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HomeMy WebLinkAboutR-2003-041 Shockey Brent, Inc. ContractRESOLUTION NO. R-2003-41 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services contract with Shockey Brent, Inc. for the purpose of obtaining environmental review services. WHEREAS, the Wal-Mart Company proposes to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima; and WHEREAS, the City, in its role as lead agency under the Washington State Environmental Policy Act (RCW Chapter 43.21C) ("SEPA") is required to conduct a review of the potential environmental impacts of the proposal and issue a threshold determination; and WHEREAS, depending on said threshold determination, the City may be required to conduct further environmental review of the proposal, take steps to receive public comment, and prepare environmental review documents; and WHEREAS, in part due to low staffing levels, the City requires professional services to assist with said environmental review of the proposal; and WHEREAS, the Consultant has the experience and expertise regarding said services, and is willing to provide environmental review services to the City in accordance with the terms and conditions of the attached contract; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Shockey Brent, Inc. for the purpose of obtaining environmental review services regarding said Wal-Mart Company proposal, 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 professional services contract with Shockey Brent, Inc. for the purpose of obtaining environmental review services. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2003. ATTEST: City Clerk (lk)res-ced walmart shockey environ review 3-03.pm Mary Place, Mayor R -2oo3- !7 PROFESSIONAL SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT (hereinafter "Contract") is entered into m duplicate originals by and between CITY OF YAKIMA, a municipal corporation (hereinafter "CITY"), and Shockey/Brent. Inc., a Washington corporation (hereinafter "CONSULTANT"). WHEREAS, the Wal-Mart Company proposes to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City. WHEREAS, the CITY, in its role as lead agency under the Washington State Environmental Policy Act (RCW Chapter 43.21C) ("SEPA") is required to conduct a review of the potential environmental impacts of the proposal and issue a threshold determination. WHEREAS, depending on said threshold determination, the CITY may be required to conduct further environmental review of the proposal, take steps to receive public comment, and prepare environmental review documents. WHEREAS, in part due to low staffing levels, the CITY requires professional services to assist with said environmental review of the proposal. WHEREAS, the CONSULTANT is willing to provide environmental review services in accordance with the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the CITY and CONSULTANT as follows: 1. SERVICES PROVIDED BY THE CONSULTANT a. A detailed description of the services to be performed by the CONSULTANT is set forth in Exhibit A of this Agreement, which is attached hereto and incorporated herein by reference. b. The CONSULTANT agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the CITY. c. The CONSULTANT shall perform according to standard industry practice of the work specified by this Contract. 1 (Ik)ced walmart environ review shockey 3-03.pm d. The CONSULTANT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONSULTANT shall, from time to time, during the progress of the work, confer with the CITY. At the CITY'S request, the CONSULTANT shall prepare and present status reports on its work. 2. SERVICES PROVIDED BY THE CITY In order to assist the CONSULTANT in fulfilling its duties under this Contract, the CITY shall provide the following: a. Relevant information as exists to assist the CONSULTANT with the performance of the CONSULTANT'S services. b. Coordination with other CITY Departments or other Consultants as necessary for the performance of the CONSULTANT'S services. 3. 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 Section 9 of this Contract. 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: 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 2 (lk)ced walmart environ review shockey 3-03.pm 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 5. COMPENSATION a. For the services performed hereunder, the CONSULTANT shall be paid in accordance with the following mutually agreed rates: Consultant Principal Clerical Shockey/Brent $125/hr $45/hr The maximum total amount payable by the CITY to the CONSULTANT under this Contract shall not exceed Twenty Five Thousand Dollars ($25,000.00). 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 Exhibit B, 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. 3 (llc)ced walmart environ review shockey 3-03.pm f. Unless otherwise 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. 6. 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 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 under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the CITY. 7. 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 m 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. 4 (lk)ced walmart environ review shockey 3-03.pm 8. 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. 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. c. Automobile Liability: The CONSULTANT shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000, each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non -owned automobiles. 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. 5 (lk)ced walmart environ review shockey 3-03.pm 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 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. 9. 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 C1TY may terminate this Contract upon giving ten (10) 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 5 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 6 (lk)ced walmart environ review shockey 3.03.pm 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 5 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. 10. 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. 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. 11. 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. 12. 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 5 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. 7 (]k)ced walmart environ review shockey 3-03.pm 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. 13. COMPLIANCE WITH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 14. 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. 15. NONDISCRINIINATION The CONSULTANT, its assignees, delegatees 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. 16. 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. 8 (Ik)ced walmart environ review shockey 3-03.pm 17. 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 Section 18. 18. 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. 19. 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 exists, the CITY may, in its sole discretion, terminate this Contract. 20. 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 Section 4. 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. 21. 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. 9 ak)ced walmart environ review shockey 3-03.pm SHOCKEY/BRENT, INC. CITY OF YAKIMA By: rf5 Date: By,,/ aura S. Brent, AICP, Vice President ATTEST: Reid H. Shockey, Presid t (53 By: �> -S R.A. Zais, Jr., ity Manager Date: aD goo -3 Date: --2t'-6.3 (Ik)ced walmart environ review shockey 3-03.pm By: City Clerk Resolution No.: 2` '003- 41/ Contract No.: „zoo 3 - a.