HomeMy WebLinkAboutCAP 2007-08-28 Item 2B - Agreement - Shoreline Master Program (SMP) Update with ESA Adolfson
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
INFORMATION MEMO
To:
From:
Date:
Subject:
Community Affairs and Parks Committee Members f
Jack Pace, Acting Director, Department of Community Developmen
August 15,2007
Renew Consultant Contract for Shoreline Master Program Update
ISSUE
Approve the continued use ofESA Adolfson consulting firm to assist the Department of
Community Development with the update of the Tukwila Shoreline Master Program
(SMP).
BACKGROUND
The City applied for and received a 2005-2007 Grant of $65,000 from the Washington
State Department of Ecology to assist in the update of the City's Shoreline Master
Program. Ofthe initial grant award, almost $48,000 was used for consultant services,
with the remainder used to support in-house staff. The City has been awarded an
additional $38,000 in grant funds for 2007-2008 to assist in the completion of the SMP,
which is now due to Ecology by June 30, 2008.
DISCUSSION
ESA Adolfson was hired in 2006 to assist DCD staff with the update of its Shoreline
Management Program (SMP). The consultants have provided a number of products, as
specified in the first contract, that are part of the SMP update - Inventory and
Characterization Report, Restoration Plan, and a Cumulative Impacts Analysis. They also
were actively involved in the preparation of a Staff Draft Shoreline Management
Program, which was submitted to the Department of Ecology on June 29, 2007, as
required by the City's contract agreement with Ecology.
The City has received additional funding of$38,000 from Ecology to complete the
update of its SMP. The majority of the additional funding, $31,000, with a contingency
of $4,000, has been allocated for consultant services. This will allow ESA Adolfson to
attend public meetings, Planning Commission and City Council meetings to provide
technical support to staff as we move into the public review phase of the project. Some
of the monies will be used for ESA Adolfson to assist staff with any needed revisions to
the Staff Draft SMP once comments are received from Ecology.
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6300 Southcenter Boulevard, Suite #100 . Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Community Affairs and Parks Committee
Consultant for Shoreline Master Program Update
August 15,2007
RECOMMENDATION
Forward the request for consultant approval to the September 10,2007 Committee of the
Whole meeting for its review and approval for placement on the Consent Agenda for the
City Council meeting on September 17, 2007.
Attachment: 2007-2008 ESA Adolfson Contract
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Contract No.
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional
municipal code city hereinafter referred to as lithe City", and ESA Adolfson, hereinafter referred to as
"the Contractor", whose principal office is located at 5309 Shilshole Ave. N.W.. Suite 200. Seattle.
WA 98107.
WHEREAS, the City has determined the need to have certain services performed for its
citizens but does not have the personnel or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply
with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request and
obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed $35.000.00.
3. Contractor Bude:et. The Contractor shall apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior
approval from the City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing July L 2007 .and ending June 30. 2008 unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City,
its officers, agents and employees, from and against any and all claims, losses or liability, including
attomey's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this
paragraph extends to any claim. brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting
from the sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable
only to the extent of the negligence of the Contractor, its officers, agents, and employees.
7. Record Keepine: and Reportine:.
A. The Contractor shall maintain accouilts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the performance of this Agreement
and other such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
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0810212007 12:51:00 PM
Contract for Services
Shoreline Master Program Update
B. These records shall be maintained for a period of seven (7) years after
termination hereof unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject at all times to inspection, review or audit by law during the
performance of this Agreement.
9. Termination. This Agreement may at any time be terminated by the City giving to
the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to
provide products on schedule may result in contract termination.
10. Discrimination Prohibited. The Contractor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin,
marital status or presence of any sensory, mental or physical handicap.
11. AssiP11ment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the \vritten consent of the City.
12. Entire A2l"eement. This Agreement contains the entire Agreement between the
parties hereto and no other Agreements, oral or othenvise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request
changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by
written amendments to this Agreement.
13. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
14. Applicable Law; Venue; Attornev's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of \Vashington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington. The
prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this
day of
,20_
CONTRACTOR: F5.J-II2JJCFS cJA:J
BY'~~~
Title: fiJ,,:-U my- &~~
Printed Name: /..'/oyd Sf:./~I1~r-'
I
CITY OF TUKWILA
Mayor, Steven M. Mullet
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
ADDRESS: s.3 0 ? :;h, l sk.~ /!at IJ/U
:;~
C;;~ t/Z/4-
~08
0/ J>/d 7
APPROVED AS TO FORM:
Office of the City Attorney
BY:
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EXHIBIT A - SCOPE OF WORK
ESA ADOlFSON
City of Tukwila
SHORELINE MASTER PROGRAM UPDATE
The following tasks are numbered according to the City's Scope of Work for the
Shoreline Master Program Update, as defined by the Department of Ecology Grant
Contract (SMA Grant Agreement No.G0600234). This scope of work includes all tasks
specified in the grant with anticipated consultant involvement. The total amount of the
work shall not exceed $35,000 unless the Contract and Scope of Work are amended.
