HomeMy WebLinkAboutR-2004-179 Shockey Brent, Inc. Contract Amendment No. 3 (re: Wal-Mart )RESOLUTION NO. R-2004- 179
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
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; and
WHEREAS, the City required additional environmental review services related to the
new land use/rezone application; and
WHEREAS, the City Council authorized two previous amendments to City Contract No.
2003-28 to reflect this and that increased the compensation level from $25,000 to $60,000; and
WHEREAS, on approximately October 27, 2004, the City issued the draft Environmental
Impact Statement ("DEIS") relative to Wal-Mart proposals to construct a retail facility in the
Nob Hill/Meadowbrook/Tieton area; and
WHEREAS, due to the need for additional information and environmental review
services related to said DEIS, an additional amendment to the City Contract 2003-28 is
requested; and
WHEREAS, the Consultant is willing to provide these additional environmental review
services in accordance with this amendment to City Contract No. 2003-28.
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 "Third 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. The City Attorney shall approve the final form of the Agreement.
ADOPTED BY THE CITY COUNCIL this 16`" day of November, 2004.
ATTEST:
City Clerk
Paul P. George, Mayor
X _aoo y-/ ? i
THIRD 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.
WHEREAS, the City Council authorized two previous amendments to City Contract No. 2003-28
to reflect this and that increased the compensation level from $25,000 to $60,000.
WHEREAS, on approximately October 27, 2004, the City issued the draft Environmental Impact
Statement relative to Wal-Mart proposals to construct a retail facility in the Nob
Hill/Meadowbrook/Tieton area.
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.
follows:
NOW, THEREFORE, the. City and the Consultant agree to amend City Contract No. 2003-28 as
In addition to the environmental review services as described and set forth in Section 1 of
City Contract No. 2003-28 and the First and Second Amendments to said Contract, the
Consultant shall provide the following additional environmental review services as
requested relative to the draft Environmental Impact Statement ("DEIS"):
• Assist City to develop response to comments received on the DEIS.
1
• Coordinate, as necessary, the subconsultant review of the comments on
the DEIS.
• Attend and moderate public comment hearing on November 18, 2004.
o Prepare preliminary Final EIS for City review.
• Coordinate with City personnel on production of Final EIS.
In consideration of providing said environmental review services, the Consultant will be
paid in accordance with hourly rates set forth in Section (5)(a). of City Contract No. 2003-
28. The maximum total amount payable by the City to the Consultant under City
Contract No. 2003-28 and subsequent Amendments shall not exceed Seventy One
Thousand One Hundred and Twenty Five Dollars ($71,125.00).
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 Third Amendment to City Contract
2003-28 this day of November, 2004.
SHOCKEY BRENT, INC.
By:
Reid H. Shockey, President
Date:
By:
ura S. Brent, AICP,
VicePresident /
Date: !q6/0
CITY OF YAKIMA
Date: 11--t g—og
ATTEST:
By: i<LIhR-✓" ,O
City Clerk /(-(g-oN
Resolution No.: W O?Gb1"/%9
Contract No.: czQ3'v?8
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 413
For Meeting of November 16, 2004
ITEM TITLE: Consideration of resolution authorizing a contract amendment with
Shockey Brent, Inc. to provide environmental review services to the
City of Yakima and approving a motion to use contingency funds to
cover the cost of this amendment which will be reimbursed by the
applicant.
SUBMITTED BY: William R. Cook, Director, Community and Economic
Development Department
CONTACT PERSON/ TELEPHONE: Doug Maples, Manager, Code Administration
and Planning Division (575-6121)
SUMMARY EXPLANATION:
With the completion and release for comment of the Wal-Mart Draft Environmental
Impact Statement (DEIS) our contract for professional services with Shockey Brent,
Inc. has reached the limit Council has approved.
The City Council has approved three increases since March 2004 for Shockey
Brent, Inc. assistance to process the Wal-Mart application. Based on the amount of
work to complete the EIS the contract necessitates an increase amendment of
$11,125. This raises the total contract to $71,125. The applicant (Wal-Mart) will
reimburse all funds to the City for this application. As of this date, the applicant has
reimbursed the City $34,571.69.
Attached for City Council consideration is a proposed amendment to the
professional services contract with the Shockey Brent, Inc., a land use and
environmental firm. Under the contract, the firm would continue to assist the Code
Administration and Planning Division with the environmental review process regarding
the Wal-Mart land use application.
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address):
Phone:
Funding Source Contingency nd to be reimbursed
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Pass resolution authorizing the contract amendment
and approve the motion to use contingency funds for this amendment.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-179