HomeMy WebLinkAboutR-2005-028 Kittelson & Associates Contract AmendmentA RESOLUTION
RESOLUTION NO. R-2005 28
authorizing the City Manager of the City of Yakima to execute an
amendment to City Contract No. 2003-42 with Kittelson &
Associates for environmental review services related to traffic issues
regarding the possible siting and construction of a retail facility by
the Wal-Mart Company in the Nob HiII/Meadowbrook/Tieton area
of the City of Yakima.
WHEREAS, in spring 2003 the City of Yakima entered into a professional services
contract (City Contract No. 2003-42) with Kittelson & Associates to assist with the
preparation and drafting of the City's Transportation Plan Update; and
WHEREAS, City Contract No. 2003-42 provides that Kittelson & Associates shall
receive a maximum total payment of Seventy -Five Thousand Dollars ($75,000) for said
Transportation Plan Update services; and
WHEREAS, Wal-Mart Company proposes to construct a retail facility in the Nob
Hill/Meadowbrook/Tieton area of the City of Yakima that raises a number of traffic
issues; and
WHEREAS, the City has utilized Kittelson & Associates under City Contract No.
2003-42 to provide environmental review services related to said traffic issues; and
WHEREAS, the City requires additional environmental review services related to
said traffic issues and desires to use Kittelson & Associates to provide these services; and
WHEREAS, it is necessary to execute an amendment to City Contract No. 2003-42
to provide for these additional environmental review services; and
WHEREAS, payments to Kittelson & Associates for these additional environmental
review services under the contract amendment would not to exceed Thirteen
Thousand Dollars ($13,000.00) over and above the original contract amount of Seventy -
Five Thousand Dollars ($75,000); and
WHEREAS, the City Council deems it to be in the best interest of the City to
authorize execution of a contract amendment with Kittelson & Associates to provide for
additional environmental review services related to traffic issues concerning the Wal-
Mart Company's proposal to construct a retail facility in the Nob
Hill/Meadowbrook/Tieton area, 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 an
amendment to City Contract No. 2003-42 with Kittelson & Associates for environmental
review services related to traffic issues regarding the possible siting and construction of
a retail facility by the Wal-Mart Company in the Nob HiII/Meadowbrook/Tieton area of
the City of Yakima. The payment authorized by the amendment shall not exceed
Thirteen Thousand Dollars ($13,000.00) over and above the original contract amount of
Seventy Five Thousand Dollars ($75,000.00). The form of the amendment to City
Contract No. 2003-42 shall be subject to review and approval of the City Attorney.
ADOPTED BY THE CITY COUNCIL this 1St day of February, 2005.
ATTEST:
City Clerk
aJ
Paul P. George, Mayor
X -,3005-2k
AMENDMENT OF CITY CONTRACT NO. 2003-42
This Amendment of City Contract No. 2003-42 is made and entered into
by and between Kittelson & Associates, Inc., a transportation planning and
traffic engineering firm, and the City of Yakima, a Washington municipal
corporation, hereinafter "City."
WHEREAS, in the spring of 2003 the City of Yakima entered into a
professional services contract (City Contract No. 2003-42) with Kittelson &
Associates to assist with the preparation and drafting of the City's Transportation
Plan Update; and
WHEREAS, City Contract No. 2003-42 provides that Kittelson & Associates
shall receive a maximum total payment of Seventy -Five Thousand Dollars
($75,000) for said Transportation Plan Update services; and
WHEREAS, the Wal-Mart Company proposes to construct a retail facility in
the Nob Hill/Meadowbrook/Tieton area of the City of Yakima that raises a
number of traffic issues; and
WHEREAS, the City has utilized Kittelson & Associates under City Contract
No. 2003-42 to provide environmental review services related to said traffic
issues; and
WHEREAS, the City requires additional environmental review services
related to said traffic issues and desires to use Kittelson & Associates to provide
these services; and
WHEREAS, it is necessary to execute an amendment to City Contract No.
2003-42 to provide for these additional environmental review services; and
WHEREAS, on February 1, 2005, the City Council passed Resolution No. R.
2005-28 authorizing Kittelson & Associates to provide these additional
environmental review services and directing the City Manager to execute an
amendment to City Contract No. 2003-42 to reflect said additional services; and
WHEREAS, Kittelson & Associates is willing to provide these additional
environmental review services in accordance with this amendment to City
Contract No. 2003-42;
NOW, .THEREFORE, the City and Kittelson & Associates agree to amend
City Contract No. 2003-28 as follows:
In addition to the professional services as described and set forth in
Section 1 and Exhibit A of City Contract No. 2003-42, Kittelson &
Associates shall provide the following additional environmental
review services:
• Review the transportation section of the preliminary Final
Environmental Impact Statement ("FEIS"), including but
not limited to ensuring that the methodology and
technical analysis contained in the document are
consistent with national standards, and reviewing the
findings of the analysis for technical accuracy, feasibility
and reasonableness.
• Submit a memorandum to Shockey/Brent on the findings
of the FEIS review.
• Assist Shockey/Brent in responding to comments on the
FEIS.
• Assist Shockey/Brent in the nexus and proportionality
analysis.
• Participate in conference calls with Shockey/Brent and
City staff and legal counsel during the project duration.
• Attend up to two (2) meetings or hearings in the City of
Yakima.
