HomeMy WebLinkAboutReg 2004-06-07 Item 8 - Contract Amendment - Expand Scope of Work and Extending Duration with Adolfson Associates for $12,380 O COUNCIL AGENDA SYNOPSIS
......................... Initials ......................... ITEM NO.
Meeting Date Preparedr IMayor's review Co?ncil review
June 7, 2004
ITEM ~ORMATION
CAS Number: 04-082 Original Agenda Date: June 7, 2004
Agenda Item Title: Amendments to Contract #AG03-143
Original Sponsor: Council Admin. Department of Community Development
Timeline: Jun 1 - December 31, 2004
Sponsor's Summary:
Adolfson Associates was hired to assist the Department of Community Development in preparing revisions to the
Sensitive Areas Ordinance (SAO). The current contract, for $13,830, expires June 1, 2004. The amendments to
the contract will: 1) extend the duration of the contract from June 1 to December 31, 2004; 2) expand the scope of
work to permit the contractor to assist DCD staffthrough Council review of the draft ordinance; and 3) add
$12,380 to the overall contract to pay for the additional contractor services..
Recommendations:
Sponsor: DCD recommends approval of the contract amendments.
Committee: CAP referred the contract amendment to the Council on 5/25/04 for approval.
Administration:
Cost Impact (if known): $12,380
Fund Source(if known): 0fi0 o~ q~ fio~ ,al oo
~CORD OF COUNCIL ACTION
~PENDICES
Meeting Date Attachments
CAP Memo and Exhibits A and B
6/0~/04
6/07/04 CAP Minutes (5/25/04)
City of Tu vila. StevenM. Mullet, Mayor
Depa .ui ent of Communtty Development Steve Lancaster, Director
MEMORANDUM
June 2, 2004
Mayor Steve Mullet
Members of Tukwila City Council
F M: Steve Lancaster, Director, Department of Co~'~uTMty Development
RE: Amendment to Contract and Contract Extension with Adolfson Associates
Attached for your review is a proposed contract extension and amendment to expand the
services provided by Adolfson Associates, an environmental consulting firm.
The Department of Comanunity Development has a current contract with Adolfson
Associates for a total of $13,830 (attached as Exhibit A) to provide assistance to the
Department as it has prepared a draft sensitive areas ordinance. The contract expires on
June 1, 2004, however, the work encompassed in that contract has not been completed as
yet. The proposed amendments to the existing contract (attached as Exhibit B) are to:
1. Expand the scope of the contract to permit the consultant to assist the Department
of Community Development through Council review of the draft ordinance;
2. Increase the maximum amount of compensation by $12,380; and
3. Extend the contract to December 31, 2004.
The Department has relied on existing staff to develop the proposed revisions to the
Sensitive Areas Ordinance, particularly the Urban Environmentalist, Gary Schulz given
his expertise and knowledge of the City's sensitive areas. Mr. Schulz will be leaving the
City's employment on June 7 to pursue other opportunities. As a result, the City will
need additional support for staff as the Planning Commission completes its review of the
Sensitive Areas Ordinance and then technical support for staff as the City Council begins
its review of revisions to the Sensitive Areas Ordinance.
Attachments
Q:~mydocs\1-04 SAO Update\6-7 CAS Memo.doc
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 * Fax: 206-431-3665
City of Tukwila
Contract for Services
Amendment #_[1
Between the City of Tukwila and Adolfson Associates, Inc.
That portion of Contract No. AG03-143 between the City of Tukwila and
Adolfson Associates, Inc. is amended as follows:
Under Section 1., Scope and Schedule of Services to be Performed by
Contractor, attached as Exhibit A to Contract No. AG03-143, the scope
and services are proposed to be expanded as described'in Exhibit B.
Under Section 2., Compensation and Method of Payment, is amended to
add $12,380 to the original amount of the contract. The total amount of
funds to be paid shall not exceed $26,210.
Under Section 4., Duration of Agreement is extended to December 31,
2004.
All other provisions of the contract shall remain in full force and effect.
