HomeMy WebLinkAboutR-2005-027 Shockey Brent, Inc. Contract AmendmentRESOLUTION NO. R-2005-27
A RESOLUTION authorizing the City Manager of the City of Yakima to
execute an amendment to City Contract No. 2003-28 with
Shockey Brent, Inc., to provide for additional environmental
review services related to the draft Environmental Impact
Statement that was issued by the City regarding the possible
siting and construction of a retail facility by the Wal-Mart
Company in the Nob Hill/Meadowbrook/Tieton area of the
City of Yakima.
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 Shockey Brent, Inc. ("City Contract No. 2003-28") for
environmental review services regarding the proposal of the Wal-Mart Company
to construct a retail facility in the Nob HiII/Meadowbrook/Tieton area of the City
of Yakima; and
WHEREAS, on April 9, 2004, the Wal-Mart Company submitted a new land
use/rezone application for the possible siting and 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 required additional environmental review services
related to the new land use/rezone application and the draft Environmental
Impact Statement ("DEIS") that was issued by the City relative to Wal-Mart
proposals to construct a retail facility in the Nob HiII/Meadowbrook/Tieton area;
and
WHEREAS, the City Council authorized amendments to City Contract No.
2003-28 to reflect this and that increased the compensation level from $25,000
to $71,125; and
WHEREAS, additional information and environmental review services
related to said DEIS are required and an additional amendment to the City
Contract 2003-28 is,rpquested; and
WHEREAS, the Consultant is willing to provide these additional
environmental review services in accordance with the attached amendment to
City Contract No. 2003-28; and
WHEREAS, the City Council deems it to be in the best interest of the City to
authorize execution of the attached contract amendment with Shockey Brent,
Inc., to provide for additional environmental review services, 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 and directed
to execute the attached and incorporated "Fourth Amendment to City
Contract No. 2003-28" with Shockey Brent, Inc., to provide for additional
environmental review services related to the draft Environmental Impact
Statementthat was issued by the City regarding the possible siting and
construction of a retail facility by the Wal-Mart Company in the Nob
Hill/Meadowbrook/Tieton area of the City of Yakima. The City Attorney shall
approve the final form of the Agreement.
ADOPTED BY THE CITY COUNCIL this 1st day of February, 2005.
ATTEST:
City Clerk
aul P. George, Mayor
Roy --a7
FOURTH AMENDMENT OF CITY CONTRACT NO. 2003-28
This 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").
WHEREAS, on March 20, 2003, City Contract No. 2003-28 was executed by duly
authorized representatives of the Consultant and the City.
WHEREAS, under City Contract No. 2003-28, the Consultant has provided
environmental review services regarding the proposal of the Wal-Mart Company to construct
a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima.
WHEREAS, on April 9, 2004, the Wal-Mart Company submitted a new land
use/rezone application for the possible siting and 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 required additional environmental review services related to the
new land use/rezone application and the subsequent draft Environmental Impact Statement
("DEIS") that was issued by the City relative to Wal-Mart proposals to construct a retail
facility in the Nob Hill/Meadowbrook/Tieton area.
WHEREAS, the City Council authorized three amendments to City Contract No. 2003-
28 to reflect this and that increased the compensation level from $25,000.00 to
$ 71,125.00.
WHEREAS, due to the need for additional environmental review services related to
said DEIS, an additional amendment to the City Contract 2003-28 is necessary.
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 Section
1 of City Contract No. 2003-28 and the First, Second and Third Amendments to said
Contract, the Consultant shall provide the following additional environmental review
services:
1
Final Environmental Impact Statement
This scope assumes that Shockey/Brent, Inc. will have maximum involvement
in the preparation of the FEIS
Shockey/Brent, Inc. will coordinate a comment review meeting in Yakima on
February 4, 2005. Subsequent to said meeting, Reid Shockey will assist the
City in prioritizing and describing the comments received on the Draft EIS. He
will instruct the applicant on areas of further study required for the Final EIS
and will assist the applicant with questions during the additional review
phase.
Upon receipt of the applicant's additional analysis, Shockey/Brent, Inc. will
review and edit the work, and assign tasks to and coordinate the work of
Subconsultants regarding such analysis as appropriate.
Shockey/Brent, Inc. will draft responses to comments and will incorporate the
additional analysis and peer review comments as appropriate. It will develop
the format for the FEIS for review by the City and, upon approval, will prepare
preliminary Final EIS for City review. Aninitial draft review document will be
submitted to the City, with adjustments being made by Shockey/Brent, Inc.
after said review. A final draft will be prepared for approval by the City.
Shockey/Brent, Inc. will provide a camera-ready version for delivery to city and
will coordinate with City Staff on production of the FEIS.
When requested and as deemed necessary by the City, Reid Shockey shall
prepare and deliver FEIS presentation(s) to City Council and/or the Hearing
Examiner.
Nexus and Proportionality Analysis
In preparation for issuance of the Final EIS and consideration of_ permits, the
City desires an analysis of issues related to permit conditions and
environmental mitigation. Shockey/Brent, Inc. will provide such analysis in a
written memorandum for review by the City and the City's legal counsel.
FEIS Input to Class 2 Permit Review
As requested by the City, Shockey/Brent, Inc. will provide analysis related to
the findings of the FEIS as part of the City's review and decision-making of the
Class 2 permit. Services under this scope do not include preparation of staff
reports or other analysis directly related to the Class 2 permit review itself.