Task 3:
Citizen Involvement I Public Process
At the direction of City staff, support City staff in preparation for and
presentation of materials to the public and elected officials.
Anticipated meetings include:
. Targeted Public Outreach Meetings with Citizens, Affected
Landowners: up to 3 meetings
. Planning Commission: up to 5 meetings (see Task 12 below)
. City Council Committee meetings or Council meetings: up to 5
total (see Task 13 below)
The project manager will attend all meetings (13 total). The project
principal in charge will attend up to 3 meetings total.
Assumptions
for Task 3:
Each meeting scoped at 7 hours per staff, comprised of 1.5 hr
preparation, 1.5 hr travel, 2 hrs meeting attendance/participation, 2
hr follow-up.
Due Date:
Public Meetings will begin in the Fall; Planning Commission and
City Council meetings will take place in 2008.
Task 11:
Revisions to Staff Draft of SMP
At the direction of City staff, support City staff in review, evaluation,
and preparation of revised SMP based on comment from Ecology,
the public, stakeholders, and elected officials throughout the public
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Exhibit A - Scope of Work
Tukwila Shoreline Master Program Update
Year 3
review/adoption process. Elements may include revision and/or
development of new policies and regulations. City staff support will
be used, in coordination with consultant staff, to develop any new
maps needed for the SMP using the City's GIS database as well as
revising maps as needed.
Assumptions
for Task 11:
City staff will direct Adolfson for support on specific elements at
their discretion, within the hours and budget specified for the task.
Due Date:
Revisions to Staff Draft are anticipated to occur in the First Quarter of Year 3
of the Grant (July 1-September 30, 2007), however the time frame depends on
when comments are received from Ecology.
Task 12:
Planning Commission Review of Staff Draft of SMP
As noted under Task 3 above, provide support to City staff in their briefing
of the Planning Commission on staff draft SMP and development
regulations, attend at least one public work shop and one public hearing
for public comment, assist staff in revising draft documents based on
Planning Commission direction. Consultant support also will be provided
by preparation of issue papers as needed during Planning Commission
review of the staff draft SMP.
Assumptions
for Task 12:
Due Date:
Attendance at up to 5 meetings is anticipated. Each meeting
scoped at 7 hours per staff, comprised of 1.5 hr preparation, 1.5 hr
travel, 2 hrs meeting attendance/participation, 2 hr follow-up.
Completion of Planning Commission review is anticipated by
March 31, 2008
Task 13:
City Council Review of Planning Commission Recommended
SMP and Adoption of final SMP and Implementing Regulations
As noted under Task 3 above, provide support to City staff in their
briefing of City Council on Planning Commission recommended
draft SMP and development regulations, attend at least one public
work shop and one public hearing for public comment, assist staff
in revising documents based on Council direction and assist staff in
preparing documents for final adoption by Council during yearly
cycle of amendments to Tukwila Comprehensive Plan. Consultant
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Exhibit A - Scope of Work
Tukwila Shoreline Master Program Update
Year 3
support also will be provided by preparation of issue papers as needed
during Council review of the Planning Commission recommended SMP.
Assumptions
for Task 13:
Attendance at up to 5 meetings is anticipated. Each meeting
scoped at 7 hours per staff, comprised of 1.5 hr preparation, 1.5 hr
travel, 2 hrs meeting attendance/participation, 2 hr follow-up.
Due Date:
June 30, 2008
Task 14:
Additional Support
This task shall operate as a contingency fund for work that exceeds
what is anticipated to be needed and is budgeted for the tasks
scoped above. Work performed under this task must be authorized
specifically by City staff.
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7/24/2007
EXHIBIT B: BUDGET - TUKWlLA SMP UPDATE
-- -- - - -- - - - .- .
Task.3 - Citizen.lhVolvemerWfRlIblicProcess
- - . -
T.aSK 1t-RevIsionstoStaffDraft'SMP'
Task '12~ Plannirig.ConirriiSSlonReview- ......
'Task.X.~Addition;iISuppClrt.....
T()TAl..PRO~Ee"f;._C()sr,~.;,;
..
-
Task Budget
$3,000.00
~'$18JOOO;OO
'$5,000;00
. .$5,000,00
$4,000.00
-- . -..
$'35,000:.00