The total fee for these additional services under this Contract
Amendment and the original services under City Contract No. 2003-
42 shall not exceed Eighty -Eight Thousand Dollars ($88,000.00).
Except to the extent expressly amended herein, all of the other
terms and conditions of City Contract 2003-42 remain in full force
and effect.
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IN WITNESS WHEREOF, the parties have executed this Amendment to City
Contract 2003-28 this c5.14 -day of April, 2005.
KITTELSON & ASSOCIATES, INC.
uli
Kuhn, Principal Engineer
CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Date: 4(1 `1 ac Date: y' a
ATTEST:
By: l< -w- �d
City Clerk
Resolution No.: /Qv7D(J55028
Contract No.: 1403
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. `
For Meeting of February 1, 2005
ITEM TITLE: Consideration of Resolutions authorizing amendments to professional
service agreements for technical planning services, peer level review,
and traffic engineering analysis to prepare and complete final State -
mandated Environmental Impact Statement for Wal-Mart on Congdon
Orchard site proposals at 72nd Avenue and 64th Avenue:
A. Professional Services Agreement with Reid Shockey
B. Professional Services Agreement with Kittelson & Associates
SUBMITTED BY: V�v�riliam R. Cook, Director, Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration
and Planning Division (575-6121)
SUMMARY EXPLANATION:
To date the City has spent $83,496.65 on preparation of the 1,992 page Wal-Mart
Environmental Impact Statement (EIS). Of this amount $75,030.97 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. $8,465.68 has been paid to Kittelson & 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 FW to be reimbursed
APPROVED FOR SUBMITTAL: —��
City Manager
STAFF RECOMMENDATION:Pass resolution (A) authorizing the environmental
contract amendment and approve the motion to use contingency funds for this
amendment and resolution (B) authorizing the City Manager to amend traffic analysis
contract.
BOARD/COMMISSION RECOMMENDATION:
Resolution adopted. RESOLUTION NO. R-2005-27 (Shockey Brent)
Resolution adopted. RESOLUTION NO. R-2005-28 (Kittelson & Assoc.)
COUNCIL ACTION:
Of the $83,496.65, Wal-Mart has reimbursed the City $34,571.69 and a second bill
for reimbursement totaling $48,924.96 is still outstanding.
Thus far the process has covered 18 months from the City issuing 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 7 hours of public testimony.
At this point, there remain several steps to complete the DEIS and produce a Final
Environmental Impact Statement (FEIS). These would include: City staff review of all
comments, oversight of additional Wal-Mart technical public studies as necessary to
amend the DEIS and/or respond to public comments, peer review of Wal -Mart's new
technical work as required, and completion of the FEIS.
In addition, the proposed amendments before you today anticipate the additional
cost of peer review, professional testimony to the Hearing Examiner and City Council.
The DEIS (and when completed, the FEIS) will be 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, provide expert peer
review for the city council, public and if necessary the courts. The planning staff does
not have the capacity or expertise to commit to a project of this size and complexity
without the help of outside professional consultants. It is imperative for the City to
have the project application and environmental elements reviewed thoroughly so the
FEIS will have identified all major impacts this project may potentially bring to the
proposed site.
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The estimated total cost to complete the FEIS is as follows:
1. Reid Shockey contract (technical planning
services) which includes peer review
professional subcontracts with Greenbusch
(noise expert) and Landau: (soils expert)
Plus
2. Kittelson and Associates for (technical
engineering experts) Wal-Mart project / traffic
analysis and transportation peer review and
consulting: (This City has a master contract
with Kittelson for GMA transportation planning
update. This an additional element to this
contract)
Plus
3. Independent professional Economic
/Environmental Analysis with a yet to be
determined consultant. Estimated cost up
through and including city Council
presentation: (Please note: We do not have a
contract for this work ready for Council
consideration at this time, and no action by Council
is being requested at this time)
Additional Revised
Current Services Total
Contract @ 2/1/2005 Contract
$71,125 , $52,623 $123,748
$8,466 $13,310 $21,726
$0.00
$18,000
(est.)
$18,000
TOTAL $79,590 $83,933 $163,523
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For your consideration today, we are asking Council's approval to:
Amend the City's professional services contract with Shockey Brent, Inc
(attached) to increase the total contract amount by $52,623 (excluding
appeals).
2) Authorize the City Manager to amend the City's contract with Kittelson and
Associates to increase the total contract amount by $13,000 (excluding
appeals).
These contract amendments should be sufficient to fund the professional
consulting services needed to complete the Wal -mart FEIS. However, should there be an
appeal to Superior Court of the City's Final Environmental Impact Statement, we have
estimates from Shockey Brent, Inc of an additional $26,210 and from Kittelson &
Associates of an additional $5,000 to provide expert testimony for an appeal. An
additional amount would also be necessary to cover fees and expenses of the
professional testimony we would need for the economic/environmental consultant but we
have no estimate of this cost at this time. Should an appeal be filed, we would request
Council approval to amend all three contracts: 1) Shockey Brent, Inc.; 2) Kittelson and
Associates and, 3) yet to be determined economic/environmental consultant
Funding
The funding for this contract amendment will come from the City's contingency fund. Wal -
Mart's legal counsel has assured staff Wal-Mart will reimburse the costs associated with
the processing of the environmental document, 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 EIS. Without Wal -Mart's
commitment to reimburse these expenses, the City is obligated to pay these costs.
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