DATED this ;Z(~ day of ~ ,20 Off
N~ '.TOR CITY OF TUKWILA
Steven M. Mullet, Mayor
ATTEST AUTHENTICATED APPR~.~AS TO FORM
Jane E. Cantu, CMC, City Clerk ('--C~l~t~ ~t~r~e~
EXHIBIT A
Contract No i4 n
/'/4')'
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 Adnlfson Associates. Inc.,
hereinafter referred to as "the Contractor whose principal office is located at 5309 Shilshole Ave.,
NW. Suite 200. Seattle. Washington 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. Srnne and Schedule of Services to he 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 ordinance's 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. Cmmnensatinn 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
$13,830.78
3. Contractor Budeet. 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 Aereement. This Agreement shall be in full force and effect for a
period commencing n on 20 and ending .....o
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.
J.
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 bf
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 Kcepinv and Renortinv.
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.
B. These records shall be maintained for a period of seven (7) years after
termination hereof unless permission to destroy then is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and by the City.
44/113 bCP
8. Audits and Insneetinns. 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. Termi0p( ion. 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
1 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. Assignment and Snheontraet. 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
:-A: changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated
by written amendments to this Agreement.
:''f 'i 13. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenler Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
14. Annlicahle Law; Venue: Attorney's Fees. This Agreement shall be governed by
and construed in accordance with 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 attorney's fees and costs of suit. p:
DATED this day of _Aellt:IM__, 2016
CIT f OF TUKWILA CONTRACTOR: 4 i l R d,m n SC? _..4_,.
i
BY: 1
Mayor, Steven M. Mullet 6 I, L Tall: 1 T-
j r
A
ATTEST /AUTHENTICATED: Printed Name: v t .4 A? I r c'm
J l
f •tif p)r ade E. Cant CMC, City Cle A DDRESS: S U l I S/lc. 4 4' k.
D x (,JA- c i E /U7
APPROVED AS TO FORM:
Office of the City Attorney
BY:
i
Mr. Gary Schulz
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188-2544
RE: Proposed Scope of Work and Cost Estimate for Tukwila Best Available Science
Code Review - Wetlands & Watercourses, City of Tukwila, Washington
Dear Gary:
Adolfson Associates, Inc. (Adolfson) is pleased to present the following revised scope of work
and cost es;imate for providing enviromnental services in support of the City of Tukwila (City)
Best Available Science (BAS) code review and revision assistance. The proposed work includes
finalization of BAS documents, review of the revised critical areas code, attendance at public
hearings, and revisions of code sections based on peer review conducted by others.
We have prep,ared this scope based on our knowledge of the BAS issues within the City of
Tukwila, various'meetings with the City staff, review of preliminary GIS inventory of sensitive
areas within the City, field investigations conducted in June 2002, and the requirements of the
Growth Management Act for BAS. We propose to complete the following tasks for this project:
Task 1 - Project Management
Adolfson will coordinate with the City of Tukwila to develop a project schedule and timeline
including anticipated dates for submittal of documents to the City. This task includes two
meetings for two Adolfson staff members with the City, and phone communications. Should
additional meetings be required, these would require an additional scope of services.
Task 2 -BAS Final Document Preparation
Ad01fson will prepare final BAS documents for wetlands and watemourses, incorporating
existing GIS and summarized inventory information provided by the City. The documents will
include basic graphics to convey sensitive area details. We will work jointly with the City to
compile information of the graphics. Adolfson will prepare one Final Wetlands BAS document
and one Final Watemourse BAS document suitable for submittal to the City. Three copies of
each final document will be provided. Task 2 assumes that the BAS documents will be finalized
prior to revision of the code and will not include management or regulatot'y recommendations.
Task 3 - Review of Draft Code Sections
Adolfson'will review the draft updated sensitive area code produced by the City. We will
review wetlands and watercourse sections only for BAS compliance. Adolfson will make
comments to the draft code sections using strike out mode in Word. Task 3 includes two rounds
i' $chidi 7 Tukwila BAS Code Review Project
October 8, 2003
Page 2 of 2
of review and revision only. Additional review and revision can be provided to the City under an
additional scope of work and cost estimate.
Task 4 - Public Meetings)~tearings
Adolfson will attend up to two public hearings at the City in support of Code revisions. We
have included time for one person for six hours at each meeting. Preparation for the meetings
will include review of eode._.materials, review of staff'reports, and compiling basic descriptive
aids for presentation.
