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HomeMy WebLinkAboutR-2005-190 Shockey Brent, Inc. Contract Amendment No. 4RESOLUTION 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 comer 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 this 6thdayof December, 2005. ATTEST: .i<ALAA,„ ie_f›-6 City Clerk res/ShockeyBrent amendment -4 Paul P. George, Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4 11f For Meeting of December 6, 2005 ITEM TITLE: Consideration of Resolution_ authorizing an amendment to professional service agreement with Shockey Brent & Associates for technical planning services for Wal-Mart on Congdon Orchard site proposal at 64th Avenue: SUBMITTED BY: V/ pWi liam 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. 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. 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 Wal-Mart. $13,079.02 has been paid to Kittelsdn & Associates for peer review Wal -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 NO. R-2005-190 1 li I \ 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. 11 FOURTH AMENDMENT OF CITY CONTRACT NO. 2003-28 This Amendment of City Contract No. 2003-28 is made and entered into by and between ShockeyBrent, 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 By: l Reid H. Shockey, Presiden Date: By: L. ra . Brent, AICP, Vice President By: R. A. Zais, r., City Manager Date: ATTEST: Date: I , —8' —0r Bv: City Clerk Resolution No/6.44,5-d--/9J 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 -- ShockeyBrent $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 By: l Reid H. Shockey, Presiden Date: By: L. ra . Brent, AICP, Vice President By: R. A. Zais, r., City Manager Date: ATTEST: Date: I , —8' —0r Bv: City Clerk Resolution No/6.44,5-d--/9J Contract No.: o&Q4.3 2f 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