HomeMy WebLinkAboutR-2005-049 Huckell / Weinman Associates, Inc. AgreementRESOLUTION NO. R-2005- 49
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
"Consultants Agreement" with Huckell/Weinman Associates, Inc., and
Northern Economics, Inc., for environmental review services concerning
environmental impacts related to economic competition issues 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, the City recently issued a draft Environmental Impact Statement ("draft
EIS") 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, public comments were received on the draft EIS that suggest the Final EIS
should address adverse environmental impacts due to economic competition; and
WHEREAS, the City requires professional environmental review services to address
said issue; and
WHEREAS, Huckell/Weinman Associates, Inc., and Northern Economics, Inc., have the
experience and expertise to provide these services and are willing to do so in accordance with
the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
execution of the attached agreement with Huckell/Weinman Associates, Inc., and Northern
Economics, Inc., for said 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 to execute the attached
and incorporated "Consultants Agreement" with Huckell/Weinman Associates, Inc., and
Northern Economics, Inc., for environmental review services concerning environmental impacts
related to economic competition issues 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 final form of the agreement is subject to review and approval of the City Attorney.
ADOPTED BY THE CITY COUNCIL this 22nd day of March, 200
ATTEST:
4
City Clerk
CONSULTANTS AGREEMENT
THIS CONSULTANTS AGREEMENT (hereinafter "Agreement") is made and entered into by
and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"),
Huckell/Weinman Associates, Inc., a Washington corporation, and Northern Economics, Inc., a
Washington corporation (hereinafter collectively referred to as the "Consultants").
WHEREAS, the City recently issued a draft Environmental Impact Statement ("draft EIS")
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, public comments were received on the draft EIS that suggests the Final EIS
should address adverse environmental impacts due to economic competition.
WHEREAS, the City requires professional consulting services to address said issue.
WHEREAS, the Consultants are willing to provide these services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and Consultants as follows:
1. Scope of Services. The Consultants shall provide the City with environmental review
services in accordance with the Consultants' March 16, 2005, proposal, a copy of which is
attached as Exhibit A and incorporated herein by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate upon the Consultants' completion of the environmental review services required
hereunder, unless terminated sooner by any party in accordance with Section 18. The
Consultants shall proceed in a timely and diligent manner to provide all services required
hereunder.
3. Consideration. The City shall pay the Consultants for services rendered hereunder in
accordance with the "Estimated Schedule & Budget" provided in Exhibit A. The total
compensation paid to the Consultants for all services provided under this Agreement shall not
exceed Twenty One Thousand Five Hundred and Seventy Four Dollars ($21,574.00). The
Consultants shall submit monthly invoices to the City. Upon receipt of said monthly invoice, the
City shall make payment to the Consultants within thirty (30) calendar days; provided, however,
that all payments are expressly conditioned upon the Consultants' providing services that are
satisfactory to the City. The Consultants shall maintain adequate files and records to
substantiate all amounts itemized on the monthly invoices. In the event that any party
exercises its right to terminate this Agreement in accordance with Section 18, the Consultants
shall be compensated in accordance with the above terms for all satisfactory services provided
to the City up to the effective termination date of the Agreement.
4. Title to Property Supplied and Works. All finished or unfinished documents and material
prepared by the Consultants pursuant to this Agreement shall be the property of the City and
shall be forwarded to the City upon its request. No material produced in whole or in part under
this Agreement shall be subject to copyright in the United States or in any other country. The
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City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole
or in part, any reports, data, or other materials prepared under this Agreement.
5. Status of Consultants. The Consultants and the City understand and expressly agree
that the Consultants are an independent contractors in the performance of each and every part
of this Agreement. No officer, employee, volunteer, and/or agent of the Consultants shall act on
behalf of or represent him or herself as an agent or representative of the City. The Consultants,
as independent contractors, assume the entire responsibility for carrying out and accomplishing
the services required under this Agreement. The Consultants expressly represent, warrant and
agree that their status as independent contractors in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. The Consultants and their officers, employees, volunteers,
agents and/or subcontractors shall make no claim of City employment nor shall claim against
the City any related employment benefits, social security, and/or retirement benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between the Consultants and the City.
6. Inspection and Audit. The Consultants shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this Agreement
shall be subject to inspection and audit by representatives of the City and/or of the Washington
State Auditor at all reasonable times, and the Consultants shall afford the proper facilities for
such inspection and audit. Such books of account and records may be copied by
representatives of the City and/or of the Washington State Auditor where necessary to conduct
or document an audit. The Consultants shall preserve and make available all such books of
account and records for a period of three (3) years after final payment under this Agreement.