Cost Estimate
Adolfson estimated the cost for environmental services based on the hours and rate scheduled in
the attached budget. Adolfson estimates that a sum of $13,830 will be required to complete all
work described above. This cost estimate is based upon all work being completed by June 1,
2004. Should any work be required after this date, then the cost estimate to complete this scope
of work will need to be adjusted at that time.
Adolfson will initiate additional services only after written agreement by both Adolfson and the
City ofTukwila c'oneeming revisions to th~ scope of work and additional compensation, if
necessary.
Schedule
Adolfson will initiate the proposed services described above upon receiving a written notice to
proceed. We anticipate that the tasks outlined in this scope of work will occur largely in 2004.
· Invoices for this project will be prepared periodically as needed; however, should the project be
delayed, we reserve the right to invoice more frequently.
Thank you for requesting our environmental services on the Tukwila Best Available Science and
Code Review project. We look forward to working with you. If you have any questions, do not
hesitate to call me at (206) 789-9658.
Sincerely,
ADOLFSON ASSOCIATES, INC.
Teresa Vanderburg
Director Natural Sciences
Adolfson Associates, htc.
EXHIBIT B
May20,2004
Mr. Jack Pace, Director
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188-2544
RE: Amendment to Scope of Work and Cost Estimate for Tukwila Best Available
Science Review - Wetlands & Watercourses, City of Tukwila, Washington
Dear Jack:
Adolfson Associates, Inc. (Adolfson) is pleased to present the following amendment to our
existing scope of work and cost estimate for providing environmental services in support of the
City of Tukwila (City) Best Available Science (BAS) code review and revision assistance. The
proposed work includes attendance at public hearings and revisions of code sections during the
public review process.
Our proposed Tasks 5 through 9 are described below in this amendment. Please note that Tasks
1 through 4 were scoped in our original proposal dated September 13, 2003. Task 5 covered one
out of scope meeting. We propose to complete the following tasks for this project:
Task 6 - Project Management
Adolfson will continue to coordinate with the City of Tukwila staff throughout the public review
process. This task includes two (2) additional meetings for Adolfson staffmembers with the
City staff, and phone communications. Should additional meetings be required, these would
require an additional scope of services.
Task 7 - BAS Final Document Preparation
Adolfson will prepare for and attend up to five (5) additional public meetings in support of the
CAO review process. These meetings are anticipated to include two deliberation meetings with
the Tukwila Planning Commission and three meetings with the City Council. In addition, Task 7
includes preparation time for the meetings and limited time for response to comments from either
the commissioners or cotmcil members. The scope of Task 7 does not include preparation of
Powerpoint slide presentations or other presentation materials at this time; we assume that the
City will provide these materials if needed.
Task 8 - Review of Draft Code Sections
Adolfson will review and assist the City in revising the wetlands and watercourse sections of the
sensitive areas code produced by the City. Adolfson will make comments to the draft code
sections using strike out mode in Word if needed. Task 8 includes one round of revision only in
response to review by the Planning Commission and one round of revision in response to the
Pace / Tukwila Amendment
May 20, 2004
Page 2 of 2
City Council. Additional review and revision can be provided to the City under an additional
scope of work and cost estimate.
Task 9 - Assist with Supporting Documentation
Adolfson will assist the City of Tukwila with supporting documentation for the decisions made
in revising the CAO. We anticipate that this documentation will be required as part of the
adoption process and City Council review and record. We will provide comments to materials
prepared by City planners related to GMA requirements and CTED review. We assume that the
City will author this documentation and Adolfson will provide comments and assistance as
needed to the extent of our budget under Task 9.
Cost Estimate
Adolfson estimated the cost for environmental services based on the hours and rate scheduled in
the attached budget. Adolfson estimates that $12,380 will be required to complete all work
described above. This cost estimate is based upon all work being completed by December 31,
2004. Should any work be required after this date, then the cost estimate to complete this scope
of work will need to be adjusted at that time.
Adolfson will initiate additional services only after written agreement by both Adolfson and the
City of Tukwila concerning revisions to the scope of work and additional compensation, if
necessary.
Schedule
Adolfson will initiate the proposed services described above upon receiving a written notice to
proceed. We anticipate that the tasks outlined in this scope of work will occur in 2004.
Invoices for this project will be prepared periodically as needed; however, should the project be
delayed, we reserve the right to invoice more frequently.
Thank you for requesting our environmental services on the Tukwila Best Available Science and
Code Review project. We look forward to working with you. If you have any questions, do not
hesitate to call me at (206) 789-9658.
