Loading...
HomeMy WebLinkAboutCOW 2007-09-10 Item 4A - Agreement - Shoreline Master Program (SMP) Consulting with ESA Adolfson COUNCIL AGENDA SYNOPSIS Initials ITEM NO, Q i Meeting Date Prepar 1 Mayor's review ou ail review J z 09/10/07 1 CPL CPI./ 09/17/07 1 CPL rso8 Q V I I T ITEM-_INF;ORMAION CAS NUMBER; 07-104 I ORIGI\ALAGENDA DATE: SEPTEMBER 10, 2007 AGENDA ITEM TITLE Shoreline Master Program Consultant Contract CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other Mtg Date 9/10/07 Mtg Date 09/17/07 Mtg Date, Mtg Date tl ttg Date Mtg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Request approval to sign new consultant contract with ESA Adolfson to continue their SUMMARY work on update of Shoreline Master Program. The City has received an additional $38,0C in grant funds from the Department of Ecology, in addition to the $65,000 originally awarded in 2005, to complete the update of the Shoreline Master Program. The majority of these funds will be used to reimburse the consultant for their work. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/28/07 RECOMMENDATIONS: SPONSOR /ADMIN. Approval COMIMITTEE Unanimous Approval; Forward to C.O.W. GOST nnimCT J UND=SOUR C E_ EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $35,000 $35,000 $0 Fund Source: WASHINGTON STATE DEPARTMENT OF ECOLOGY GRANT Comments: No City funds are required for this consultant contract RECORD OFGOUNCIL ACTION 9/10/07 I r MTG.=DATE ATTAONMENTS_.` 9/10/07 I Information Memorandum dated August 15, 2007 Consultant Contract Minutes from the Community Affairs and Parks Committee meeting of August 28, 2007 s /O.. 2' Gity of Tukwila Steven M Mullet, May d PR Department of Community Development Steve Lancaster, Direct 1908 INFORMATION MEMO To: Community Affairs and Parks Committee Members From: Jack Pace, Acting Director, Department of Community Development Date: August 15, 2007 Subject: Renew Consultant Contract for Shoreline Master Program Update ISSUE Approve the continued use of ESA 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. Of the 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. CL Paste I of2 08/14/2007 1:15:00 PM q :\2005 Shoreline Grant\ Consultant Contract \2007 -2008 Contract \8 -28 -07 CAP Memo.doc 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -361 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 CL Page 2 of 2 08114/2007 1:15:00 PM q:\2005 Shoreline Grant \Consultant Contract12007 -2008 Contract \8 -28 -07 CAP Memo.doc 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 "the 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. Scone and Schedule of Services to be Performed by 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. Comnensation 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 Budget. 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 1. 2007 and ending June 30. 2008 unless sooner terminated under the provisions hereinafter specified. 5. Indenendent 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 attorney'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 Keening and Renorting. A. The Contractor shall maintain accounts 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. CL Page 1 of 2 08/02/2007 12:51:00 PM Q;12005 -2006 Shoreline Grant1Consultant Contact\ dolfson- Contract2.doe 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. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, 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 of Tukwila 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. Annlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance wit the laws of the State of Washington. 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 attomey's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: 5,//-/ FS (14i BY: Steven et Title: Mayor, S en N1. Mull 0, 4) i e g A 11 EST /AUTHENTICATED: Printed Name: -4 to vd S yJYl elr Jane E. Cantu, CMC, City Clerk ADDRESS: s_3 O j Gi 1 SILO: hN& 1/W 9 e/d 7 APPROVED AS TO FORM: Office of the City Attorney BY: CL Page 2 of 2 08/02/2007 12:51:00 PM Q;'2005 -2006 Shoreline Gtant\Consultant Contrac'Adolfson Contract2.doc 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 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 Page 1 of 3 Last printed 8/3/2007 4:45:00 PM G:\ENVIR IMPACTS\2006 Projects\26114_Tukwila SMP \Contractual\ Contract \2007_08_contract\FinalfromCarol \Year 3 Final Scope of Work.doc 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: 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: 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 CL Page 2 of 3 08/02/2007 5:38:00 PM G:\ENVIR IMPACTS\2006 Projects\26114_Tukwila SMP Contractual\ Contract2007 _08_contract\FinalfromCarol \Year 3 Final Scope of Work.doc 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. CL Page 3 of 3 08/02/2007 5:38:00 PM G:\ENVIR IMPACTS \2006 Projects\26114_Tukwila SMP \Contractual\ Contract\ 2007_08_contract\FinalfromCarol \Year 3 Final Scope of Work.doc EXHIBIT B: BUDGET TUKWILA SMP UPDATE Task Budget Task 3..! Citlien InvofreiSentiRilblitProtess $3,00000 Reirfaiofis Staff Dtaft ':•SI8;000:00 Task 12- P(aIng COSISIISSioriRevieW r.