HomeMy WebLinkAbout18-107 - The Watershed Company - Shoreline Master Plan Regulations Updates18-107(a)
Council Approval N/A
day of
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 18-107
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and The Watershed Company
That portion of Contract No. 18-107 between the City of Tukwila and The Watershed
Company is hereby amended as follows:
Section 1: Scope and Schedule of Services to be Performed by Contractor. The
Contractor shall perform those services described on Exhibit A and within the budget described on
Exhibit B 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.
Section 4: Duration of Agreement. This agreement shall be in full force and effect for a
period commencing June 25, 2018 and ending December 31, 2019, unless sooner
terminated under the provisions hereinafter specified.
All other provisions of the contract shall remain in full force and effect.
, 20
Dated this
CITY OTUKWILA
Allan Ekberg, Mayor
CONTRACTOR
Printed Name:
CA Revised December 2016
Page 1 of 1
AMENDMENT #1
EXHIBIT A
SCOPE OF WORK
This amendment expands upon the existing scope of work as outlined in Contract No. 18-107.
Additional Services to Support Local Adoption
13. Additional service needs have been identified by City staff to support the City's periodic
review process of the Shoreline Master Program. This includes attendance at up to three (3)
additional public meetings (Council sub -committee meetings, Council meetings, and/or public
hearings), responses to additional public comments from the above meetings, preparation of
revised amendments per City and/or Ecology direction, and assistance with preparation of the
submittal package to Ecology.
Project Contingency
14. Additional, but similar, services beyond those listed above, may be requested by the City to
help facilitate the completion of the periodic update process. Any such services would need
prior approval by the City before initiation of work.
Page 1 of 2
AMENDMENT #1
EXHIBIT B
BUDGET
ADDITIONAL SERVICE TO SUPPORT LOCAL ADOPTION
Additional Services
Attend public meetings (3), respond to additional
13 comments, prepare revised amendments, and assist with
submittal package to Ecology
Expenses
Contingency
14 I Project contingency
TOTAL FOR AMENDMENT
Total Cost
$7,330
$90
$2,580
$10,000
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number: 18-107
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and The Watershed Company,
hereinafter referred to as "the Contractor," whose principal office is located at 750 Sixth Street S,
Kirkland, WA 98033.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower 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 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. 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 $24,750.
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
June 25, 2018, and ending July 31, 2019, 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.
4_ c2 1(-5-1
CA Revised December 2016 Page 1 of 4
6. Indemnification. The Contractor shall defend' indemnify and hold the Public Entitv, its offioero.
OffiCi8|S' employees and volunteers harmless from any and all d8iO0S, injuries, d8[DUgHS, losses or
suits including attorney fees, arising out of or in connection with the performance Ofthis Agreement,
except for injuries 8Ddd80@g8SC8U8edbythe sole negligence Ofthe Public Entity.
