Loading...
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. 2 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 3 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. 2 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 3 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. 4