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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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By:
City Clerk
Resolution No.: 2` '003- 41/
Contract No.: „zoo 3 - a.$
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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.
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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.
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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