$ 10 EXHIBIT A SCOPE OF SERVICES The Consultant agrees to perform certain consulting, planning studies, and/or advisory services for the City of Yakima. These tasks are outlined as follows and would be conducted concurrent with each other as directed by the City: Task 1: Threshold Determination The Consultant will assist the SEPA Responsible Official in the preparation of necessary environmental documents (i.e., DNS, MDNS, DS) which addresses the environmental impacts of the Wal-Mart proposal. The Consultant will assist the City, as necessary, in the development and analysis of environmental checklists and other project submittals pursuant to a threshold determination. The following tasks will occur if a threshold determination results in the issuance of a Determination of Significance. Should a Determination of Non -Significance (DNS) or Mitigated Determination of Non -Significance (MDNS) be issued by the lead agency, the following tasks will not be necessary and will not be performed. Task 2: Scoping The Consultant will assist the City, as directed, in the preparation of scoping notices and requests for comments, in accordance with local and state rules and guidelines. The Consultant will plan, execute and facilitate a public scoping meeting and will coordinate collection of comments from the public. The Consultant will develop drafts of the Final Scoping document for review by the City, outlining topics to be addressed in a Draft EIS for approval by the Responsible Official. Task 3: Content of the EIS The Consultant will assist in defining alternatives to the proposal, including, at a minimum, a "No Action" alternative. He will confer with the project proponent and its consultant(s) to outline the content requirements of the Draft EIS and to reach agreement on a schedule for review. The Consultant will assist in the development of a contact list for agencies with jurisdiction. Task 4: Draft EIS Development The Consultant will provide assistance to the City, the project proponent and its consultants during the development of the Review Draft EIS to answer questions, clarify requirements and generally ensure that the analysis required to fulfill the objectives of the Scoping Notice is conducted. Upon presentation of the Review Draft to the City, the Consultant will perform a review of the document and recommend necessary edits, changes or additions to the Responsible Official. The Consultant will confer with the City and the project proponent to clarify issues raised. 11 (lk)ced walmart environ review shockey 3-03.pm Upon submittal of the revised Review Draft, the Consultant will assist the City in transforming the Review Draft to a formal Draft Environmental Impact Statement and will instruct the proposal proponent as necessary regarding production of a camera-ready version of the document for publication. Task 5: Draft EIS Review During the formal comment period, the Consultant, as directed by the City, will coordinate collection of responses from the public and commenting agencies. Responses that can be developed by the City will be coordinated by the Consultant. The Consultant, in concert with the City, will confer with the project proponent and/or its consultants on responses requiring technical analysis. As requested by the City, the Consultant will plan, execute and facilitate a public comment hearing during the formal comment period and will coordinate the recording of comments received. Draft "Responses to Comments" submitted by the project proponent will be reviewed and edited by the Consultant. The Consultant will provide its opinion to the Responsible Official on the adequacy of the project proponent's analysis of issues and will recommend what, if any, additional analysis is required based on comments received. Task 6: Final EIS The Consultant will work with the City to develop guidelines for the project proponent in the preparation of a Review Draft of the Final EIS ("FEIS"). The Consultant will confer with consultants for the project proponent to clarify expectations for the FEIS. Upon submittal of the Review Draft, the Consultant will provide comment to the City on the adequacy of the document. The Consultant will work with the City to determine changes necessary for completion of the FEIS. Upon submittal of a Final EIS meeting the requirements of SEPA and City procedures, the Consultant will work with the project proponent, as directed, in the production of a camera-ready document for publication. 12 (lk)ced wahnart environ review shockey 3-03.pm 2003 Consultant Roster Statement of Qualifications Shockey/Brent, Inc. has been providing outstanding land use planning and environmental services to the Puget Sound region for more than 23 years. FIRM SIZE AND EXPERIENCE Shockey/Brent, Inc. is a multi -disciplinary land use planning firm. Our team includes full-time professionals, experienced in environmental analysis, land use, public policy and management of civil engineering needs. We offer in-house wetland resources and critical areas expertise. Our major projects have ranged from siting of a 1,350 -acre quarry site in Snohomish County as project environmental manager and EIS author, to the planning and permitting of a $60 million Special Events Center, and the Snohomish County governmental campus master plan in Everett. ShockeyfBrent, Inc. is currently under contract with Thurston County on its Regional Justice Center Project. We have represented individuals, public agencies and corporations on a host of planning issues. With the capability to handle projects of any size, we are small enough to guarantee hands-on participation by the firm's principals. Our size and management organization affords us the opportunity to immediately address a project's key issues. This enables us to provide alternatives that meet your goals and move a project forward with great success. Governmental agencies, public districts and private sector clients throughout the state of Washington have utilized our services for more than two decades. Shockey/Brent's experience in project permitting, critical areas and wetlands analysis, land use and environmental planning, and the State Environmental Policy Act is well recognized by government and private sector clients throughout the Puget Sound region. We specialize in environmental services (including wetlands, critical areas and environmental audits), site feasibilities, capital facilities planning, municipal services, public involvement, urban design, project permitting, public policy, and management of site civil engineering. We provide knowledgeable assistance in the areas of agency coordination, community involvement and public notification. We have developed strong abilities in municipal and public district projects, and have several staff members who specialize in growth management planning, project permitting and environmental planning services. We act as the on-going environmental planning consultant/project manager for a number of school districts in the region. Shockey/Brent, Inc. was established in 1980 as Shockey & Associates. Founder and Principal Reid H. Shockey is a native and life-long resident of the Puget Sound region. Mr. Shockey has spent over eleven years in government. SHOCKEY BRENT, INC. 2 2003 Consultant Roster Statement of Qualifications Laura S. Brent, AICP, Principal, is also a long-time resident of the Puget Sound region. Having been with the firm since its inception, Ms. Brent brings a balance of both public and private sector experience as well as an entrepreneurial spirit to the firm. Shockey/Brent, Inc. specializes in assisting private sector clients to understand and work with the public sector, and in assisting the public sector to understand and respond to private sector needs. All of us at Shockey/Brent, Inc. pride ourselves on our reputation for balanced service to both the private and public sectors in what is too often an "us -versus -them" environment. All staff members at Shockey/Brent, Inc. are actively involved within their local communities in an effort to maintain the high quality of life that we all enjoy in the Puget Sound region. Mr. Shockey is active in many community groups. He is immediate Past Chair of the Snohomish County Economic Development Council (EDC) and is a member of the Citizen Oversight Panel of Sound Transit. He is the Past -President of the Everett Area Chamber of Commerce, Past Chair of the Providence Hospital Community Board, and Past President of the Snohomish County Committee for Improved Transportation (SCCIT). Ms. Brent is President of Providence Hospice and Homecare of Snohomish County. She is a past Board Member and Division Chair of the Everett Area Chamber of Commerce, a former Vice -President of the Greater Everett Area Chapter of the National Association of Women in Construction, and a former Co - Chair for the City of Mukilteo Capital Facilities Committee. Also, she was a committee member for the Downtown Everett Subarea Plan, which was an integration of SEPA/GMA into a "Planned Action" process for the downtown core. She served on the METRO Citizens Water Quality Advisory Committee. Ms. Brent has been a Member of the American Institute of Certified Planners since 1986. ShockeyfBrent, Inc. has implemented a Client Excellence Program. Our staff has earned the reputation for being responsive to our clients' goals, our creative project approaches and solutions to project constraints (including timing and budget). Recognized