7. Taxes and Assessments. The Consultants shall be solely responsible for compensating
their employees, agents, and/or subcontractors and for paying all related taxes, deductions,
and assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against the Consultants or the City as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement,
the Consultants shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the
Consultants shall not discriminate on the basis of race, age, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, selection for training, and the provision of services under this
Agreement.
9. The Americans with Disabilities Act. The Consultants shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations,
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and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. The Consultants agree to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
11. No Conflict of Interest. The Consultants covenant that neither they nor their employees
have any interest and shall not hereafter acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of this Agreement. The Consultants
further covenant that they will not hire anyone or any entity having such a conflict of interest
during the performance of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for the
Consultants and their officers, directors, employees and agents.
13. Indemnification.
a. Huckell/Weinman Associates, Inc., agrees to hold harmless, indemnify, and defend
the City, its elected officials, officers, employees, and agents from and against any and all suits,
actions, claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) which result from or arise out of the negligence of Huckell/Weinman Associates,
Inc., its officers, agents, employees or subcontractors in connection with or incidental to the
performance or non-performance of this Agreement.
b. Northern Economics, Inc., agrees to hold harmless, indemnify, and defend the City,
its elected officials, officers, employees, and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the negligence of Northern Economics, Inc., its officers, agents,
employees or subcontractors in connection with or incidental to the performance or non-
performance of this Agreement.
c. In the event that either and/or both of the Consultants and the City are negligent,
each party shall be liable for its contributory share of negligence for any resulting suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's
fees).
d. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the Consultants' immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Consultants' employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
e. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
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f. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. General Liability Insurance. On or before the date this Agreement is fully executed by
the parties, each Consultant shall provide the City with a certificate of insurance as proof of
general liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00)
per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents, and employees
as additional insureds and shall contain a clause that the insurer will not cancel or reduce in
limits the insurance without first giving the City thirty (30) calendar days' prior written notice.
The insurance shall be with an insurance company rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Consultants, and no person other than regular associates or employees of the
Consultants shall be engaged upon such work or services except upon written approval of the
City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Consultants to any other person or entity
without the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
the Consultants stated herein.
17. Waiver of Breach. A waiver by any party hereto of a breach by any other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of any party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
18. Termination. Any party may terminate this Agreement at any time, with or without
cause, by providing the other parties with written notice of termination fifteen (15) calendar
days prior to the termination date.
19. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement 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 Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement 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.
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c. Should the City determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the City
may, in its sole discretion, terminate this Agreement.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO CONSULTANTS:
Bill Cook, Director
Dept. of Community & Economic Development
City Hall
129 North Second Street
Yakima, WA 98901
Richard Weinman
Huckell/Weinman Associates, Inc.
207 Third Avenue, Suite 200
Kirkland, WA 98033
Northern Economics, Inc.
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
21. Third Parties. The City and the Consultants are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Binding Effect. The provisions, covenants, and conditions in this Agreement apply to
bind the parties, their legal heirs, representatives, successors, and assigns.
23. Remedies Cumulative. Rights under this Agreement are cumulative; the failure to
exercise on any occasion any right shall not operate to forfeit such right on another occasion.
The use of one remedy shall not be taken to exclude or waive the right to use another.
24. Drafting of Agreement. Both the City and the Consultants have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of
law that ambiguities within a contract shall be construed against the drafter of a contract shall
have no application to any legal proceeding, arbitration and/or action in which this Agreement
and its terms and conditions are being interpreted and/or enforced.
25. Integration and Supersession. This Agreement sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any and all
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such former agreements, which are hereby declared terminated and of no further force and
effect upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto except as herein provided, and no amendment or modification of this
Agreement shall be effective unless reduced to writing and executed by the parties.
26. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
28. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their authorized
representatives affix their signatures below.
CITY OF YAKIMA
By:
R. A. Zais, Jr., City Manager
Date: ‘..3-4?23-6,5
Acr,i City Clerk
City Contract No. 0200.5133
City Resolution No. /1 -a40Sd
6
HUCKELL/WEINMAN ASSOCIATES, INC.
:
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Richard Weinmen, (NEED TITLE)
Date: ?-3/- t7C
NORTHERN ECONOMICS, INC.
By.
Its: ec-i731/'
Date: `/A/ lOS'
STATE OF WASHINGTON
COUNTY OF
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On this day personally appeared before mei,, , to me known
to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed,
for the uses and purposes therein mentioned.
Given under my hand and seal of office this , _.?/c /-
!Notary Public regiding at
Printed Name:
My Commission Expires:
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day of `� t ? . !; , 20 -m
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STATE OF WASHINGTON
COUNTY OF (,(.,/Y)a;1(
On this day personally appeared before me (,?,j'ly).(>t h m,1 eitt,,r Q_,._ -J , to me known
to be the individuals) described in and who executed the within and foregoing instrument, and
acknowledged thatelie/, he/tlidy signed the same a iS/her/theirfree and voluntary act and deed,
for the uses and purposes therein mentioned.
