioromissions or defects: • f. Unless otherwise specifically, provided for in this Contract or any ,exhibits ,or_ attachments . hereto, the CONSULTANT will not' b4aid 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.. 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 inaccordance.with -paragraph 6 of this Section of this Contract. 0 - Considtant'Services'Agreement Shockey/Brent, Inc. • ' . • . FIC-miscICYAKII — Code UpdatelAdministrationkFinal Contract:doc • Page 3; • • City of Yakima 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: ' I 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: Bill. Cook - Title: Director, Department of Community and Economic Mailing Address: 129,North Second Street -"" :City, State and Zip Code: ;Yakima, WA 98901 , Telephone Number:,75 _' 509-5-61'.13- " - ,.. •� Fax Number: • 509-576-6792 r E-mail Address: bcook@ei.yakim'a.wa.us • Development 3. 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.eitors 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 ina writteri' 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 CITY. S - • 4. HOLD HARMLESS AND INDEMNIFICATION a. The' CONSULTANT shalthold `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 a ' inthe performance of this Contract. ; Claims shall include, but not be limited to, claims that • • Consultant Services Agreement ' Page 4 Shoekey/Brent, 4Inc:, F IC-miscICYAKII —Code UpdateiAdministration\Final Conirdct.doc , ` l City -of Yakima , - 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 'ofthe sole negligence of the CITY, its officers,' officials, employees -or agents. • PROVIDED FURTHER, that in the event of theconcurrent 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 shallnot 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:5:1, 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;000,000.00., , 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 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. ' r 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 " endorsementpages of the policy showing the CITY asan additional insured. Consultant Services Agreement ' Page 5 , Shockey/Brent, Inc..• F IC-miscICYAKI1-Code UpdatelAdministra'ion\Final Contract;doc City of Yakima` 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 $50,000.00 then the CONSULTANT shall also maintain Employers Liability Coverage with a limit of not less than $1 million. ' c. ,''Automobile Liability.:, The CONSULTANT shall maintain' Business Automobile 'Liability insurance with ,a limit of not less than $1,000,000.00, each accident combined Bodily Injury and Property Damages. Coverage shall include owned; hired and non -owned automobiles. CONSULTANT Principal Reid Shockey; -as the sole representative on this project, maintains private insurance on his private vehicle; the business -does not maintain auto liability. , 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, eniployees 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. Best Company ratingsof 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. • • , . Consultant Services Agreement._. Page 6 Shockey/Brent, lric. ' F .IC-miscICYAKI l'— Code UpdatelAdministration\Final Contract.'doc, City'of Yakima iii;, The''CONSULTANT shall_ furnish the CITY with properly executed. -certificates of insurance or °asigned 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,itsysole 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 forithis 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. Terminationunder 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 (l0)..days of written -notice to do so by the CITY, the CITY may terminate this .Contract, in which case',the CITY' shaft 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 Ale CONSULTANT under this-0Contract shall not be.assigned, delegated, or, subcontracted to any other person or firm without the prior express written consent- of the CITY. it h• b. The -CONSULTANT .warrants that,. -it has not paid a 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,, oi other consideration Contingent upon or resulting from the -Award or snaking 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• 0 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. Consultant Services -Agreement - Page 7 _. Shockey/Brnt,. Inc. ' F 1C-miscICYAKI1— Code UpdatelAdministrationlFinal Contract.doc " City of Yakima 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, theright to direct and control CONSULTANT'S own activities in providing the.agreed services hi 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 regulation's, 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 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 subconsultahts 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 provisionshall be consistent with. RCW 49.60.400. 