@hOU|d @ court Of cODloeteOi jurisdiction determine that this AoF88DleOt is sUhi8Ct to F<CVV 4.24-115'
then, in the event of liability for damages arising out Of bodily injury to pg[SUOS Or daOl8AeS to
property caused by or PBSV|tiOg from the C0OCUrneDt negligence of the C0Ot[8[tO[ and the Public
Entity, its Officers' VffiCi8|S' employees, and VO|UDteerS' the Contractor's liability hereunder shall be
only to the extent of the CODir@[tOr'S negligence. It is further specifically and expressly UOdenStOOd
that the indemnification provided herein constitutes the {}0Ot[8Ct0/s vvgiV8r Of iO000UOity under
Industrial |OsVraDCe' Title 51 F(CVV' SO|e|y for the purposes of this iDdenoOifiC8dOO. This vV8iVe[ has
been mutually negotiated bythe parties. The provisions Vfthis section shall survive the expiration Or
termination of this /\g[ee[DROt.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons o[damage b} property which may arise from or in CODOectiOD
with the performance Of the VVOrh hereunder by the COOt[@Ct0[' their agents, [8p[eSeO[8t|VeS'
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
|i0i[S as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such iOSU[@Oce' or otherwise limit the City'S nBCOU[Se to any remedy available at law o[iD
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance nfthe types and with the limits
described below:
1. /\UtOnUObi|e Liability iDSVn3nQB with 8 rniDiDluO0 combined single |i[nh for bodily injury and
property damage Of$1,OOO'OOO per accident. Automobile |i8bi|hv iOSU[3Oce shall cover all
UVvOed. OOD-OxvO8d' hired and leased vehicles. Coverage Sh@U be written on |DSUngDce
Services Office (|S[)) fOOn CA OO 01 Or a substitute fO[[D providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2.0OU.00Ogeneral aggregate and $2.00O.00Oproducts-completed operations aggregate
limit. COrDrnerci8| General Liability insurance shall be as least @tbroad as ISO occurrence
form CG 0001 and shall cover liability arising from premises, operations, independent
cDDtr8[tOrS, prod uCtS-CO[Op|eLed ope[8UOnS. stop gap |iabi|ify, personal injury and advertising
injury, and liability assumed under @Dinsured contract. The Commercial General Liability
insurance shall be endorsed t0provide @ per project geOera|8gg[egGte|iO0i[Uging|SOfVrnl
CG 25O3O5O9O[@nequivalent endorsement. There shall beDOexclusion for liability
arising from eXp|OSiOO' collapse O[underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 1001 and Additional Insured -Completed Operations endorsement CG 2037 10 01 Or
Substitute endorsements providing G[least aebroad coverage.
3. Workers' Compensation coverage 8Srequired by the Industrial Insurance laws of the State of
VV@GhiDgb}D.
4. Professional Liability with limits DOless than $1'OOO'OOOper claim and $1.0OO'OOOpolicy
aggregate |iDlb. Professional U8bi|ib/ insurance Sh8U be appropriate LOthe {}ODSU|taDt's
profession.
CARevised December 2O16 Page 2uf4
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
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 them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. 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.
10. 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. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
CA Revised December 2016 Page 3 of 4
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment 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.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by the
parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. 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.
16. Applicable 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.
DATED this
day of
CITY OF TUKWILA
THENTICATED:
/)
City Clerk, C isty OWaherty
APPROVED AS TO FORM:
, 2018.
CONTRACTOR
By:
Name and Title: Daniel Nickel, Vice President
Address: 750 Sixth Street S. Kirkland, WA 98033
CA Revised December 2016
Page 4 of 4
EXHIBIT A
PERIODIC REVIEW OF THE SHORELINE MASTER PROGRAM
SCOPE OF WORK
City of Tukwila
Project Coordination and Outreach
1. Project Kick-off. At the start of this project, the Watershed team will meet with City staff to
review/refine objectives, agree on initial tasks and timeline and coordinate on known resources
to be delivered to the project team. Watershed will follow up with the preparation of a brief
Project Management Strategy that identifies preferred communication methods, roles and
responsibilities, and a project schedule for both outreach and deliverables from the team. This
Project Management Strategy document will be updated periodically.
2. Public Participation Plan. The Watershed team will consult with city staff on a Public
Participation Plan to provide opportunities for public involvement in the SMP periodic review
consistent with WAC 173-26-090.
3. Develop outreach materials. The Watershed team will help draft outreach and informational
documents with graphics as needed, public notices that inform the public of the periodic review
of the SMP, and seek their input and involvement, including coordination of notice for the public
hearing and comment period with Ecology pursuant to WAC 173-26-104.
4. Consult with relevant agency staff, tribes, and neighboring jurisdictions. As needed,
throughout the update process, the Watershed team staff will coordinate with applicable State
and Federal agencies, tribal staff members, and neighboring jurisdictions which share an active
interest in the City's SMP and CAO framework.