Giv n�under my h d and seal of office this - day of f--\',)1; (, , 20 C'�
Notary Public residing at (3((,1/)'j6) h1L/�� 2
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Printed Name:
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My Commission Expires:
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Huckell/Weinman
Associates, Inc.
March 16, 2005
Mr. William Cook
Department of Community & Economic Development
City of Yakima
129 North Second Street, 2nd Floor
Yakima, WA 98901
RE: Consulting Assistance for West Nob Hill Commercial Center (Wal-Mart) Final EIS
Dear Mr. Cook:
Thank you for inviting us to provide this proposal to the City of Yakima. It is submitted by
Huckell/Weinman Associates, Inc. and Northern Economics, Inc. The firms provide collective
expertise in SEPA compliance and land use planning (Huckell/Weinman Associates), and
economics and market analysis (Northern Economics).
We understand that the City recently published a Draft EIS for a proposed Wal-Mart in the West
Valley area of the City. The proposal includes an approximate 204,000 square foot Wal-Mart
Supercenter and 10 -pump gas station. A Draft EIS comment letter submitted by James
Carmody, an attorney representing Neighbors for Responsible Development, suggests that the
Final EIS should address adverse environmental impacts (e.g., urban blight) due to economic
competition. Establishment of a Wal-Mart, it is claimed, will eliminate small and local retail
businesses. His letter also alleges that the existing Wal-Mart led to vacancies in the Yakima
Mall, and that announcement of the proposed Supercenter caused withdrawal of specified retail
proposals. The City would like assistance to respond to the issues raised in this letter.
Overview of Proposal
Our proposed scope of services includes preparing a response to the economic competition/urban
blight issue raised in the comment letter which would be incorporated in the Final EIS. The
response, which would be prepared by Huckell/Weinman Associates, would summarize and
incorporate the analysis perfoiiiied by Northern Economics and apply it to the land use context.
We would present the findings of the analysis to the City Council, and would be available to
provide expert testimony in the event of an appeal of the EIS.
Approach & Scope of Work
In general, the analysis would examine overall economic conditions in the Yakima area and
would focus on retail activity. The economics information would be placed in a land use context
and used to frame a response to the Draft EIS comment letter regarding potential blight. The
analysis would not (and could not) be site-specific in nature, and would not examine issues such
270-3`d Avenue, Suite 200 Kirkland, WA 98033 425.828.4463 tel 425 828 3861 fax
office@huckellweinman com www.huckellweinman.com
Mr. William Cook
March 16, 2005
Page 2
as site-specific effects on property values. These issues are discussed further at end of this
proposal. The methodology and tasks identified for the economics analysis, as provided by
Northern Economics, is summarized below.
Task 1. Literature Review
There have been numerous studies of the impacts of Wal-Mart on local economies. Our
initial task will be to conduct a literature review and summarize the most widely cited
academic works. These studies would be useful for identifying the range, types and
magnitude of potential impacts.
Task 2. Define the Study Area
Some existing studies suggest that the presence of a Wal-Mart or other big box stores can
increase overall sales within a community by reducing sales leakages and expanding the
local trade area (Stone Impact of the WAL-MART Phenomenon on Rural Communities.
1997; Artz and McConnon. The Impact of Wal-Mart on Host Towns and Surrounding
Communities in Maine. c.1999). The same studies suggest surrounding communities can
experience declines in retail sales and their tax base as residents substitute purchases in
towns with big box stores for purchases they used to make locally.
A key deteii iinant of the impacts of a Wal-Mart Supercenter, therefore, will be the extent
of the study area (e.g., City of Yakima, Yakima plus Union Gap, Yakima County, etc.).
Our initial suggestion would be to define the study area broadly to present a complete
picture of existing retail activity competition.
Task 3. Interviews
Local real estate and economic development professionals have unique knowledge about
the local economy and the relative strengths of local business sectors. We will interview
local experts to determine their opinions of the local business climate and real estate
market and to identify local opinions about potential impacts. We would also investigate
the allegations in the comment letter regarding the effects of the announcement of the
proposed Wal-Mart.
Task 4. Identify Local Market Conditions & Trends
While some local businesses are unable to compete with big box retail stores, others can
thrive by capturing a portion of the new customers these stores attract. The impact of a
new Wal-Mart Supercenter will vary across different retail sectors. Our analysis will
identify which sectors are most vulnerable to competition from a new supercenter, which
would most benefit from the presence of a new supercenter, and describe how these
sectors have been performing. The analysis would focus on an examination of county-
wide and local taxable sales, retail sales tax revenues, and local retail vacancy rates
Mr. William Cook
March 16, 2005
Page 3
before and after the conversion of Yakima's existing Wal-Mart to a Supercenter.