13. OWNERSHIP OF MATERIAL'S/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 l 976 .and shall be. owned by the CITY. Consultant Services Agreement - • Page 8 ' Shockey/Brent, Mc. " , F IC-miscICYAK?I —Code UpdatelAdministrationlFincil Contract.doc City of Yakima -., ,,5- This material includes,, but is, riot limited to, books, 'computer' programs, plans, specifications, ' documents, films, pamphlets, reports, sound -reproductions, studies, surveys, tapes, and/or,training „materials. Ownership includes theright 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 ora portion of material produced shall be subniitted'to the CITY upon request 'or at the end of the job using the word processing programand version specifiedby the CITY.. - •, 1`4. DISPUTES 'Differences between the CONSULTANT and the CITY, arising, under and by virtue of- this fthis 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 ofcompetent 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 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, exist's, 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 Consultant Services Agreement Page 9 - City of Yakima Shockey/Brent, Inc. - ' ' - F IC-miscICYAKII — Code UpdatelAdministratiorilFinalContract:doc - , , • 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 trepresentations or understandings not incorporatedin this Contract ,are specifically excluded. VI. AUTHORIZED SIGNATORS SHOCKEYBRENT, INC. By:' . Reid H. Shoeke ; AIC', Preside t Date: 7/0 ` r. I ; SHOCKEY r ; ENT; INC. s� „tBy; Aga ArAd Laur . B ent, AICP; Vice.President • • Date: �!(z 16g • Shockey/Brent, Inc. reserves the right to modify our timeframe and schedule of charges applicable to our services if the, execution of this contract extends beyond 60 days from the date signed above: ' • City of Yakima By, J R; A. Zais, Jr.,City Mahager_ Date: ' CITY CONTRAC r NO: RESOLUTION NO: Of 7/ l Consultant Services Agreement 1 Page 10 Shockey/Brent, Inc. ' E. IC-miscICYAKII - Code UpdatelAdministrationlFinal.Contract.doc , City of Yakima ATTACHMENT A SHOCKEY/BRENT, INC SCHEDULE OF 2008 , PROFESSIONAL SERVICE FEES • SERVICES CLASSIFICATION HOURLY RATE Managing .Principal$1'85.00 Senior Associate $150.00 $110.00 Wetland Scientist $110.00 Environmental Professional '' $110.00 Environmental Planner � - $100.00. Planner` ' $95.00_ Design Planner , $90:00 Associate Planner $75.00 Technical Support $70.00 Clerical $50.00 Senior Planner Expert Witness:," 11 fi. Consulting & Preparation Time 'Court Proceedings, & Depositions (4 -hour minimum): EXPENSES Standard Hourly Rates • Rate x.1.5- • - DIRECT EXPENSES `Single Page Copies, Bulk 'Copies Mileage FAX Copies Electronic Disk Copies • , Authorized Subconsultants Outside Services, (printing, etc.) CADD Station Plan,Sheet Prints Final Plotting Fee, -Living & 'Travel•Expenses ('outside of service area) ITEM RATE No Charge $..15 per page. $ .51 per mile $ .32"per page $1.00 each • Cost plus 10% Cost plus 10% $10.00 per hour $1.50 each $30.00 per sheet Cost.plus 10% • Consultant, Services Agreement - • • • - Page 1.1 Shocke5' Brent, Inc. ' .1t F IC,miscICYAK11=Code UpdatelAdministration\Final Contract.doc City of Yakima ATTACHMENT B" Shockey/Brent, Inc. Standard Provisions - ;,CLIENT and CONSULTANT also agree to the• following standard provisions:.. 1. Signing this Agreement shall be construed 'as authorization by CLIENT -for CONSULTANT to _ proceed with the work, unless otherwise provided for in the Agreement. ' 2. Either CLIENT 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 authorized 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, CLIENT 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 - belimited to the amount billed byand,,paid to the'CONSULTANT. , ' 5'. If CLIENT does not sign and retumcontraet and retainer (if applicable) within 60 days of the date signed by CONSULTANT, Shockey/Brent,.: Inc. reserves the : right .to modify our timeframe and schedule of charges applicable to our services. This is due to possible changes in ,CONSULTANT'S Schedule of Professional Services Fees and/or revisions to jurisdictional - requirements or codes.- Consultant Services Agreement ' ' ' • .Page 12, ' Shockey/Brent; Inc. • , ; • F IC-miscICYAKII—Code UpdatelAdministrationl'FinalContract:doc. City of Yakima • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I i For Meeting of May 6, 2008 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: Jeff Peters, Assistant Planner (575-6163) SUMMARY EXPLANATION: The Department of Community and Economic Development Planning Division has been preparing the Yakima Urban Area Zoning Ordinance Development Regulation Update, and the estimated timeline for completion of this process is July 2008. Due to recent staff vacancies and the current development workload, the division is unable to complete the YUAZO portion of the plan with internal resources. For this reason, staff is proposing to to contract with Shockey Brent & Associates to complete the following tasks: 1.) Review and updating of the Institutional Overlay; 2.) Master Planned Development Ordinance; 3.) Zoning district updates, and 4.) Overall review of the zoning ordinance to ensure functionality with all updated sections. Funding for the review and completion of the City of Yakima's proposed development regulations, will come from salary savings through the Community & Economic Development Division in the amount not to exceed $24,028, and the technical planning services contract is retroactive to April 18, 2008, the date of commencement. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Salary Savings — General Fund- 021 Planning Division APPROVED FOR SUBMITTAL: —��� City Manager STAFF RECOMMENDATION: Adopt the resolution ratifying the technical planning services contract. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: