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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 v_ y: p.ESI FIWIIIEIStI&suaiie'SM '' I EA' ��e�i. a r s7 - t2�" ;�. : I'`., ��_...`�.�. i P4 f 4 7 :�I���i'�; 1,‘; �': :r t�'.a«..+ �i,f±���:d�.`-'i w �.�"�"��s.:�`: i:;�r�,i�r�`'s-��' r, r,.,.: ��^%''•�.m-'eal i'"��e�:�'�d`� ._.c . 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