(Because Groceries and prescription drugs are exempt from state sales taxes, the analysis
will incorporate available data on local employment and number of firms to assess
impacts.) This approach will allow us to identify how local businesses have reacted to
changes in the Yakima business environment in the recent past. Analysis of recent tends
will also allow us to identify and assess the relative importance of other factors, such as
the growth of retail sales in Union Gap, that may be shaping the Yakima business
climate.
Task 5. Response to Comment
We will prepare a response to the Draft EIS comment regarding blight caused by
economic competition. Components of the response would include the following:
(a) a discussion of applicable SEPA requirements, i.e., setting out basic SEPA
requirements regarding the probability of impacts (cause and effect), their significance;
and defining "blight" in terms of SEPA elements of the environment;
(b) a summary of the findings of the economic analysis (Tasks 1-5 above); and
(c) conclusions about probable, significant broadly based land use impacts (e.g., retail
vacancies, abandonment, blight) that would result from competitive effects identified in
the economics analysis.
Potential Alternative Approach
The approach and methodology outlined above would, we feel, provide relevant infoimation and
conclusions with which to respond to the issue raised in the EIS comment letter. It also reflects
the financial resources available to conduct the analysis. However, it would not quantify factors
such as expenditure capacity and market leakage, for example. An approach which did quantify
such factors is certainly possible but would be more intensive and costly to prepare. Estimated
costs can be provided in the event the City wishes to consider this approach further.
Other Issues
We are aware of several additional, related issues that have arisen in conversations related to this
proposal, which could be characterized as questions about the extent or application of the
analysis. We are addressing them briefly here to ensure that our proposed analysis meets the
City's expectations.
For example, we understand that Wal-Mart is considering two alternative sites which have
different physical characteristics and surrounding land use patterns. Different impacts could
occur at each site. As noted previously, our proposed approach would look at the overall
Yakima economy and is not site-specific. For example, it would not address impacts to property
values at specific sites. The study would, however, suggest which, if any, retail sectors/land uses
could be most susceptible to competition and change. This information would be applicable to
either alternative site, based on its land use characteristics. While we would be pleased to help
Mr. William Cook
March 16, 2005
Page 4
the City prepare a response which addresses site-specific land use issues, that is not the focus of
our proposal.
Estimated Schedule & Budget
The proposed schedule for completing the economic analysis and FEIS response is four weeks.
Our estimated budget is shown below by major task.
1 HWA costs assume work performed by Richard Weinman at hourly rate of $173.
2. Northern Economics costs assume work performed at hourly average rate of $92.
3 Assumes 2 hours to review/edit draft economics report, 4 hours to prepare FEIS response to comment, and 2 hours for project
management.
4 Assumes attendance by 1 staff from each firm at two presentations and one hearing. Includes prep time, meeting attendance
(2 hours), and travel. Expenses include lodging, meals, and auto.
We appreciate the opportunity to submit this proposal and look forward to working with the City.
Sincerely,
Huckell/Weinman Associates, Inc.
Richard Weinman
HWA
Northern
Economics
Task
Hours
Cost 1
Hours
Cost 2
Total
Proposed Approach
1. FEIS Response/Economic Analysis
8 3
$ 1,384.
96
$ 8,832.
10,216.
Expenses
100.
368.
468.
Sub -Total
1,484.
9,200.
$10,684.
2. Presentation/Hearings 4
30
5,190.
42
4,200
9,390.
Expenses
750.
750.
1,500.
Sub -Total
5,940.
4,950.
10,890.
Total
38
7,424.
138
14,150.
21,574.
1 HWA costs assume work performed by Richard Weinman at hourly rate of $173.
2. Northern Economics costs assume work performed at hourly average rate of $92.
3 Assumes 2 hours to review/edit draft economics report, 4 hours to prepare FEIS response to comment, and 2 hours for project
management.
4 Assumes attendance by 1 staff from each firm at two presentations and one hearing. Includes prep time, meeting attendance
(2 hours), and travel. Expenses include lodging, meals, and auto.
We appreciate the opportunity to submit this proposal and look forward to working with the City.
Sincerely,
Huckell/Weinman Associates, Inc.
Richard Weinman
Huckell/Weinman Associates
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Page 1 of 1
Huckell/Weinman Associates, Inc. achieves results, based on our expertise, objectivity, responsiVerleSS, broad
public and private experience; and our solid reputation for land use, environmental and economic consulting.
x
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Huckell/Weinman Associates
hjThisish Home I Contact Us
Huckell/Weinman Associates, Inc. provides professional
consulting services to public agencies and private businesses on
land use and environmental planning, economic analysis,
permitting and project management.
Since 1986, we have been helping clients understand and
comply with federal, state and local land use and environmental
requirements. We're experts at what we do.
