HomeMy WebLinkAboutR-2006-079 Kittelson & Associates, Inc. Third (3rd) Agreement AmendmentRESOLUTION NO. R 2006 - 79
A RESOLUTION authorizing and directing the City Manager to execute a third
amendment to the professional services agreement between the City
of Yakima and Kittelson & Associates, Inc. for additional traffic
engineering and environmental review services related to City
Council's reconsideration of the Wal-Mart application following remand
to the Hearing Examiner.
WHEREAS, in 2003 the City of Yakima (City) entered into a professional services
contract (City Contract No. 2003-42) with Kittelson & Associates, Inc. (Kittelson) to assist
with the preparation and drafting of the City's Transportation Plan Update for a fee not to
exceed $75,000; and
WHEREAS, pursuant to Yakima City Council Resolution 2005-28, the City entered
into an Amendment of City Contract No. 2003-42 providing for additional traffic engineering
services related to the Wal-Mart Company's proposed retail facility for an additional fee not
to exceed $13,000; and
WHEREAS, pursuant to Yakima City Council Resolution dated April 4, 2006, the City
entered into a Second Amendment of City Contract No. 2003-42 providing for additional
traffic engineering services related to the Wal-Mart Company's proposed retail facility and to
assist the City during preparation for the Wal-Mart appeal hearings, for an additional fee not
to exceed $35,000; and
WHEREAS, the City now requires additional environmental review services related
to said traffic issues and desires to use Kittelson to provide these services; and
WHEREAS, Kittelson is willing to provide these additional environmental review
services in accordance with the attached third contract amendment for an additional fee of
not more than $10,000; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached Third Amendment of City Contract No. 2003-42 with Kittelson for
environmental review and remand hearing preparation services, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Third Amendment of City Contract No. 2003-42" with Kittelson & Associates,
Inc. for additional professional traffic engineering and environmental review services during
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the City Council's reconsideration of the Wal-Mart application following the remand hearing
before the Hearing Examiner, presently scheduled to begin June 19, 2006.
ADOPTED BY THE CITY COUNCIL this 16th d of May, 2006.
ATTEST:
City Clerk
(jc)res/Kittelson-Amendment 3
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avf•• Edler, Ma or
THIRD AMENDMENT OF CITY CONTRACT NO. 2003-42
This Third Amendment of City Contract No. 2003-42 is made and entered into by and
between Kittelson & Associates, Inc., a transportation planning and traffic engineering firm,
hereinafter "Kittelson", and the City of Yakima, a Washington municipal corporation, hereinafter
"City".
WHEREAS, in the spring of 2003 the City entered into a professional services contract
(City Contract No. 2003-42) with Kittelson to assist with the preparation and drafting of the City's
Transportation Plan Update for a fee not to exceed $75,000; and
WHEREAS, on April 25, 2005, pursuant to Yakima City Council Resolution 2005-28, the
City entered into an Amendment of City Contract No. 2003-42 providing for additional traffic
engineering services related to the Wal-Mart Company's proposed retail facility for an additional
fee not to exceed $13,000; and
WHEREAS, on April 4, 2006, pursuant to Yakima City Council Resolution, the City
entered into a Second Amendment of City Contract No. 2003-42 providing for additional traffic
engineering services related to the Wal-Mart Company's proposed retail facility for an additional
fee not to exceed $13,000; and
WHEREAS, the City now requires additional professional services related to said traffic
engineering issues during the City Council's reconsideration of the Wal-Mart application
following the remand hearing before the Hearing Examiner, presently scheduled to begin June
19, 2006, and desires to use Kittelson to provide these services; and
WHEREAS, it is necessary to execute a Third Amendment to City Contract No. 2003-42
to provide these additional professional traffic engineering services; and
WHEREAS, Kittelson is willing to provide these additional professional services in
accordance with this third contract amendment for an additional fee not to exceed $10,000;
NOW, THEREFORE, the City and Kittelson agree to this Third Amendment of City
Contract No. 2003-42 as follows:
In addition to the professional services as described and set forth in Section 1
and Exhibit A of City Contract No. 2003-42 and in the April 25, 2005 and April 4,
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2006 amendments to City Contract No. 2003-42, Kittelson shall provide the
following additional professional environmental review services:
• Wal-Mart Peer Review
Tasks Anticipated:
• Coordinate with City staff and consultant team in preparation for City
Council's reconsideration of the Wal-Mart application following the
hearing before the Hearing Examiner for the Wal-Mart Remand,
presently set to begin on June 19, 2006.
• Assist city staff with drafting of development agreement.
• Attend future city council hearing following Hearing Examiner's
decision on remand.
The total fee for these additional services shall not exceed Ten Thousand Dollars
($10,000), bringing the total fee for all services performed under City Contract
2003-42, including services performed under the April 25, 2005 and April 4, 2006
Amendments to City Contract No. 2003-42, as well as this Third Amendment of
City Contract No. 2003-42, to One Hundred Thirty -Three Thousand Dollars
($133,000.00).