In consideration of providing said environmental review services, the
Consultant will be paid in accordance with hourly rates set forth in attached
2
and incorporated "Schedule of Rates" (Exhibit "A"). The City shall also be
responsible for the costs of the Subsconsultants (Landau and Greenbush)
utilized by the Consultant for review of particular areas of the DEIS (traffic,
noise, air quality), and to review and address comments received concerning
noise, soils and air quality areas of the DEIS. In accordance with the attached
and incorporated "Final EIS Budget" (Exhibit "B"), the maximum total amount
payable by the City to the Consultant and Subconsultants (but excluding the
costs of the traffic Subconsultant) under City Contract No. 2003-28 and
subsequent Amendments shall not exceed One Hundred Twenty Three
Thousand and Seven Hundred and Forty Eight Dollars ($127,653.97).
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 February, 2005.
SHOCKEY BRENT, INC. CITY OF YAKIMA
Reid H. Shockey, AICP,
President
Date:
By:���`ol
R. A. Zais, Jr., City Manager
Date:
By:
Laura S. Brent, AICP,
Vice President ATTEST:
Date: By: 7 CAl`:c't"'
City Clerk n
Resolution No.: K aW0.`) —a2`%
Contract No.: 0 /t
3
Exhibit A.
Shockey/Brent, Inc.
Schedule of 2005 Professional Service Fees
(Effective January 1, 2005)
2005 Direct Expenses Rate
Bulk Copies $ .15 per page
Mileage $ .37 per mile
FAX Copies $ 0.00
Authorized Subconsultants Cost plus 3%
Outside Services (printing, etc.) Cost plus 10%
CADD Station $0.00
Plan Sheet Prints $1.50 each
Final Plotting Fee $0.00
Living & travel expenses outside of service area Cost plus 10%
2003
2004
2005
Managing Principal
$125
$125
$145
Senior Associate
$125$125
$130
Senior Engineer
$105
$105
$115
Engineer
$9.0
$85
$90
Sr. Planner
$95
$95
$95
Wetland Scientist
$95
$95
$95
Environmental Planner
$90
$90
$90
Design Planner
$85
$85
$85
Planner
$80
$85
$85
Engineering Technician
$75
$75
$75
Associate Planner
$65
$65
$70
Technical Support
$60
$65
$65
Clerical
$45
$45
$48
2005 Direct Expenses Rate
Bulk Copies $ .15 per page
Mileage $ .37 per mile
FAX Copies $ 0.00
Authorized Subconsultants Cost plus 3%
Outside Services (printing, etc.) Cost plus 10%
CADD Station $0.00
Plan Sheet Prints $1.50 each
Final Plotting Fee $0.00
Living & travel expenses outside of service area Cost plus 10%
Yakima EIS
Wal-Mart Proposal
Final EIS Budget
January 1, 2005
Page 1
EXHIBIT B
Shockey/Brent Inc.
1/27/2005
Shockey
Anderson
Shepherd
Townsell
Vos
Shockey/Brent, Inc.
Total
Greenbusch
Landau
Grand
Total
Complete
Hours
Cost
Hours
Cost
Hours • Cost
Hours
Cost
Hours
Cost
Hours
Cost
Direct
Total
1
1
Overage from previous contract limit
11/30/2004
$3,906
$3,906
$3,906
Comment review meeting in Yakima
2/4/2005
16
$2,320
16
$2,320
$2,320
$2,320
Assist City to prioritize and characterize response to comments
received on DEIS
2/11/2005
24
$3,480
24
$3,480
$3,480
$3,480
Instruct applicant on areas of further study required for FEIS
2/16/2005
12
$1,740
20
16
25
45
$1,740
$2,900
$2,320
$2,285
$6,525
$1,740
$2,900
$2,320 $1,500
$2,285
$6,525
$1,500
$1,740
$2,900
$5,320
$2,285
$6,525
Review and edit applicant's additional analysis
3/18/2005
20
16
5
$2,900
$2,320
$725
4
$360
16
$1,200
Coordinate Peer Review
3/18/2005
Develop format for FEIS
2/18/2005
Draft response to comments
2/14/2005
. 45
$6,525
Prepare preliminary Final EIS for City Review
2/24/2005
36
$5,220
8
$520
44
$5,740
$5,740
$5,740
Adjustments to Final EIS per City Review
3/7/2005
16
$2,320
$2,320
$2,320
$2,320
Final Draft for Final City Review
3/11/2005
8
$1,160
8
$720
16
$1,200
$3,080
- $3,080
$3,080
Final Camera Ready for Delivery to City
3/18/2005
4
$580
8
$720
8
$600
8
$520
8
$384
30
$2,804
$2,882
$2,804
$2,882
$2,804
$2,882
Coordinate with City Staff on production of FEIS
3/25/2005
10
$1,450
8
$720
8
$520
4
$192
Nexus and Proportionality Analysis
16
$2,320
16
$2,320
$1,500
$2,320
$1,500
$2,320
$1,500
Direct Expense
Contingency
21.2
$3,074
2.8
$252
4
$300
2.4
$156
30.4
$3,782
$3,782
$3,782
$52,904
$3,625
Total EIS Expense
249.2
25
$36,134
$3,625
30.8
$2,772
44
$3,300
26.4
$1,716
12
$576
266
$44,4981$1,500
$3,625
$49,904
$3,625
$1,500
$1,500
Provide SEPA Analysis for Class 2 Permit Review
Total Contract Expense
274.2
$ 39,759
$ 48,123
$ 53,529
$56,529
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EIS Appeal (It filed)
150
$21,750
20
$960
170
$22,710
$22,710
$2,000
$1,500
$26,210
Shockey/Brent Inc.
1/27/2005
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. CI
For Meeting of February 1, 2005
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: if BY • 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 F d 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:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-27 (Shockey Brent)
Resolution adopted. RESOLUTION NO. R-2005-28 (Kittelson & Assoc.)
1
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:
1) 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