OUR SERVICES add value by contributing to the cost-
effectiveness and ultimate success of a wide variety of public
and private enterprises. Our role is to understand complex
regulatory processes, to create strategies that help clients
achieve compliance, and to provide technical solutions to meet
budgets within prescribed deadlines.
OUR STAFF of experienced, dedicated professionals provides
responsive personal service and advances our client's projects.
We excel at understanding technical issues, and addressing both
the needs of the development community and the governmental
permitting requirements. We identify compliance strategies,
communicate them clearly, and manage projects to successful
completion.
OUR PROJECT EXPERIENCE extends to mixed-use, resort,
residential, retail, commercial, industrial, transportation,
institutional, recreational and community development projects,
as well as neighborhood and downtown plans.
OUR CLIENTS include cities and counties, special purpose
districts, state and federal agencies, institutions, private
developers and property owners.
OUR CORE VALUES include: Providing reliable, responsive
and objective client services of the highest quality. Creating a
well-managed business and collaborative work -environment that
supports professional growth. And contributing in a positive
way to our communities.
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Huckell/Weinman Associates
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Jse Land Use Planning & Regulatory Analysis
&.
tlatory Huckell/Weinman Associates, Inc.'s expertise includes
ysis interpreting and drafting comprehensive and neighborhood
plans, zoning and shoreline regulations, cntical area regulations,
development guidelines and private covenants, and evaluating
i
to I ental land use issues. Areas of expertise include:
view &
Compliaitee • Land Use Studies & Impact Analysis
• Community & Subarea Planning
• Policy Development & Analysis
none cs, • Planning, Zoning & GMA Consistency Evaluations
• Ordinance Drafting
• Permitting, Feasibility & Site Selection
• Land Capacity & Infrastructure Studies
• Guidebooks & Manuals, Workshops & Training
12-emc
Coordination
& Permitting
See Project f: xarnpies
Environmental Review & Compliance
Huckell/Weinman Associates, Inc. is a leader in creating
environmental compliance strategies and preparing SEPA and
NEPA documents. We understand agency expectations,
environmental goals and project needs — and find appropriate
paths to compliance. Our strategic approach stands up under
intense scrutiny, expedites permitting and advances project
objectives from the start. Environmental compliance experience
includes:
• SEPA & NEPA Documents
• Project & Programmatic EISs, EAs & Checklists
• Planned Action EISs
• Compliance & Integration Strategies
• Process & Team Management
• Mitigation Agreements
• Staff Reports
• Integrated SEPA/plan documents
• SEPA Workshops & Education
See Project Exarnples
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Economics, Fiscal & Market Studies
Huckell/Weinman Associates' economists help private and
public clients understand the economic consequences of
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Huckell/Weinman Associates Page 2 of 3
decisions. Our market studies evaluate the size and composition
of potential markets and project viability. We also analyze the
fiscal impact of land use actions and development policies. Most
importantly, we explain cost and revenue implications clearly —
so you can make informed decisions. Economics experience
includes:
• Economic Impact Analysis
• Business Impact Studies
• Fiscal Impact & Public Finance Analysis
• Market Studies
• Economic Development Planning
• Socioeconomic & Environmental Justice Analyses
• Cost/Benefit Studies
P
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Examples
Project Management, Coordination & Pei pitting
Huckell/Weinman Associates has a proven track record of
successful project management with on-time, on -budget
performance. We solve problems, create strategies, manage
teams and keep projects on track using our expertise in
organization, communication, scheduling and control. We are
particularly skilled in managing multi -disciplinary teams of
consultants on large projects involving numerous agencies.
Project Management expertise includes:
• Project Coordination & Control
• Project Definition
• Team Building & Management
• Technical Analysis
• Permitting Strategies
• Communication & Negotiation
See Projc'ct Examples
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http://www.huckellweinman.com/services.html 3/16/2005
Huckell/Weinman Associates
Senior
Executives
Contacts
Other
Specialists
hjThisish tionie i Contact Us
Huckell/Weinman Associates, Inc. specializes in responsive
personal service from experienced, senior -level professionals
and staff, dedicated to getting results for our clients.