as highly competent negotiators, our knowledge of area regulations and ability to work with key stakeholders affords a great opportunity for success of our varied projects. Our focus is on moving the project forward, always protecting the project goals, and yet fmding appropriate compromise if necessary. A key to our success is that we take pride in producing an outcome responsive to our clients' needs. Commitment to our clients is the backbone of our service, and quality of service is our number one goal. SHOCKEY BRENT, INC. 3 2003 Consultant Roster Statement of Qualifications Shockey/Brent, Inc. has a professionally experienced staff to draw upon, including: Reid H. Shockey, Principal, over 35 years of professional experience Laura S. Brent, AICP, Principal, over 23 years of professional experience Richard L. McArdle, Landscape Architect and Senior Associate, over 26 years of professional experience Joseph N. Brown, Design Planner, over 14 years of professional experience Steven M. Johnson, Certified Environmental Inspector (CEI), Biologist/ Environmental Planner, over 5 years of professional experience Paula O. Townsell, Certified Environmental Inspector (CEI), Marketing/Special Projects, over 21 years of professional experience Camie S. Anderson, Planner, over 4 years of professional experience Jennifer D. Haith, Office Administrator Kim B. Vos, Office Assistant SHOCKEY BRENT, INC. 4 2003 Consultant Roster Statement of Qualifications Listed below are the specific services available at Shockey/Brent, Inc. Our land use and environmental planners are extensively cross -trained in all elements of our practice. This ensures that basic planning functions can be performed by all levels of staff, allowing lower project costs and the ability to meet peak -workload demands. ENVIRONMENTAL ANALYSIS • Environmental Documentation (all aspects of NEPA and SEPA) Environmental Checklists Environmental Assessments (Level I) • Alternatives Analysis Biological Evaluations ▪ Critical Areas and Sensitive Area Studies Endangered Species Act Compliance Expert Witness/Testimony Habitat Restoration and Mitigation Hydraulic Permit Applications (HPA) JARPA Permits Mitigation Monitoring Stream Corridor Identification Shoreline Permits USACOE 404 Permits Wetland Delineation Wetland Permitting / Regulatory Review Wetland/Stream Impact Mitigation Shockey Brent, Inc. has considerable experience working with wetlands and biological resources. Wetlands, streams, rivers, steep slopes and other environmentally sensitive areas can significantly impact a development proposal. We specialize in wetland and stream delineations, critical area studies, mitigation plans and shoreline permits. Through creative solutions we are able to promote economic development and protect environmental resources. It is our belief that responsible development can coincide with environmental protection when decisions are based on sound scientific information. Our staff includes two Certified Environmental Inspectors. We have been conducting Level 1 - Environmental Audits for over two decades for private and public sector clients. Our expertise allows us to combine the basic information of an environmental audit with biological and wetlands background assessments, and available land use planning information, to provide a comprehensive analysis of a potential project early -on. This can mean a substantial time and fmancial savings for you. SHOCKEY BRENT, INC. 5 2003 Consultant Roster Statement of Qualifications URBAN DESIGN Community Planning and Design Community Workshops and Design Charettes Design of Streetscapes Design Guidelines and Standards Development Services Landscape and Open Space Design Master Planning Public Involvement Site Selection and Feasibility Studies Urban Design Plans and Studies Visual Analyses Shockey/Brent, Inc. assists local governments, schools and other larger institutions in developing master plans, standards and guidelines for landscape and open space plans, civic and shopping centers, recreation areas, streetscapes, and greenways and roadways which have a significant impact on the built environment and are intended for public use. We develop stakeholder participation processes that help our clients create plans for major developments that will meet the aesthetic, historic, economic and cultural needs of a community. Stakeholders are guided step-by-step through a creative process culminating in conceptual plans and guidelines. Our professional staff takes these guidelines a step further to help develop standards for use by local governments in their codes and ordinances. In the case of site-specific projects (schools in particular), we work with clients to marshal all the resources and subcontractors to produce site plans that meet all existing guidelines and standards, and provide efficient, timeless and exceptional spaces. Shockey/Brent, Inc. is committed to the principles of new urbanism, protecting our environment, and creating better living environments through quality design. PUBLIC INVOLVEMENT a Community Surveys Informal Open Houses Informational Area Mailings Newsletters Personal Contacts/Liaison Stakeholder Groups Town Meetings Workshops The Shockey/Brent, Inc. team is well aware of the importance of public involvement in a project. Public involvement is essential to the planning process. It is important that the community understands and feels comfortable with development in their neighborhood. Our team understands this and is always available to contact interested persons regarding your project. We have extensive expertise in developing and implementing community outreach programs. Our experience in public involvement ranges from personal contacts to open houses and workshops. At these workshops and open houses, technical staff consultants are available to answer detailed questions, as is the planner from Shockey/Brent, Inc.; this allows the citizen to leave the event feeling educated and SHOCKEY BRENT, INC. 6 2003 Consultant Roster Statement of Qualifications informed about the proposal. Our clients are confident in the ability of Shockey/Brent, Inc. staff to dialogue with public officials, other technical consultants, community groups and the general public. LAND USE AND PROPERTY ANALYSES Agency/Jurisdiction Coordinators • Appraisal Support Capital Facilities Plans Comprehensive Plan Amendments and Docketing a Condemnation/Acquisition Support • Development Feasibility • Development Permitting Analysis • Development Potential • Economic Development Planning • Environmental Consulting • Environmentally Sensitive Areas Evaluation Expert Witness/Testimony Facility Site Identification (Criteria Development and Alternative Site Selection) Feasibility Studies and Site Planning Land Use Alternatives Master Planning Mitigation Analysis Permitting Services Project Management and Advocacy Site Selection Utilities Availability and Servicing Zoning and Comprehensive Plan Analysis ShockeyBrent, Inc. has extensive experience in analyzing the land use aspects of property acquisition and development. Our work is tailored to meet the specific objectives of each client, from thorough background research and data gathering to concise, readable summary reports. We are retained by private landowners, purchasers, attorneys, and appraisers, as well as school districts and other public agencies for our services. We have processed project permits throughout the Puget Sound region. By focusing on project goals, we are able to direct resources to meet the necessary milestones and work towards a predictable outcome. In what can appear to be an uncertain environment, our experience allows us to guide you through the process in as timely and efficient of a manner as possible. Our professional planning staff and in-house wetlands/critical areas expertise enable us to develop thoughtful and complete approaches for planning and permitting projects of all sizes. PUBLIC POLICY • Policy Drafting Policy Review and Analysis Advocacy Successful projects require a thorough understanding of the policy framework against which they will be measured. ShockeyBrent, Inc. has provided policy assistance to public and private clients since its founding in 1980, in some cases SHOCKEY BRENT, INC. 7 2003 Consultant Roster Statement of Qualifications analyzing policy as it affects project development; in other cases working to change policies to keep them current and relevant. Shockey/Brent, Inc. has worked on the development of numerous comprehensive plans and amendments, including those of