Sincerely,
ADOLFSON ASSOCIATES, INC.
TBS. ~eecS~orVca~d;rbatu~a~ Sciences ~J
Attachment
Adolfson Associates, Inc.
Page 1 of 2
Printed: 05/26/20044:24 PM
Adolfson Associates Inc
Project Budget
Project No.: _
Project Title: Tukwila CAO Amendment
Client: City of Tukwila
Budget Total: $12,379.49
Budget Version May 20, 2004
Staff Rate Hours Total Subtotal Total
Dimctor $125.00 12.00 $1,500.00
Project Administrator $70.00 2.00 $140.00
Admin Assistance $57.50 2.00 $115.00 $1,755.00
Reimbursables Rate Units Total
Mileage $0.365 50.00 $18.25
Other $0.00
Subtotal Reimbursable $18.25
Markup on Reimbursables 10% $1.83
Total Reimbursables $20.08
Subtotal Task 6 St,775.08
Staff Rate Hours Total Subtotal Total
Director $125.00 40.00 $5,000.00
Project Administrator $70,00 2.00 $140.00
Admin Assistance $57.50 2.00 $115.00 $5,255.00
Reimbursables Rate Units Total
Mileage $0.365 140.00 $51.10
Copies $0.12 100.00 $12.00
Color printing $100.00
Subtotal Reimbursable $163.10
Markup on Reimbursables 10% $16.31
Total Reimbursables $179.41
Subtotal Task 7 $8,434.41
....................... ~"~ ~ ~:~:~..-..':~:~:..-..'::~ ::: :: ~: ~:: ~:~e~:~:: ~:~.: .~ ....................................
Staff Rate Hours Total Subtotal Total
Director $125.00 16.00 $2,000.00
Sr. Planner $100.00 4.00 $400.00
Project Administrator $70,00 2.00 $140.00 $2,540,00
Reimbursables Rate Units Total
Mileage $0.365 $0.00
Other $0.00
Subtotal Reimbursable $0.00
Markup on Reimbursables 10% $0.00
Total Reimbursables $0.00
Subtotal Task 8 $2,540.00
Page 2 of 2
Printed: 05/26/20044:24 PM
Adolfson Associates Inc
Project Budget
Project No.: _
Project Title: Tukwila CAO Amendment
Client: City of Tukwila
Budget Total: $12.379.49
Budget Version May 20, 2004
Staff Rate Hours Total Subtotal Total
Director $125.00 16.00 $2,000.00
Sr. Planner $100.00 4.00 $400.00
Admin Assistance $57.50 4.00 $230.00 $2,630.00
Reimbursables Rate Units Total
Mileage $0.365 $0.00
Other $0.00
Subtotal Reimbursable $0.00
Markup on Reimbursables 10%
Total Reimbursables $0.00
Subtotal Task 9 $2,630.00
DRAFT
Community and Parks Committee
May 25, 2004
Present: Pam Linder, Chair; Joe Duffle, Dave Fenton
Bruce Fletcher, Steve Lancaster, Carol Lumb, Paul Surek, Lucy Lauterbach
l. Macadam Winter Garden Plans are afoot for the winter garden. Parks interviewed
consultants for designing the park, and were pleased that one of the candidates was an excellent
company that normally does bigger projects, but this one was close to their hearts and passions,
and their office is within a mile of the proposed space. Johnson Braund Design Group is the
chosen team. Staffis working on the project scope and the design contract. Design will hopefully
being in July with construction of the Park planned for September. Information.
2. Adolphson Associates SAO Consultants Adolphson Associates is an environmental
consulting firm that the City has been using to help DCD write a new Sensitive Areas Ordinance.
With the current City's Environmentalist (Gary Schultz) leaving Tukwila soon, the company will
need to assume a larger role than originally anticipated. This contract extension will allow that.
An amendment to request their assistance in providing the Best Available Science includes
$12,380 for their work. Their current contract runs out June 1, 2004. Recommend contract
extension to June 7 Regular Meeting.
3. First Quarter Reports Committee members noted some of the issues raised, asked one
question, and were satisfied with the first quarter progress report. Information.
4. Other The celebration for the opening of Grandmother's Hill is scheduled for June 21st.
Committee Chair approval