SMP Update and CAO Code Integration
5. Prepare SMP Gap Analysis Report.
a. Review the SMP for consistency with legislative amendments. The Watershed team
will review the city's SMP, chapter 90.58 RCW, and Ecology's rules and determine if
amendments are needed to the city's SMP to maintain compliance. This will be based
on the Ecology checklist and public scoping process.
b. Review the shoreline Critical Area Regulations. Review the City's SMP Critical Areas
Regulations for consistency with the City's GMA Critical Area Regulations. Consider the
format of the regulations including a unified set of Critical Areas Regulations to meet
goals for consistency while also providing SMP specific provisions which address
differences between SMA and GMA allowances/prohibitions.
c. Evaluate the Comprehensive Plan and Development Code. The Watershed team will
specifically look to Title 18 to evaluate consistency of the City's current SMP with both
the Comprehensive Plan and development regulations.
1
Exhibit A — Scope of Work
City of Tukwila
Periodic Review of the Shoreline Master Program
d. Prepare SMP Gap Analysis Report. Following the results and findings of the above
listed tasks, the Watershed team will prepare a detailed gap analysis report which
provides summary recommendations. A focus of these recommendations will also be
on consistency, simplicity, and efficiency.
6. Meet with City staff. The Watershed team will meet with City staff to discuss the Gap Analysis,
public input and City identified housekeeping changes..
7. Provide draft code. The Watershed team will provide a strikeout/underline update of the
Shoreline Master Program and Shoreline Overlay District TMC 18.44 which will integrate with an
updated set of Critical Areas Regulations, developed under separate contract, which would be
applied throughout the City, including shoreline jurisdiction. The SMP will be modified to
reference this set of Critical Area Regulations, while providing a thorough list of exclusions (e.g.
Reasonable Use Exceptions) where the SMA conflicts with GMA.
Local Adoption Process
8. Prepare SEPA documentation. The Watershed team will prepare a draft SEPA Checklist and
Determination of Non -Significance for City staff to review and distribute.
9. Attend public meetings. Watershed team members will attend up to three (3) public meetings
as requested, including open houses, planning commission, and city council.
10. Assist staff in responding to comments. The Watershed team will review and comment on
Planning Commission or City Council recommendations and responses to public comment which
will be reviewed by City Council during their public deliberations. This includes preparation of a
response matrix to categorize all comments by author, date, and issue and provide
recommendations or rationale to address each item.
11. Complete Department of Ecology Shoreline Master Program Periodic Review Checklist. The
Watershed team will complete the Ecology Shoreline Master Program Periodic Review Checklist.
12. Review and edit final document(s) based on City Council direction. As requested, the
Watershed team will provide a final review and edit to the documents as directed by the City.
2
ExhibitB—Budget
City ofTukwila
Periodic Review ofthe Shoreline Master Program
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PERIODIC
REVIEW OF THE SHORELINE MASTER PROGRAM
BUDGET
City of Tukwila
Project Coordination and Outreach
1
Project Kick-off
6
$870
Z
Public Participation Plan
2
$340
3
Develop outreach materials
21
$1,980
4
Consult with relevant agency staff, tribes, and neighboring
jurisdictions
6
$820
S&4P Update and CAO Code Integration
5.a
Review the SMPfor consistency with legislative
amendments
4
$580
5.b
Review the shoreline Critical Area Regulations
4
$580
5.r
Evaluate the Comprehensive Plan and Development Code
4
$580
5.d
Prepare SK4P Gap Analysis Report
31
$4,000
5
Meet with City staff
4
$680
7
Provide draft code
38
| $5,150
Local Adoption Process
8
Prepare SEPAdocumentation
5
$700
9
Attend public meetings
25
$3,750
10
Assist staff in responding to comments
12
$1,640
11
Complete Department ofEcology Shoreline Master
Program Periodic RevievvCheck|ist
4
$SOU
12
Review and edit final document(s) based on City Council
direction
17
$2,220
Expenses
$270
Totals
183
$24,750
3