Everett, Marysville, Mukilteo, Edmonds and Jefferson County. Reid Shockey has worked for over 16 years in the area of transportation policy and fmancing, having co-founded the Snohomish County Committee for Improved Transportation (SCCIT), a recognized and respected transportation interest group. He also Chairs the Snohomish County Economic Development Council and has been instrumental in the formulation of its economic investment strategy, a major policy initiative. Principals of Shockey/Brent, Inc. have had extensive involvement in policy analysis on behalf of both public and private clients. These activities include amendments to growth management comprehensive plans ("docketing"), development of capital facilities plans for several Snohomish County school districts, work on local legislation as part of local interest groups (e.g., SCCIT, Professional Consultants of Snohomish County) and through service on numerous advisory committees. Such volunteer service is a part of the Shockey/Brent culture of commitment to improving our local communities. Beyond that commitment, such service provides a current and comprehensive view of the policies affecting our areas of expertise, thereby maintaining our quality of service to clients. MUNICIPAL SERVICES • Agency/Jurisdiction Coordinators • Annexations • Capital Facility Plans • Comprehensive Plans, GMA Updates and Amendments Council Advisory Services Development Review/Permitting Services District/Agency Representation as "Lead Agency" Expert Witness/Testimony Feasibility Studies Incorporations and LID/ULIDs ShockeylBrent, Inc. has incorporated their public policy work with a wide range of services they offer municipal clients. In addition to expertise in the development of comprehensive plans and capital facilities plan, Shockey/Brent, Inc. has a depth of experience in analyzing annexation impacts and providing land use feasibility studies for public clients. As experts in determining the potential for development, the firm has provided expert witness testimony on behalf of public agencies as they determine the value of a particular piece of property. Included in this review is a detailed analysis that can be provided by the certified environmental inspectors on staff, which provides an important addition to this type of review. This produces a complete integrated work product for public clients. Shockey/Brent, Inc. has provided consulting services for over 200 -school projects throughout the Puget Sound region. Laura Brent has worked extensively with all SHOCKEY BRENT, INC. 8 2003 Consultant Roster Statement of Qualifications the major school districts in Snohomish County, the Seattle School District and the Auburn School District in providing guidance on capital facility projects. Critical guidance is provided on the responsibilities of the environmental process and fulfillment of the Sate Environmental Policy Act for special district clients. Representation through the complex permitting process has been provided that recognizes the special considerations of budget and timing constraints of public projects. A key component for municipal services is the ability of the ShockeyBrent, Inc. team to integrate the needs of the client with other reviewing jurisdictions and the community at large. This strength of the firm is recognized throughout the spectrum of clients. Comprehensive land use planning and environmental services provide you with in-house know-how to provide realistic and cost-effective solutions for your project. ShockeylBrent, Inc. has been serving the both public and private sector clients since 1980. Clients are located throughout Washington; however, the primary concentration has been within the Puget Sound region. Below is a representative listing of project experience. A partial client list follows. ANNEXATIONS • 19th Avenue SE (Murhpy's Corner) • 100th Street SE (Stormo) Arlington (Brost), Snohomish County Bothell, Snohomish County (Area Database) Granite Falls, Snohomish County (Shingle) • Lynnwood, Snohomish County (Survey) Marysville/Arlington, Snohomish County • Mill Creek, Snohomish County (Lively) Mukilteo, Snohomish County (Harbour Pointe) Murphy's Corner, Snohomish County (Venture) Silver Lake, Snohomish County (Everett School Dist.) COMPREHENSIVE PLAN UPDATES • Comprehensive Plan, Mukilteo Annexation Area • Mukilteo Zoning Code Amendments Implementation Program, Highway 99 Improvement Program, City of Edmonds Neighborhood Analysis, Citizens to Save Interbay Planning Consultant, Capital Improvements Program, Everett School District Planning Consultant, Capital Improvements Program, Northshore School District Planning Consultant, Sub -Area Comprehensive Plan, City of Marysville SHOCKEY BRENT, INC. 9 2003 Consultant Roster Statement of Qualifications DESIGN & LAYOUT OF PLATS/DEVELOPMENTS • Cambridge Plat, Marysville • Little Pilchuck Plats, Arlington • Devondale Preliminary Plat, Stanwood • Mission Ridge Estates Preliminary Plat • Fire Trail Estates PRD, Lake Goodwin • Pilchuck Meadows Plat, Lake Stevens • Forest Ridge Plat, Mukilteo ▪ Starcreek Estates Plat, Snohomish County • Getchell Highlands Plats, Marysville • Thunder Ridge Plat, Lake Rossinger ▪ Kellogg Village PRD, Snohomish County • McClure Properties Preliminary Plat, Arlington • Bierman Preliminary Plat, Unincorporated Snohomish County • Himilaya Homes Preliminary Plat, Unincorporated Snohomish County • Harbour Homes Preliminary Plat, Lake Stevens DEVELOPMENT PROJECT ANALYSIS AND REVIEW • Former Community Development Director for City of Everett (Shockey) • Technical Assistance, Jefferson County Planning Department • Technical Assistance, City of Marysville Planning Department Technical Assistance, City of Mukilteo Planning Department ENVIRONMENTAL ASSESSMENTS/AUDITS • Aify's Pizza, Smokey Point 9 Everett School District, Casino Rd (two sites) • Bethany of the Northwest, Everett • Everett School District, Mill Creek • Dennis Peacock, Everett Everett School District, Water Station • Embree Construction, Snohomish County • Everett School District, Rainier Ave. • Everett School District, Heatherwood • Larry Pavish, Marysville, two • Everett School District, Silver Lake • Wilder Construction, Granite Falls • City of Kirkland, 116th Avenue NE • First Heritage Bank, Everett Everett School District, Everett Ave. Everett School District, Maintenance Facility ENVIRONMENTAL IMPACT STUDIES • 132nd Street, South Everett Rinker Materials, Granite Falls Site Brost, Industrial Park, South Arlington Annexation SHOCKEY BRENT, INC. 10 2003 Consultant Roster Statement of Qualifications City of Union Gap, Commercial Development • City of Everett, Special Events Center Design Report, 112th St.Beverly Park Edmonds Rd., City of Everett and Snohomish County • Economic Development Council, City of Everett, SW Everett Study Everett School District, Middle School #5 Everett School District, Henry M. Jackson High School, Mill Creek Jefferson County, Comprehensive Plan Amendments • Mercer Island School District, High School Modernization • Rabanco Company, Monroe Transfer Station Residential - Hanna, Snohomish County • Stratham Group, Plat of Lake Stevens Woods Snohomish County Master Plan Threefold Construction, Snohomish County FEASIBILITY/HIGHEST AND BEST USE STUDIES • Arlington School District, Site Selection, Arlington Rinker Materials, Hansen Farm, Monroe Rinker Materials, Trafton • Blake Brothers, SE Everett Cascade Savings & Loan, Rydman Estate, Snohomish County Everett School District, Everett, Silver Lake and Mill Creek Everett Suzuki, Everett Harbour Homes, Evergreen Court, Lake Stevens Northshore School District, Bothell • Providence Hospital, Murphy's Corner, Snohomish County Snohomish County Public Works, Ash Way, Snohomish County Snohomish County Sheriffs Office, Everett Stanwood School District, Stanwood YMCA, Mukilteo MUNICIPAL FACILITIES SITE SELECTION • Site Feasibility Study, Providence Hospital Site Selection and Feasibility, Everett Clinic School Siting, Arlington School District School Siting, Everett School District Transportation Facility, Northshore School District Downtown Bothell School Facilities, Northshore School District PERMIT PING O City of Federal Way, Process Permit Review, City of Federal Way • Associated Sand & Gravel, Conditional Use Permit, Section 404, Arlington n Auburn School District, Conditional Use Permit, New Construction • Bickford Motors, Grading, Building, Snohomish County Concrete Nor'west, Conditional Use Permit, Granite Falls SHOCKEY BRENT, INC. 11 2003 Consultant Roster Statement of Qualifications Edmonds School