‘••• -:$5,000.00 Task I 3..qty, CounciFRovitwanctAdoptiort•'.. 5,000.00 Task X,••;;AdditrOnaUSUppOrt• TOTAL PROJECT COST $35,000 00 7/24/2007 0, :Z• City of Tukwila V 1 N`:. ,4./== Community Affairs Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 28, 2007- 5:00 p.m. PRESENT Councilmembers: Verna Griffin (sitting in for Pam Linder, Chair), Pam Carter and Dennis Robertson Staff: Jack Pace, Carol Lumb, Brandon Miles, Derek Speck, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish and Mikel Hansen, Sabey Corporation CALL TO ORDER: Verna Griffin called the meeting to order at 4:57 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Comprehensive Plan Amendments Staff provided a brief background and summary of the current Comprehensive Plan amendment process. According to the Washington State Growth Management Act, jurisdictions may not amend their Comprehensive Plans more than once a year. The City currently has two applications for Comprehensive Plan amendments that are under consideration. On August 13, 2007, the City received a request from the Sabey Corporation for a Comprehensive Plan amendment. The deadline for amendment applications was December 31, 2006; however, this application can be considered an "emergency" request and proceed through the normal process as the existing two Comprehensive Plan amendment applications. Staff further explained that the review process for the Plan amendments is not yet complete, and this application is not interrupting the process. This application would merely need to join the existing two in the review process. Staff supports consideration of this amendment request in the 2007 review process. Full Council will be asked to determine if the amendment should be considered in 2007 with the other existing amendments, and if the amendment should be forwarded to the Planning Commission for further review. The Committee was reminded that their recommendation is merely on process at this time and not on the merits of the actual amendment application. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 10 COW FOR DISCUSSION. B. Consultant Contract for Shoreline Master Program Undate In 2005 -07, the City was awarded $65,000 in grant funding from the Washington State Department of Ecology for work relative to the City's Shoreline Master Program Update. The Department of Ecology has identified that it is taking grant recipients longer to complete projects than originally anticipated and has decided to add a third year to grant funding. Staff reported that an additional $38,000 has been received from the Department of Ecology for project completion as part of the third year funding. Originally, staff expected that some City funds would be required to continue the use of ESA Adolfson to finish the project, but with the third year grant monies, the project's consultant costs will be offset through the grant monies. Community Affairs Parks Committee Minutes August 28, 2007 Page 2 t With these additional funds, staff is seeking Council approval to renew an agreement with ESA Adolfson for consulting services regarding the Shoreline Master Program. The contract amount will not exceed $35,000. The completed Shoreline Master Program is now due to the Department of Ecology by June 30, 2008. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 10 COW FOR DISCUSSION. C. Sign Code Update Timeline Briefing Staff has begun preliminary work and is ready to proceed on a comprehensive update of the City's Sign Code which was originally written in 1982. Staff is proposing the creation of a Sign Code Committee that will be tasked with working through the specifics details of the new Code. This process, which will be open to the public, is expected to take almost one year for completion and adoption. Staff recommends this briefing move forward to full Council for further discussion. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 4 REGULAR MEETING FOR DISCUSSION. III. ANNOUNCEMENTS No announcements. W. MISCELLANEOUS Meeting adjourned at 5:22 p.m. Next meeting: Tuesday, September 11, 2007 5:00 p.m. Conference Room 3 1 Committee Chair Approval M i s by KAM. B Reviewed by CL.