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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 1 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) 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, 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