Except to the extent expressly amended herein, all of the other terms and
conditions of City Contract 2003-42 and the April 25, 2005 and April 4, 2006
Amendments of City Contract No. 2003-42 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Amendment of City
Contract 2003-42 this /31' day of , 2006.
CITY OF YAKIMA
By: �. d
R. A. Zais, k, City Manager
DATE: 6/6/o6
ATTEST:
City Clerk
CITY CONTRAC r NO: a.3D0- 5/ a..
RESOLUTION NO: 0.?-4W6
Q-4W6 -79
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KITTELSON & ASSOCIATES, INC.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. q
For Meeting of May 16, 2006
ITEM TITLE: Consideration of Resolution authorizing amendments to various
professional service agreements for work related to the Wal-Mart remand
hearing before the Hearing Examiner on June 19th and conclusion of the
City Council's Closed -Record Hearing to be scheduled including:
A. Shockey Brent & Associates for technical planning services for
Wal-Mart on Congdon Orchard site proposal at 64th Avenue
B. Kittelson & Associates, Inc. for additional traffic engineering and environmental
review services related to preparation for and presentation of the Transportation Pian Update
associated with the Wal-Mart remand to the Hearing Examiner.
SUBMITTED BY: William R. Cook, Director, Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration
and Planning Division (575-6121)
SUMMARY EXPLANATION:
Funding
The funding for this contract amendment will continue to come from the City's
contingency fund,. Wal -Mart's legal counsel has assured staff that Wal-Mart will
continue to reimburse the costs associated with the processing of their application,
provided they are reasonable and legitimate. In spite of this commitment by Wal -
Mart's legal counsel, the City of Yakima is still obligated and mandated to process the
Wal-Mart application. Without Wal -Mart's commitment to reimburse these expenses,
the City is obligated to pay these costs.
Continued on next page
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address):
Phone:
Funding Source Contingen and to be reimb rsed by Wal-Mart
APPROVED FOR SUBMITTAL: � City Manager
STAFF RECOMMENDATION: Pass resolution au'Ihorizing the environmental contract
amendment and approve the motion to use contingency funds for this amendment.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: A) Resolution adopted. RESOLUTION NO. R-2006-78 (Shockey Brent)
B) Resolution adopted. RESOLUTION NO. R-2006-79 (Kittelson)
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Reimbursement
To date the City has spent $205,165 on processing the Wal-Mart Class (2) application
and Final Environmental Impact Statement (FEIS). Of this amount $179,559 has
gone to fund a contract with Shockey Brent, Inc. which includes peer review
subcontractors: Greenbusch (Noise) and Landau (Soils) who have reviewed
environmental work prepared and submitted by Wal-Mart under a separate contract,
$10,437 has been paid to Kittelson & Associates for peer review of Wal -Mart's traffic
study for their proposed new store in West Valley.
The remaining $15,169 has been spent on meeting related expenses including
audio/visual equipment, printing, etc.
Of the $205,165, to date Wal-Mart has reimbursed the City $159,174 and a bill for
reimbursement totaling $45,991 is still outstanding.
Process
The Environmental Impact Statement (EIS) process took 28 months and in
December 2005, the Hearing Examiner conducted a public hearing and issued a final
decision in early January 2006. An appeal of the Hearing Examiner's decision was
heard in April 2006 by the City Council. The City Council remanded two items back to
the Hearing Examiner, which is scheduled for June 19, 2006.
The proposed contract amendment before you today anticipates the additional cost
of professional services for technical assistance in developing a staff report, attending
and providing testimony at the Hearing Examiner's Remand Hearing and at the
continued City Council closed record appeal hearing.
The City contracted with technical professionals to assist in the review, address
technical issues and to provide expert peer review for the city council, public and if
necessary the courts. Through careful expert review of the application and
environmental elements the FEIS has identified all major impacts this project may
potentiallybring to the proposed site. Additionally, the same technical experts
provided technical oversight at the Hearing Examiner's public hearing and were
available for the City Council's appeal hearing.
Contract Amendment
For your consideration today, we are asking Council to approve an additional
amendment to the City's professional services contract with Shockey Brent, Inc
(attached) to increase the total contract amount by $22,000. Of this amount $7,000 is
for the peer review consultant costs. It isimportant to mention that this amount does
not include the Transportation peer (Kittelson & Associates) review cost, which has
been estimated to be $10,000.
The contract amendment should be sufficient to fund the professional consulting
services needed for the remand before the City of Yakima's Hearing Examiner on
June 19, 2006 and the continued City Council Closed Record Appeal Hearing.
However this amendment would not cover additional professional assistance, if
needed, for a potential Superior Court Appeal of a Council decision. Should there be
an appeal of the City Council's decision to Superior Court, Shockey Brent, Inc costs
would be an additional $36,000 to provide expert testimony through the appeal
process, which include the peer review consultant costs. Should an appeal be filed,
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we would request that Council approve an additional amendment to the contract
utilizing the Superior Court estimate of the Shockey Brent, Inc. contract. There would
also need to be an additional contractual amendment to the Kittelson & Associates
contract.
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