HomeMy WebLinkAboutR-2006-078 Shockey/Brent, Inc. fifth amendmentRESOLUTION 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 • ay, 2006
ATTEST: David Edler, Mayor
City Clerk
(jc)res/Shockey/Brent amendment -5
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
By: I �-�
BYc'��J
Reid H. Shockey, P sident
Date:
BY;
aura S. Brent, AICP,
Vice President
Date: /U(d
R. A. Zais, Jr., City Manager
Date: 6 / !o l0 6
ATTEST:
By: � �►p�h Q'..`� ,S
City Clerk
Resolution No.: R' 8006- 7f
�i 7d 4Cr /lfo o?003 -.?e
(jc)cont/Shockey/Brent-Amendment-5 2
Contract No.: 1/23 ?t
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. 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: `-`,.F Cit Mana•er
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. RESOLDTION R-2006-78
B. Resolution modified t adopted. RESOL1frION R-2006-79
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. q
For Meeting of May 16, 2006
ITEM TITLE: Consideration of Resolution authorizing amendments to various
professional service agreements for work related to the Wal-Mart remand
hearing before the Hearing Examiner on June 19th and conclusion of the
City Council's Closed -Record Hearing to be scheduled including:
A. Shockey Brent & Associates for technical planning services for
Wal-Mart on Congdon Orchard site proposal at 64th Avenue
B. Kittelson & Associates, Inc. for additional traffic engineering and environmental
review services related to preparation for and presentation of the Transportation 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 Contingen and to be reimbyrsed by Wal-Mart
APPROVED FOR SUBMITTAL: j City Manager
~L
STAFF RECOMMENDATION: Pass resolution au horizing the environmental contract
amendment and approve the motion to use contingency funds for this amendment.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: A) Resolution adopted. RESOLUTION NO. R-2006-78 (Shockey Brent)
B) Resolution adopted. RESOLUTION NO. R-2006-79 (Kittelson)
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Reimbursement
To date the City has spent $205,165 on processing the Wal-Mart Class (2) application
and Final Environmental Impact Statement (FEIS). Of this amount $179,559 has
gone to fund a contract with Shockey Brent, Inc. which includes peer review
subcontractors: Greenbusch (Noise) and Landau (Soils) who have reviewed
environmental work prepared and submitted by Wal-Mart under a separate contract,
$10,437 has been paid to Kittelson & Associates for peer review of Wal-Mart's traffic
study for their proposed new store in West Valley.
The remaining $15,169 has been spent on meeting related expenses including
audio/visual equipment, printing, etc.
Of the $205,165, to date Wal-Mart has reimbursed the City $159,174 and a bill for
reimbursement totaling $45,991 is still outstanding.
Process
The Environmental Impact Statement (EIS) process took 28 months and in
December 2005, the Hearing Examiner conducted a public hearing and issued a final
decision in early January 2006. An appeal of the Hearing Examiner's decision was
heard in April 2006 by the City Council. The City Council remanded two items back to
the Hearing Examiner, which is scheduled for June 19, 2006.
The proposed contract amendment before you today anticipates the additional cost
of professional services for technical assistance in developing a staff report, attending
and providing testimony at the Hearing Examiner's Remand Hearing and at the
continued City Council closed record appeal hearing.
The City contracted with technical professionals to assist in the review, address
technical issues and to provide expert peer review for the city council, public and if
necessary the courts. Through careful expert review of the application and
environmental elements the FEIS has identified all major impacts this project may
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,
we would request that Council approve an additional amendment to the contract
utilizing the Superior Court estimate of the Shockey Brent, Inc. contract. There would
also need to be an additional contractual amendment to the Kittelson & Associates
contract.
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