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
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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.
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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:
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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%
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