Senior Executives & Principals
Duane Huckell
President, Senior Principal
dhuckell@huckellweinman.com
Richard Weinman
Vice President, Senior Principal
rweinman@huckellweinman.com
Chris Lawson
Principal
clawson@huckellweinman.com
Terry McCann
Principal
tmccann@huckellweinman.com
David Nemens, ASLA, AICP
Principal
dnemens@huckellweinman.com
Nikki Parrott
Principal
nparrott@huckellweinman.com
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Land -Use & Environmental Planners
Amy Harrison Keenan
Staff Planner
akeenan@huckellweinman.com
Jack Middleton
Associate Planner
imiddleton@huckellweinman.com
Michele Sarlitto
Associate Planner
msarlitto@huckellweinman.com
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Marketing Contacts
Richard Weinman
Vice President, Senior Principal
rweinman@ huckellweinman. com
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Other Specialists
Grace Garland
Office Manager
ggarland@huckellweinman.com
Jennifer Swanson
Accountant
iswanson @huckellweinman.com
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http://www.huckellweinman.com/people.html 3/16/2005
RICHARD WEINMAN
Senior Principal
EXPERTISE
• Land Use, Regulatory & Environmental Analysis
■ Legal Issues
■ Legislative/Code Research and Drafting
• SEPA/NEPA Strategies & Compliance
■ Project Management
EDUCATION
• J.D. University of Puget Sound School of Law 1979
• M.A. (English) Brandeis University, 1966
• B.A. (English) New York University 1965
• Mediation skills training (40 hours) Univ. of Wash., 1993
EXPERIENCE
• Growth Management Act planning and compliance.
• SEPA/NEPA strategies and compliance. Experience includes project management, land use and envi-
ronmental analysis for project and non -project EISs addressing comprehensive and sub-area/city cen-
ter plans, zoning codes and development regulatons, planned actions, master planned communities
and resorts, transit oriented developments, shopping centers, mixed-use developments, business
parks, mining operations, transportation/transit and infrastructure projects, and civic and institutional
projects.
■ Research, interpretation and drafting of development regulations. Experience includes critical areas
policies, regulations and incentives, including best available science compliance strategies; zoning clas-
sifications/standards; design guidelines; and shoreline master program regulations.
• Research and drafting of covenants, conditions and restrictions (CCRs) for development projects.
■ Comprehensive, sub -area, and neighborhood plans.
• Analysis of land use/environmental regulations and planning policies for project and programmatic
proposals.
• Permitting strategies.
• Peer review of plans and project proposals.
• Guidebooks, educational programs and presentations on land use planning, regulatory and SEPA is-
sues.
PRIOR EXPERIENCE
• Land Use Consulting, Law Practice, Freelance Writing
• Northwest Land Use Review, Editor/Publisher
• Land Use Research Council, Executive Director
• Manufacturing Company Account Executive
Huckell/Weinman Associates, Inc.
RICHARD WEINMAN
Senior Principal
PROFESSIONAL ASSOCIATIONS
• Washington State Bar Association - Environmental & Land Use Section
• American Planning Association - Executive Committee; Chair, Consultant Division Plan-
ning & Law Div., Legislative Comm.
• NAIOP - Local Government Comm., State Government Comm.
• Governor's Regulatory Reform Task Force - SEPA/GMA Subcommittee
■ King County Land Capacity Task Force
• State Wetlands Integration Strategy - Planning/Process Workgroup
■ Washington Wetland Policy Forum (Business Representative)
• City of Mercer Island Design Commission (Chair)
• King County Economic Development Resources Group
• Snohomish County Business & Industrial Lands Taskforce
■ King County Infrastructure Financing Taskforce
• King County Growth Management Advisory Forum
• Save Our local Farmlands Committee
• Mercer Island Schools Foundation (Founder)
PUBLICATIONS/PRESENTATIONS
• SEPA Planned Actions (SEPA Cobference, January 2003)
• Planned Actions — Pros and Cons (Planning Northwest, June 2001)
• Planned Actions and Other Innovative SEPA Strategies (APA Planning Law Conference,
March 2001)
• Investing in Environmental Review (DCTED Conference on Planning for Development,
December 2000)
• Integrating Planning with SEPA/NEPA (Wash. Public Transportation & Rail Conference,
1997)
• Fiscal Impact Analysis — Intel Case Study (APA, 1996)
• Evolution of Planning in Washington (WA. Public Ports Assoc. Seminar, 1994)
• Non -Project EISs (EIS Issues conference, 1994)
• Juggling Planning, Policies & Science: Drafting Sensitive Area)
• Regulations (CLE International, Conference Proceedings, 1993
• Wetland Incentives: Non -Regulatory Techniques for Wetland Protection (NAIOP,
PSWQA, 1993)
• Programmatic EISs: Advancing the State of the Art (EIS, SEPA/GMA Conference, 1992)
• SEPA/GMA Conference Proceedings, 1992
• Water Quality Swales Guidebook (NAIOP, PSWQA, 1991)
• Eastside Land Use Issues (Puget Sound Business Journal, 1989)
• Eastside Industrial Land Supply (NAIOP, 1988)
• Environmental Impacts Under Washington's SEPA (NY State Bar/CEQ Conference,
1987)
• New SEPA Rules (NW Land Use Review, 1986)
• Wetlands Regulations (NW Land Use Review, 1986)
• Planned Communities (NW Land Use Review, 1985)
■ Land Use in Washington: A Survey of Counties (1984)
Huckell/Weinman Associates, Inc.