District, Conditional Use Permits, New Construction, Remodel/Additions, Portables/locating Enterprise Lumber, Non -Conforming Use Permit, Oso • Everett School District, Conditional Use Permits, New Construction, Remodel/Additions, Portables/locating • Lakewood School District, Conditional Use Permits, New Construction, RemodelAdditions, Portables/locating Living World Christian Center, Conditional Use Permit, Everett • Motorola, Special Property Use, Whidbey & Capital Peak • Northshore School District, Conditional Use Permits, New Construction, Remodel/Additions, Portables/locating • Providence Hospital, Special Property Use, Everett • Rubatino Refuse Disposal, Special Use Permit, Everett • Snohomish County, Master Campus Plan • Stanwood School District, Conditional Use Permits, New Construction, Remodel/Additions, Portables/locating • Threefold Construction, Building, Alderwood Tradeco, Section 404, Bothell Whyte Mini -Storage, Expansion, Mukilteo Wilder Construction, Conditional Use Permit, Granite Falls • Universal Land, Conditional Use Permit, Granite Falls PUBLIC AGENCY REPRESENTATION • City of Lynnwood, Annexation Survey • City of Lynnwood, Litigation • City of Marysville, Planning Services • City of Mukilteo, Planning Services • Jefferson County Planning Dept., Development Review and Technical Assistance ▪ Mason County, Sewer Survey and Development Potential Summary • Snohomish County Governmental Campus Master Plan • Snohomish County School Districts, Capital Facilities Planning WETLANDS DETERMINATIONS AND STUDIES • 112th Street — Road Widening, So. Everett • Associated Sand & Gravel (CSR), Wetland & Stream Assessment, Section 404, Granite Falls • Dykeman Architects, Wetland Reconnaissance, Mill Creek Elementary • Everett School District, Wetland & Stream Reconnaissance, Site Selections Hild SEPA Checklist, Wetland & Stream Reconnaissance, Menzel Lake Gravel Pit Klein Honda, Wetland & Stream Reconnaissance, Paine Field • Lake Stevens Sewer District, ULID, Wetland & Stream Reconnaissance, Lake Stevens SHOCKEY BRENT, INC. 12 2003 Consultant Roster Statement of Qualifications Macaulay & Associates, Ltd, Site Analysis, Wetland & Stream Reconnaissance, Lake Stevens • Meadow Mountain Homes, Wetland & Stream Reconnaissance, Site Feasibility, Smokey Point • Perteet Engineering, Wetland Reconnaissance & Delineation, 12th Street SE • Providence Hospital, SEPA Checklist, Wetland & Stream Reconnaissance, Murphy's Corner • Tradeco, Wetland & Stream Reconnaissance, Bothell Verbarendse Property, Wetland Delineation, Stanwood • Wilder Construction, Wetland Delineation, Granite Falls ZONING • Armes, Mukilteo • Associated Sand & Gravel, Industrial, Snohomish County • Belmark Homes, Rezone, Marysville • Boyden Realty, Rezone, Everett • Burger King, Rezone, Snohomish County • First Commercial, Rezone, Snohomish County • Glass By Lund, Rezone, Frontier Village ▪ Hansen Towing, Everett • Jefferson County, Zoning Change Knoll Lumber, Rezone, Snohomish County North Puget Sound Presbytery, Rezone Rainier Fund, Rezone, Murphy's Corner • Stillaguamish Senior Center, Rezone Trade Products, Rezone, Snohomish County SHOCKEY BRENT, INC. 13 2003 Consultant Roster Statement of Qualifications Our clients are a balance ofpublic and private sector. We have earned a reputation for providing ethical planning services and producing quality projects. i§ Shockey/Brent, Inc. has provided ethical planning services and projects for over twenty-three years. The following have served: PRIVATE CLIENTS Cascade Savings Bank Cascade Savings & Loan Carol Bartoo Citizens to Save Interbay Cobra Construction Construction Nor'west Darling Investment Echelbarger Land Company Environmental Research Dev. Company Everett Clinic Far West Equities First Interstate Bank Foster Marshall Realty Harbour Pointe Ltd. Partnership Harmon & Associates Loth Lumber Company Maritime Contractors Monroe Rock Company Motorola National Campground Owners Assoc. PUBLIC CLIENTS Arlington, City of Arlington School District Auburn School District Bothell, City of Darrington School District Edmonds, City of Edmonds School District Everett, City of Everett Housing Authority Everett School District Jefferson County Kirkland, City of Lake Stevens, City of Lake Stevens School District Lake Stevens Sewer District Stanwood School District Lakewood School District Lynnwood, City of SHOCKEY BRENT, INC. produced quality is a partial list of clients we Northland Development Company Palisade Properties, Inc. Providence Everett Medical Center Puget Park Corporation Puget Sound Service Corporation Rabanco Rainier Wood Products Restaurants International Recovery Services of Washington, Inc. Rinker Materials Rubatino Refuse Removal Safeway Stores, Inc. Seattle Snohomish Mill Summit Properties Supermarket Development Corp. The Rainier Fund (TRF) Thrifty Foods Vine Street Partnership Warm Beach Manor Wilder Construction Mason County Marysville, City of Marysville School District Mercer Island, City of Mercer Island School District Monroe School District Mukilteo, City of Mukilteo School District Northshore School District Puyallup, City of Snohomish County Snohomish School District SNO-PAC Seattle School District Snohomish County Housing Authority Snohomish County Snohomish School District Sultan School District 14 BUSINESS OF 1711+: CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 18, 2003 ITEM TITLE: Consideration of resolution authorizing contract with Shockey Brent, Inc. to provide environmental review services to the City of Yakima. SUBMITTED BY: William R. Cook, Director, Community and Economic Development Department CONTACT PERSON/'1'hLEPHONE: Doug Maples, Manager, Code Administration and Planning Division (575-6121) SUMMARY EXPLANATION: Due to critically low staffing levels, the Code Administration and Planning Division requires assistance with environmental review and preparation of corresponding documents regarding the Wal-Mart Company land use application. Attached for City Council consideration is a proposed professional services contract with Shockey Brent, Inc., a land use and environmental firm. Under the contract, the firm would assist the Code Administration and Planning Division with the environmental review process regarding the Wal-Mart land use application for compensation not to exceed $25,000. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Funding Source Sala savin APPROVED FOR SUBMITTAL: s from unfilled Phone: City Manager STAFF RECOMMENDATION: Pass resolution and authorize contract BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. R-2003- 41 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services contract with Shockey Brent, Inc. for the purpose of obtaining environmental review services. WHEREAS, the Wal-Mart Company proposes to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima; and WHEREAS, the City, in its role as lead agency under the Washington State Environmental Policy Act (RCW Chapter 43.21C) ("SEPA") is required to conduct a review of the potential environmental impacts of the proposal and issue a threshold determination; and WHEREAS, depending on said threshold determination, the City may be required to conduct further environmental review of the proposal, take steps to receive public comment, and prepare environmental review documents; and WHEREAS, in part due to low staffing levels, the City requires professional services to assist with said environmental review of the proposal; and WHEREAS, the Consultant has the experience and expertise regarding said services, and is willing to provide environmental review services to the City in accordance with the terms and conditions of the attached contract; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Shockey Brent, Inc. for the purpose of obtaining environmental review services regarding said Wal-Mart Company proposal, 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 professional services contract with Shockey Brent, Inc. for the purpose of obtaining environmental review services. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2003. s/Mary Place Al !EST: Mary Place, Mayor s/Karen S. Roberts City Clerk Certified to be a true and correct copy of the original filed in my office. 3 - a.o - 03 .P + SEAL CLERK DertV By ha''"-' ,S1 C?G.�t (lk)res-ced walmart shockey environ review 3-03.pm AMENDMENT OF CITY CONTRACT NO. 2003-28 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 1 w l the of a Professional /� Contract No. R-2003-41 authorizing the execution 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/Meadowbrook/Tieton 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 requires additional environmental review services related to the new land use/rezone application and desires to amend City Contract No. 2003-28 to reflect this. 