HomeMy WebLinkAboutR-2004-108 Shockey Brent, Inc. Contract Amendment (re: Contract 2003-28)RESOLUTIONzNO. R-2004-108 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to City Contract No. 2003-28 with Shockey Brent, Inc., to provide for additional environmental review services related to a new land use/rezone application regarding the possible siting and construction of a retail facility by the Wal-Mart Company at the general location of the southwest corner of West Nob Hill Boulevard and 64th Avenue, Yakima, Washington. WHEREAS, on March 18, 2003, the City Council of the City of Yakima passed Resolution No. R-200341 authorizing the execution of a professional services contract ("City Contract No. 2003-28") with Shockey Brent, Inc. ("Consultant"); and WHEREAS, on March 20, 2003, City Contract No. 2003-28 was executed by duly authorized representatives of the Consultant and the City; and WHEREAS, under City Contract No. 2003-28, the Consultant has provided environmental review services regarding the proposal of the Wal-Mart Company to construct a retail facility in the Nob Hill/ Meadowbrook/ Tieton area of the City of Yakima; and WHEREAS, on April 9, 2004, the Wal-Mart Company submitted a new land use/rezone application for the possible siting and construction of a retail facility at the general location of the southwest corner of West Nob Hill Boulevard and 64th Avenue, Yakima, Washington; and WHEREAS, the City required additional environmental review services related to the new land use/ rezone application; and WHEREAS, on April 20, 2004, the City Council authorized an amendment to City Contract No. 2003-28 to reflect this and that increased the compensation level from $25,000 to $40,000; and WHEREAS, due to the need for additional information and environmental review services related to said land use/rezone application, an additional amendment to the City Contract 2003-28 is requested; and WHEREAS, the Consultant is willing to provide these additional environmental review services in accordance with the attached amendment to City Contract No. 2003-28; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached contract amendment with Shockey Brent, Inc., to provide for additional environmental review services, 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 "Second Amendment to City Contract No. 2003-28" with Shockey Brent, Inc., to provide for additional environmental review services related to a new land use/rezone application regarding the possible siting and construction of a retail facility by the Wal-Mart Company at the general location of the southwest corner of West Nob Hill Boulevard and 64th Avenue, Yakima, Washington. The City Attorney shall approve the final form of the Agreement. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2004. ATTEST: Paul P. George, Mayor City Clerk t aweA/- /vRECEIVED AUG 0 2 2004 ITY OF SECOND AMENDMENT OF CITY CONTRACT NO. 2®911,2 DIVA This Amendment of City Contract No. 2003-28 is made and entered into by and between Shockey/Brent, Inc., a Washington corporation, hereinafter "Consultant," and the City of Yakima, a Washington municipal corporation, hereinafter "City." WHEREAS, on March 18, 2003, the City Council of the City of Yakima passed Resolution No. R-2003-41 authorizing the execution of a Professional Services Contract with the Consultant ("City Contract No. 2003-28"). WHEREAS, on March 20, 2003, City Contract No. 2003-28 was executed by duly authorized representatives of the Consultant and the City. WHEREAS, under City Contract No. 2003-28, the Consultant has provided environmental review services regarding the proposal of the Wal-Mart Company to construct a retail facility in the Nob Hill/Meadowbrookfileton area of the City of Yakima. WHEREAS, on April 9, 2004, the Wal-Mart Company submitted a new land use/rezone application for the possible siting and construction of a retail facility at the general location of the southwest corner of West Nob Hill Boulevard and 64th Avenue, Yakima, Washington. WHEREAS, the City required additional environmental review services related to the new land use/rezone application. WHEREAS, on April 20, 2004, the City Council authorized an amendment to City Contract No. 2003-28 to reflect this and that increased the compensation level from $25,000 to $40,000. WHEREAS, due to the need for additional information and environmental review services related to said land use/rezone application, an additional amendment to the City Contract 2003-28 is necessary. WHEREAS, the Consultant is willing to provide these additional environmental review services in accordance with this amendment to City Contract No. 2003-28. NOW, THEREFORE, the City and the Consultant agree to amend City Contract No. 2003-28 as follows: In addition to the environmental review services as described and set forth in Section 1 of City Contract No. 2003-28 and the subsequent Amendment authorized by City Council on April 20, 2004, the Consultant shall provide additional environmental review services as requested by the 1 RECEIVED AUG 0 2 2004 CITY OF YAKIMH City relative to the April 9, 2004, land use/rezone application of the Wal -PLANNING DIV. Mart Company regarding the potential siting and construction of a retail facility at the southwest corner of West Nob Hill Boulevard and 64th Avenue, Yakima, Washington, and/or regarding any other potential sites for said retail facility. In consideration of providing said environmental review services, the Consultant will be paid in accordance with hourly rates set forth in Section (5)(a) of City Contract No. 2003-28. The maximum total amount payable by the City to the Consultant under City Contract No. 2003-28, the Amendment authorized April 20, 2004, and this Amendment shall not exceed Sixty Thousand Dollars ($60,000.00). Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-28 and the Amendment authorized on April 20, 2004, between the City and the Consultant remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to City Contract 2003-28 this day of July, 2004. SHOCKEY BRENT, INC. CITY OF YAKIMA By: ��,a�w = By: Reid H. Shockey, Preside t Date: -7 By: u a S. Brent, AICP, Vice President Date: Z &A R. A. Zais, Jr., City Manager Date: .Tw( aai D..00' ATTEST: By: City Clerk Resolution No.: t- (,e) -V -/d, Contract No.: aD4,3 a8 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 16 Item No. For Meeting of July 20, 2004 ITEM TITLE: Consideration of resolution authorizing a contract amendment with Shockey Brent, Inc. to provide environmental review services to the City of Yakima and approving a motion to use contingency funds to cover the. cost of this amendment which will be reimbursed by the applica SUBMITTED BY: iam R. Cook, Director, Community and Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration and Planning Division (575-6121) SUMMARY EXPLANATION: On March 18, 2003, the City Council approved the initial contract of $25,000 for. Shockey Brent, Inc. to help process the Wal-Mart application and on April 20, 2004 an increase of $15,000 to cover the peer review for the Draft EIS. After the initial 'submission of documents for the DEIS it was found additional information was needed. This additional information requires further peer review processing and cost. Therefore, the contract necessitates an increase amendment of $20,000 to take us through the next phase of the environmental review of this project. This raises the total contract to $60,000. The applicant (Wal -mart) will reimburse all funds to the City for this application. The initial reason for hiring Shockey Brent, Associates was due tocritically low staffing levels to do the environmental review and preparation of corresponding documents regarding the Wal-Mart Company land use application. Attached for City Council consideration is a proposed amendment to the professional services contract with the Shockey Brent, Inc., a land use and environmental firm. Under the contract, the firm would continue to assist the Code Administration and Planning Division with the environmental review process regarding the Wal-Mart land use application for compensation. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Conting Fund to be reimbursed APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass resolution authorizing the contract amendment and approve the motion to use contingency funds for this amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-108