Northern Economics, Inc.
Founded in Anchorage in 1982 and incorporated in 1998, Northern Economics, Inc.,
is one of the Pacific Northwest's leading economic consulting firms, having
completed many infrastructure and community development projects for a wide
clientele in both the private and public sectors.
The firm specializes in developing practical, cost-effective solutions for clients in
areas that include economic planning and assessment, transportation planning, oil
and gas studies, municipal projects, community planning, international
development, resource economics, maritime planning, fishing industry projects,
utility industry planning, mining projects, airport feasibility studies, port and harbor
development, and tourism.
Northern Economics' purpose is to provide our clients with economic analysis of the
highest quality so that clients and society benefit from informed decisions; we strive
to provide this service in a manner that reflects our commitment to excellence, and
our reputation for integrity. Additional information on the firm can be found at our
website: www.northerneconomics.com.
norther economics inc.
KEN LEMKE, Ph.D.
Economist
EDUCATION
Ph.D., Regional Economics, Kansas State University, Manhattan, KS
M.S., Systems Management, University of Southern California, Los Angeles, CA
B.S., Economics, West Virginia University, Morgantown, WV
Graduate, Economic Development Institute, University of Oklahoma, Norman, OK
Graduate, The Grantsmanship Training Program, Los Angeles, CA
COMMITTEES AND APPOINTMENTS
■ Former President, Nebraska Development Network, Southeast Regional Group
■ Former Board Member, Nebraska Development Network
■ Former Board Member, Nebraska Economic Developers Association
■ Former Coordinating Committee Member, Partnership for Rural Nebraska
■ Former member, Nebraska Railway Council (appointed by Governor)
■ Former member, Select Committee for Surface Transportation Program Enhancement
■ Former member, Nebraska Waste Reduction and Recycling Incentive Grants Program Review
Board
■ Former member, Lieutenant Governor's Task Force on Health Care Reform
■ Former researcher, Governor's Task Force on Welfare Reform
EXPERIENCE
January 2003—Present
Northern Economics, Inc., Bellingham, Washington
Current and recent projects.
■ Project manager and senior economist for Lummi Workforce Skills Survey to inventory existing
job skills of enrolled Lummi residing in Whatcom County, Washington, evaluate local secondary
and post -secondary education and training programs and compare current skills and training
programs with future job requirements in Whatcom County, Washington
■ Project Manager and senior economist for the socioeconomic and recreation discipline reports for
the Buckhorn Mountain Mine SEIS being prepared for USDA Forest Service and Washington State
Department of Ecology
■ Senior economist for Makah Ferry Study to estimate potential demand for and economic impacts
of a new ferry service between Neah Bay and Vancouver Island
Resume of Ken Lemke, Ph.D.
■ Developed community impact models used in assessing alternatives for restructuring the Bristol
Bay Salmon Fishery.
■ Developed spreadsheet model that provides comprehensive measures of the economic benefits
of the Alaska Natural Gas Development Authority's (ANGDA) natural gas project
■ Developed Harbor Impact Model for Alaska Department of Transportation and Public Facilities;
model is used to assess local, regional and state level financial, fiscal and economic impacts of
new or expanding harbors
■ Conducted benefit -cost analysis of Yukon River port and road network to support mineral
development in Tintina Gold Belt
■ Developed long-range traffic forecasts for access alternative (with and without a bridge) between
South Naknek and Naknek and King Salmon for the Naknek Crossing Intermodal Economic
Impact and Airport Use Study
■ Responsible for re-evaluation of the Socio-economic Impacts section of the Glacier Creek Road
Environmental Assessment
■ Developed data collection instruments for Economic Geography of Southwest Alaska
■ Conducted Cluster Analysis of Anchorage Financial Services Sector
■ Developed map of population growth forecasts for hospital location study for the City of Wasilla
1999-2002
Peru State College, Peru, NE.
Director, Regional Development
Representative projects•
■ Conducted labor availability and public needs surveys to support local economic development
■ Designed and developed database and forms for data entry and coding of occupational categories
from survey responses
■ Conducted training programs for community and economic development leaders
■ Supervised Director, Peru State, Nebraska Business Development Center
■ Developed grant proposals to support College mission
1995 — 1999
Data Transmission Network, Omaha, NE.
Manager, Business Research
Representative projects.
■ Developed and analyzed large databases using multivariate and GIS techniques.
■ Established and marketed dtnResearch, a market research service targeted at agribusinesses
■ Designed, conducted, and reported results of market research projects to senior corporate
officers.
■ Managed professional staff of one Economist and three Research Analysts.
2
Resume of Ken Lemke, Ph.D.