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, the Consultant shall provide additional environmental review services as requested by the City relative to the April 9, 2004, land use/rezone application of the Wal-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. 1 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 this Amendment to City Contract No. 2003-28 shall not exceed Forty Thousand Dollars ($40,000.00). Except to the extent expressly amended herein, all of the other terms and conditions of city contract 2003-28 between the City and the consultant remain full force and consultant t. 1 t.. IUII t in full force VV UI IU effect. IN WITNESS WHEREOF, the parties have executed this Amendment to City Contract 2003-28 this t30 day of April, 2004. SHOCKEY BRENT, INC. By: Reid H. Shockey, President Date: ___ By ura S. Brent, AICP, Vice President Date: L- SO C7 CITY OF YAKIMA R. A. Zais,, City Manager Date: 3/1,7,..? -4 Sf ATTEST: By: ./z/( 7147 Ci Clerk Resolution No.: Contract No.: Ie23 - 2 A RESOLUTION RESOLUTION NO. R-2004- 66 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- 2003-41 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 requires additional environmental review services related to the new land use/rezone application and desires to amend City Contract No. 2003-28 to reflect this; 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 "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 April, 2004. ATTEST: Id KAREN S. ROBERTS City Clerk `/ t'ri%L tU-<GE Paul P. George, Mayor original filed in my office. Certified to be a true and correct c op} ;Che„.:,, IN \'\ By . i f:s ,G( CITY CLERK UE/z4 Deputy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *11 For Meeting of April 20, 2004 ITEM TITLE: Consideration of resolution authorizing contract extension with Shockey Brent, Inc. to provide professional environmental review services to the City of Yakima. 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: On March 18, 2003, the City Council approved the initial contract of $25,000. This request for an amendment to the original contract results from the need to subcontract professional peer review of portions of the submitted Wal-Mart manuscript through our contract with Shockey Brent, Inc. Based on the estimates provided from consultant for the peer review, the contract would need to be increased by $40,000 for a new total of $65,000. The applicant would reimburse all of these funds to the City. The initial reason for hiring Shockey Brent, Associates was due to the need for professional assistance to assist the City's Planning staff with 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 film. Under the contract, the would continue to assist the Code Administration and Planning Division with the environmental review process regarding the Wal-Mart land use application. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source General Fund -P1 g (021310 -410) to be reimbursed by applicant APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass resolution and authorize the contract amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RECEIVED AUG 0 2 2004 CITY 0I Y AKIrMIA SECOND AMENDMENT OF CITY CONTRACT NO. 2O0306 DIV. 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/Meadowbrook/Tieton 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 RECEWED AUG0 2 2004 CITY Of UUiij¢ { City relative to the April 9, 2004, land use/rezone application of the Wal -PLANNING DIY 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. Reid H. Shockey, Preside Date: By: -Laura S. Brent, AICP, Vice President Date: CITY OF YAKIMA By: R. A. Zais, Jr., City Manager Date: ar D yc ATTEST: By: City Clerk Resolution No.: ,-,7044/-/(0 Contract No.: ‘.0.o..3-2,769 2 RESOLUTION NO. 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-2003-41 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, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 6 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 is SUBMITTED BY: m 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 to critically 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 Continq:cy 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 R-2004-108 THIRD AMENDMENT OF CITY CONTRACT NO. 2003-28 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/Meadowbrook/Tieton 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 64`'' Avenue, Yakima, Washington. WHEREAS, the City required additional environmental review services related to the new land use/rezone application. WHEREAS, the City Council authorized two previous amendments to City Contract No 2003-28 to reflect this and that increased the compensation level from $25,000 to $60,000. WHEREAS, on approximately October 27, 2004, the City issued the draft Environmental Impact Statement relative to Wal-Mart proposals to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area. WHEREAS, due to the need for additional environmental review services related to said DEIS, 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. follows: NOW, THEREFORE, the City and the Consultant agree to amend City Contract No. 2003-28 as In addition to the environmental review services as described and set forth in Section 1 of City Contract No 2003-28 and the First and Second Amendments to said Contract, the Consultant shall provide the following additional environmental review services as requested relative to the draft Environmental Impact Statement ("DEIS"): • Assist City to develop response to comments received on the DEIS. 1 • Coordinate, as necessary, the subconsultant review of the comments on the DEIS. • Attend and moderate public comment heanng on November 18, 2004. • Prepare preliminary Final EIS for City review. • Coordinate with City personnel on production of Final EIS. 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 and subsequent Amendments shall not exceed Seventy One Thousand One Hundred and Twenty Five Dollars ($71,125.00). Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-28 and the other Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment to City Contract 2003-28 this day of November, 2004. SHOCKEY BRENT, INC. By: Reid H. Shockey, President Date: . By;. ura S. Brent, AICP, Vice President Date. ! 410 Ll CITY OF YAKIMA Date: ATTEST: By: -y^- City Clerk Resolution No.: W IRDDi"/79 Contract No.: c "vU. 2 RESOLUTION NO. R-2004- 179 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 the draft Environmental Impact Statement that was issued by the City regarding the possible siting and construction of a retail facility by the Wal-Mart Company in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima. 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 Shockey Brent, Inc..(;`C^ity� contract No, 2003-28") for environmental review services regarding i the proposal of the Wal-Mart Company to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima. WHEREAS, on April 9, 2004, the Wal-Mart Company submitted a new land use/rezone ,._�,r, 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 64`'' Avenue, Yakima, Washington; and WHEREAS; the City required additional environmental review services related to the new land use/rezone application; and r<: WHEREAS, the City Council authorized two previous amendments to City Contract No. 2003-28 to reflect this and that increased the compensation level from $25,000 to $60,000; and WHEREAS, on approximately October 27, 2004, the City issued the draft Environmental Impact Statement ("DEIS") relative to Wal-Mart proposals to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area; and WHEREAS, due to the need for additional information and environmental review services related to said DEIS, 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 this amendment to City Contract No. 2003-28. 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 "Third Amendment to City Contract No. 2003-28" with Shockey Brent, Inc., to provide for additional environmental review services related to the draft Environmental Impact Statement that was issued by the City regarding the possible siting and construction of a retail facility by the Wal-Mart Company in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima. The City Attorney shall approve the final form of the Agreement. ADOPTED BY THE CITY COUNCIL this 16th day of November, 2004. S/ PAUL GEORGE ATTEST: is! KAREN S. ROBERTS City Clerk Paul P. George, Mayor Certified to be a true ai,,i Lur-reyt copy of the original filed in my office. /% /7/0V CITY CLERK By''T,�f%4/r,// 7 ' Deputy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 413 For Meeting of November 16, 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 applicant. 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: With the completion and release for comment of the Wal-Mart Draft Environmental Impact Statement (DEIS) our contract for professional services with Shockey Brent, Inc. has reached the limit Council has approved. The City Council has approved three increases since March 2004 for Shockey Brent, Inc. assistance to process the Wal-Mart application. Based on the amount of work to complete the EIS the contract necessitates an increase amendment of $11,125. This raises the total contract to $71,125. The applicant (Wal-Mart) will reimburse all funds to the City for this application. As of this date, the applicant has reimbursed the City $34,571.69. 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. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Contingency nd to be reimbursed APPROVED FOR SUBMITTAL: ~- City Mana•er 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 R-2004-179 FOURTH AMENDMENT OF CITY CONTRACT NO. 2003-28 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, the Wal-Mart Company submitted a Class (2) permit application for the possible 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 has requested assistance with development of the staff recommendation regarding the Class (2) permit review. 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 City Contract No. 2003-28 and amendments thereto, the Consultant shall provide theme following additional environmental review services as requested relative to the Class (2) development permit: • Assist City to develop a staff recommendation to the Hearings Examiner. • Attend staff meetings as required and as related to said staff recommendation • Attend public hearings and offer testimony as required and as related to the Class (2) permit • Assist with appeals or other processes through and including a City Council decision In consideration of providing said environmental review services, the Consultant will be paid in accordance with hourly rates set forth in the "Schedule of 2005 Professional Service Fees" attached hereto and incorporated into this amendment by this reference. The total fees and expenses for services described above as "additional environmental review services" are estimated to be $36,214 based on the following approximate hourly distribution: 1 It is acknowledged by the City and Consultants that the extent of services required is unknown and that a revised estimate of costs will occur when and if the need for services arises. Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-28 and the other Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to City Contract 2003-28 this day of December, 2005. SHOCKEY BRENT, INC. CITY OF YAKIMA q / By: Reid H. Shockey, Presiden . Brent, AICP, Vice President Date: e -''�- City Clerk By: R. A. Zais,r., City Manager Date: — o� ATTEST: By: 2 �c—'`✓ Resolution Noir::q05 -/9 9 2 Rate Hours Total Reid H. Shockey Andrew Shepherd Paula Townsell Kim Vos Principal Planner Technical Support Clerical $145 $75 $65 $48 125 25 10 8 $18,125 $1,875 $650 $384 Total $21,034 Direct Expenses $1,500 Total -- Shockey/Brent $22,534 Peer Review Landau Soils $11,680 Greenbusch Noise $2,000 Grand Total $36,214 It is acknowledged by the City and Consultants that the extent of services required is unknown and that a revised estimate of costs will occur when and if the need for services arises. Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-28 and the other Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to City Contract 2003-28 this day of December, 2005. SHOCKEY BRENT, INC. CITY OF YAKIMA q / By: Reid H. Shockey, Presiden . Brent, AICP, Vice President Date: e -''�- City Clerk By: R. A. Zais,r., City Manager Date: — o� ATTEST: By: 2 �c—'`✓ Resolution Noir::q05 -/9 9 2 Contract No.: c1/3 Z' SCHEDULE OF 2005 PROFESSIONAL SERVICE FEES SERVICES CLASSIFICATION HOURLY RATE Managing Principal $145.00 Environmental Planner $75.00 Planner $75.00 Technical Support $65.00 Clerical $48.00 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 $ .37 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% 3 RESOLUTION NO. R-2005- 190 A RESOLUTION authorizing the execution of a fourth amendment to City Contract No. 2003-28, whereby the City is requesting further professional services from Shockey/Brent, Inc. to assist the City with preparation, presentation and assistance with potential appeal issues regarding the Wal-Mart Class (2) public hearing process. 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"); 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, the Wal-Mart Company submitted a Class (2) permit application for the possible 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 has requested additional professional assistance with development of the staff recommendation regarding the Class (2) permit review, attendance at staff meetings related to said development, attendance at public hearings and presentation of relevant testimony on behalf of the City, and assistance with appeals or other processes through and including presentation for City Council decision; and WHEREAS, the Consultant is willing to provide these additional environmental review services in accordance with this amendment to City Contract No. 2003-28; and WHEREAS, the City Council deems it to be in the best interests of the City of Yakima to agree to an amendment to City Contract No. 2003-28 to obtain the additional professional services of Consultant, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Fourth Amendment Of City Contract No. 2003-28 with Shockey/ Brent, Inc. ADOPTED BY THE CITY COUNCIL this6thday of December, 2005. SI PAUL GEORGE ATTE T: sf KAREN S. ROBERT.-; City Clerk res/Shockey/Brent amendment -4 Paul P. George, Mayor Certified to be a true and correc cgpSLof the original filed in my office. % CITY CLERK Deputy By`/at ; ti - ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of December 6, 2005 Consideration of Resolution authorizing an amendment to professional service agreement with Shockey Brent & Associates for technical planning services for WaI-Mart on Congdon Orchard site proposal at 64th Avenue: SUBMITTED BY: J"a1Niam 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 come from the City's contingency fund. WaI-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 WaI-Mart application. Without WaI-Mart's commitment to reimburse these expenses, the City is obligated to pay these costs. Reimbursement To date the City has spent $141,964.78 on preparation of the 2,100+ page Wal- Mart Environmental Impact Statement (EIS). Of this amount $112,299.91 has gone to pay a contract with Shockey Brent, Inc. and peer review subcontractors: Greenbusch (Noise) and Landau (Soils) who have reviewed environmental work prepared and submitted by WaI-Mart. $13,079.02 has been paid to Kittelson & Associates for peer review WaI-Mart's traffic study for their proposed new store in West Valley. Continued on next page Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Contingency Fund to be reimbursed APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass resolution authorizing the environmental contract amendment and approve the motion to use contingency funds for this amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-190 1 Of the $141,964.78, Wal-Mart has reimbursed the City $121,174.09 and a bill for reimbursement totaling $20,790.69 is still outstanding. Process The EIS process has taken 28 months from the date the City issued the Determination of Significance (DS). During this time, there has been a scoping hearing, review of the original Wal-Mart submittal, preparation of a Draft Environmental Impact Statement (DEIS) including significant peer review of technical reports, publications and dissemination of the DEIS, a thirty (30) day public comment period which was extended an additional twenty-seven (27) days and two (2) public meetings totaling approximately seven hours of public testimony. The Final Environmental Impact Statement (FEIS) has been published and the acceptance letter has been sent out to all parties of record. The proposed contract amendment before you today anticipate the additional cost of professional services for technical assistance developing a staff report, attending the public hearing and providing testimony before the Hearing Examiner. The FEIS is one of the most extensive and detailed environmental documents the City has ever prepared. As a result of several environmental SEPA elements identified in the public scoping process, it has been necessary for the City to contract with technical professionals with appropriate credentials 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 potentially bring to the proposed site. 