1990-1995
Nebraska Department of Economic Development
Economist
■ Conducted economic impact studies for location of two automobile assembly plants and
computer chip factory in Nebraska
■ Conducted economic impact studies of ethanol and wet corn milling plants in Nebraska.
■ Conducted economic impact studies using the IMPLAN input-output model
■ Conducted industry -targeting studies and provided expert testimony
■ Assisted in design of database to track growth of individual manufacturing firms using survey data
■ Served on inter -governmental and public/private panels and committees dealing with
telecommunications, work force development, health care reform, welfare reform, and business
recruitment issues
■ Participated in training programs for local government leaders
■ Researched and drafted legislation for workforce training and business recruitment programs
■ Developed and updated marketing materials for Business Recruitment Division
■ Reviewed grant applications for programs administered by Nebraska Department of
Environmental Quality and Nebraska Department of Roads
■ Managed Regional Economic Development Advocate Grant from U.S. Environmental Protection
Agency
PUBLICATIONS
Lemke, Kenneth M., and Michael Babcock, "Impact of Rail Mergers and Abandonments on Kansas
Export Wheat Rail Rates and Costs", Journal of the Transportation Research Forum. Eds. Richard
Bleilock and Anthony M. Pango. Washington, D.C.. TRF, May 1987
Park, Joon Je, Michael Babcock, Kenneth Lemke, and Dennis Weisman, "Simulating the Effects of
Railroad Mergers", Southern Economic Journal, Southern Economics Association, April 2001
Park, Joon Je, Michael Babcock, and Kenneth Lemke, "The Impact of Railroad Mergers on Grain
Transportation Markets: A Kansas Case Study", Transportation Research Part E: Logistics and
Transportation Review, Vancouver, B.C., Canada. Pergamon, December 1999
Park, Joon Je, Michael Babcock, and Kenneth Lemke, "Impact of Railroad Mergers on Grain
Transportation Markets• A Kansas Case Study", Proceedings 40th Annual Transportation
Research Forum, Washington, D.C.• TRF, May 1998
3
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 1
FOR MEETING OF: March 22, 2005
ITEM TITLE: Consideration of a resolution authorizing the City Manager of the City of
Yakima to execute a "Consultants Agreement" with Huckell/Weinman Associates, Inc., and
Northern Economics, Inc., for environmental review services concerning environmental impacts
related to economic competition issues 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.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: William Cook 575-6227
SUMMARY EXPLANATION:
To date the City has paid bills totaling $89,893.43 on the Wal-Mart Environmental Impact
Statement (EIS) and has received reimbursement from Wal-Mart of $89,893.43.
Agenda Item #9 at your February 1, 2005, Council meeting included an in depth discussion of
the current status of professional service agreements for technical planning services, peer level
review, and traffic engineering analysis, associated with development of the City's
Environmental Impact Statement (EIS) for a proposed Wal-Mart store in West Valley. Agenda
Item #9, which was approved by Council, included 1) an authorization to increase the City's
professional services contract with Shockey/Brent, Inc. and 2) an amendment to the Kittelson &
Associates traffic engineering contract. The agenda item also discussed the need for an
independent professional economic/environmental analysis with a note that a contract and
resolution would be brought back to the Council in the near future once a contractor had been
selected and a cost determined.
CONTINUED TO NEXT PAGE
Resolution X Ordinance_ Contract — Other (Specify) Contract
Funding Source
APPROVAL FOR SUBMITTAL: 4/.?, AC
City Manager
STAFF RECOMMENDATION: Authorize City Manager to execute contract
BOARD RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION R-2005-49
The item you have before you today is a resolution authorizing the City Manager to execute a
consultant agreement with Huckell/Weinman Associates, Inc. and Northern Economics, Inc. to
complete the economic/environment analysis discussed on February 1, 2005. Attached is a
resume on the principles and information on both companies.
The not to exceed contract amount for this consultant agreement is $21,574. The following is a
brief summary of the scope of work:
1) Conduct a literature review and summarize the most widely cited academic works. These
studies will be useful for identifying the range, types and magnitude of potential impacts.
2) Define the study area. A key determinant of the impacts of a Wal-Mart Supercenter will
be the extent of the study area.
3) Interviews with local real estate and economic development professionals.
4) Identify local market conditions and trends.
5) Response to comments: Consultant will prepare a response to the Draft EIS comments
regarding blight caused by economic competition.
With your approval today, the City Manager will execute the attached contract and we will move
forward with this analysis and response to public comments on the Draft EIS.
As discussed in our February 1, 2004 agenda statement and noted above, Wal-Mart has
reimbursed all City contracted expenditures on preparation of this EIS to date and we have no
reason to believe they will not continue this commitment including the $21,574 contract amount
for this consultant agreement.