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 $36,214. Of this amount $13,680 is for the peer review consultant costs. It is important to mention that this amount does not include the Transportation (Kittelson & Associates) peer review cost, which has been estimated to be approximately $8,000. The contract amendment should be sufficient to fund the professional consulting services needed for the Wal-Mart Class (2) application public hearing before the City of Yakima's Hearing Examiner on December 14 and 15, 2005. However, should there be an appeal of the Hearing Examiner'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, 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 need to be an additional contractual amendment to the Kittelson & Associates contract. 2 FIFTH AMENDMENT TO CITY CONTRACT NO. 2003-28 This Fifth 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"); 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, the Wal-Mart Company submitted a Class (2) permit application for the possible 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 has previously requested additional assistance from Consultant for development of the staff recommendation regarding the Class (2) permit review; and WHEREAS, the Consultant has provided these additional environmental review services in accordance with prior amendments One through Four to City Contract No. 2003-28; and WHEREAS, the Fourth Amendment to Contract 2003-28 provided sufficient additional funding to pay Consultant for all necessary professional services up to and including a portion of the process of the public appeal hearing before the City Council which took place on April 17 and 19, 2005; and WHEREAS, there are insufficient funds left in the prior contract provisions to cover all of Consultant's present costs for the City Council appeal hearing, as well as for the anticipated costs for participation in the upcoming remand hearing to the Hearing Examiner, currently set for June 19, 2006; and WHEREAS, the City requires Consultant's participation in preparation for and presentation during the June 19, 2006 remand hearing; NOW, THEREFORE, the City and Consultant agree to the terms of the Fifth Amendment to City Contract No. 2003-28, as follows: In addition to the environmental review services described and set forth in City Contract No. 2003-28 and amendments One through Four thereto, the Consultant shall provide the following additional professional services as necessary relative to preparation for and presentation of the City's evidence during the Wal-Mart remand hearing before the Hearing Examiner, currently -- set to -begin June 19, -2006. — (jc)cont/Shockey/Brent-Amendment-5 1 • Provide technical assistance developing a staff report to present during remand. • Attend staff meetings as required and as related to said staff report preparation. • Attend public hearings and offer expert peer review testimony as required and as related to the remand hearing. In consideration of providing said technical assistance with preparation for and presentation during the remand hearing before the Hearing Examiner, currently set to begin June 19, 2006, as well as for any unpaid balance owing for Consultant's services up to and including the appeal hearings held before City Council on April 17 and 19, 2006, the Consultant will be paid in accordance with hourly rates set forth in the "Schedule of 2005 Professional Service Fees" attached hereto and incorporated into this Fifth Amendment by this reference. The total additional fees and expenses authorized by this Fifth Amendment to Contract No.,2003-28 for services described above as "additional professional services" shall be $22,000.00. It is acknowledged by the City and Consultants that the services to be provided under this Fifth Amendment do not include any further participation by Consultant beyond the City's complete remand presentation to the Hearing Examiner, presently set to begin on June 19, 2006. Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-28 and the other Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to City Contract 2003-28 this 16th day of May, 2006. SHOCKEY BRENT, INC. CITY OF YAKIMA Date: 4 B Reid H. Shockey, P sident Date: aura S. Brent, AICP, Vice President Date: R. A. Zais, Jr., City Manager ATTEST: By: City Clerk Resolution No.: /- R006- 7f do, ?/?4c- /V' 200.3 -Re (jc)cont/Shockey/Brent-Amendment-5 2 Contract No.: 41/2.3 —ter SCHEDULE OF 2005 PROFESSIONAL SERVICE FEES SERVICES CLASSIFICATION HOURLY RATE Managing Principal $145.00 Environmental Planner $75.00 Planner $75.00 Technical Support $65.00 Clerical $48.00 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 $ .37 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)cont/Shockey/Brent-Amendment-5 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 61 A 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 Plan 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 Contingency Fund to be reimbursed by Wal-Mart APPROVED FOR SUBMITTAL: , City Manager STAFF RECOMMENDATION: Pass resolution authorizing the environmental contract amendment and approve the motion to use contingency funds for this amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: A. Resolution adopted. RESOLUTION R-2006-78 B. Resolution modified t adopted. RESOLUTION R-2006-79 1 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 potentially bring 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 is important 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, 2 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. 3 RESOLUTION NO. R-2006- 78 A RESOLUTION authorizing the execution of a fifth amendment to City Contract No. 2003-28, whereby the City is requesting further professional services from Shockey/Brent, Inc. to assist the City with the preparation and presentation of the City's evidence during the remand hearing before the Hearing Examiner, currently set to begin June 19, 2006. 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"); 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, the Wal-Mart Company submitted a Class (2) permit application for the possible 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 has previously requested additional assistance from Consultant for development of the staff recommendation regarding the Class (2) permit review; and WHEREAS, the Consultant has provided these additional environmental review services in accordance with the terms and conditions of prior amendments One through Four to City Contract No. 2003-28; and WHEREAS, the Fourth Amendment to Contract 2003-28 provided sufficient additional funding to pay Consultant for all necessary professional services up to and including a portion of the process of the public appeal hearing before the City Council which took place on April 17 and 19, 2005; and WHEREAS, there are insufficient funds left in the prior contract provisions to cover all of Consultant's present costs for the City Council appeal hearing, as well as for the anticipated costs for participation in the upcoming remand hearing to the Hearing Examiner, currently set for June 19, 2006; and WHEREAS, the City requires Consultant's participation in preparation for and presentation during the June 19, 2006 remand hearing; and WHEREAS, up to an additional $22,000.00 is needed to fulfill the City's contractual obligation to Shockey/Brent for services provided during the appeal hearing before City Council on April 17 and 19, 2006, as well as for the future professional services required to prepare and present the City's evidence during the remand hearing before the Hearing Examiner; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: (jc)res/Shockey/Brent amendment -5 The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Fifth Amendment to City Contract No. 2003-28 with Shockey/ Brent, Inc. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2006. /s/ DAVID EDLER ATTEST: David Edler, Mayor /s/ KAREN S. ROBERTS City Clerk Certified to be a true and correct t:gp+'o original filed in my office. CITY CLEIK By (jc)res/Shockey/Brent amendment -5