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Home My WebLink AboutCOW 2018-08-13 Item 3C - Contract Amendment - Sensitive Areas Ordinance with The Watershed Company for $46,035COUNCIL AGENDA SYNOPSIS Jmhiatf -------- ----- ---------- tliteeti Date Prepared by Alayor:c MI. CP) C0111477 rerieir 08/13/18 MD 08/20/18 MD ITEM INFORMATION TEM No. 3.C. ST \ Fi,' Si'( )NsoR: JACK PACE oRIGINAL,A(NNI)A DATN: 8/13/18 AGNNin ITni 1IT1,1,: Contract Sensitive with The Watershed Company for the update of TMC 18.45 Environmentally Areas 08/13/18 Mayor Motion alle 08/20/18 E Resolution AN Dafe Ordinance Alt I )ale I- Hid ,],rard A I 1i; I )(Ile 1 1 Public I lean' A Ii !Ur, Other A I,t Dale CA'r[;,(;( )Ry Discw.csion VI Alt f; Dale .1\11: S Pc )N ;( )R I 'Council I IR DCI) l'inanv I 'in, ' 1 P e-R Police P117 — Court 2 )( ):\s( )1C S Contract with The Watershed Company for the update of TMC 18.45 Environmentally SrmNIARy Sensitive Areas. Periodic update of the sensitive area regulations to reflect current best available science is required by the Growth Management Act. Riwil\vi,ir) liY — C.O.W. Mtg. _ CDN Comm Finance Comm. Publtc Safety Comm. Trans &Infrastructure n Arts Comm. Parks Comm. Planning Comm. .D.,\TII: 8/14 CDN CANCELLED COMMTHEIl, CI IAIR: RECOMMENDATIONS: sp( )Ns( )1Z/2\1).\11N. CuNINIITTIT, Department of Community Development 8/14/18 Com Dev and Neighborhood Committee meeting was cancelled COST IMPACT / FUND SOURCE ExpiADITLIRK RKQL111Z1d) AMOUNT BUDGETED APPROPRIATION REQUIRED $46,035 $46,035 0 Fund Source: DCD PROFESSIONAL SERVICES BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/13/18 08/20/18 MTG. DATE ATTACHMENTS 08/13/18 Information Memo Contract 17-142 a ong with Amendmentand the proposed Amendment2 08/20/18 41 42 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Jack Pace, Director Community Development BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: August 7, 2018 SUBJECT: Contract with The Watershed Company for the update of TMC 18.45 Environmentally Sensitive Areas ISSUE Periodic update of the sensitive area regulations to reflect current best available science (BAS) as required by the Growth Management Act (GMA). BACKGROUND The City is currently updating the Sensitive Area Code (TMC 18.45). Per RCW 36.70A.172 GMA requires that all jurisdictions use Best Available Science (BAS) in updating their critical area code. As part of the effort to apply BAS to Tukwila, staff has determined that our current data on the quality of the City's wetlands is insufficient. The original wetland inventory/assessment was completed in 2003 using a different rating system (3-tier), which was considered BAS by Department of Ecology at that time. In 2010, during the last SAO update, the City simply converted the previous 3-tier system to the then current 2010 4-tier system without collecting additional data. In 2014, the Department of Ecology created a new rating system (4-tier with emphasis on habitat value) as part of their BAS review. The 2014 rating system is integral in determining the size required for wetland buffers. Per BAS buffers are determined on a sliding scale that is defined by the habitat score in the 2014 rating system. DISCUSSION As the City's current data is almost 20 years old and land use change and development has been substantial during that time, it is necessary to update our wetland data to ensure accordance with BAS. To avoid duplication and provide economy, staff has reviewed the wetland reports that were received in the recent past as part of development applications. It was determined that the area to the north of 1-405 and the steep slope area of Klickitat Drive should be reassessed using the 2014 ratings system. This assessment will require both office and field work and will result in raw data sheets for City retention that show the current state of the City's wetlands. Approximately 47 wetlands (all of which are accessible from public ROW)) are expected to be rated. This will ensure BAS is used in making decisions regarding the width of required buffers as well as create a robust data set for future updates. This data will also facilitate review of proposed development on those properties which contain wetlands and/or their buffers. FINANCIAL IMPACT The original contract was approved administratively for $12,320 and the proposed amendment is for additional $33,715. With the proposed amendment the amount to be paid shall not exceed $46,035. This amount will come from the Department of Community Development professional services budget. 43 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to approve the contract and consider this item at the August 20, 2018 Regular Meeting under consent agenda. ATTACHMENTS Contract 17-142 along with Amendment 1 and the proposed Amendment 2 44 City of Tukwila Agreement Number: 17-142 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and The Watershed Company That portion of Contract No.17-142 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 1: Scope of Work. The contractor shall perform those services described on Exhibit A and C 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 for the City if the scope or schedule is to be modified in any way. Section 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 and Exhibit D attached hereto and incorporated herein by this reference. The total amount shall not exceed $46,035 Section 4: Duration of Agreement. This agreement shall be in full force and effect for a period commenting July 31, 2017 and ending December 31, 2019, unless terminated sooner under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page l of l 45 AMENDMENT #2 EXHIBIT C SCOPE OF WORK Task 4: Wetland Inventory 1) Conduct site visits to accessible areas in or near 47 wetlands as mapped by the City of Tukwila sensitive areas map (http://www.tukwilawa.gov/wp-content/uploads/2015/11/Sensitive-Areas- Map.pdf), north of I-405/SR-518. Complete field portions of the Ecology 2014 wetland rating forms by hand. 2) Finalize wetland rating forms by hand using online -available information such as aerial photos, GIS topography and other resources as necessary. 3) Provide a technical memorandum summarizing methods and findings, including a table showing wetland rating results. 4) Provide copies of handwritten data forms to the City of Tukwila. 5) Provide a copy of the City of Tukwila sensitive areas map with each wetland identified/labeled for reference. Wetland ID will be used to differentiate each wetland listed in the wetland rating table summary. 6) Provide project management and logistics to support the proposed scope of work, and QA/QC review. Assumptions a) Up to 47 wetlands will be classified. Mapping accuracy and wetland presence/absence will not be confirmed. However, if obvious, large-scale inconsistencies are discovered, they will be reported informally to the City for further consideration or direction. b) Wetlands located on private or other properties with physically or legally restricted access will be visually assessed from accessible public properties and roads to the extent feasible within the constraints of budgeted time. Entry into restricted properties will not be attempted. c) Wetland rating forms and figures will be completed by hand and kept on -file at The Watershed Company and a copy of handwritten data forms shall be provided to the City. d) This classification effort is intended for use as a planning tool and is not a substitute for wetland ratings done with full property access as part of a formal wetland delineation study. 46 Page 1 of 2 AMENDMENT #2 EXHIBIT D BUDGET WETLAND INVENTORY Task:# Task Total Hours Total Cost Wetland Inventory 1 Field work 164 $17,540 2 Office classification and research 141 $11,985 3 Compile data and draft Memorandum 18 $1,800 4 Update City wetland map with labels 11 $1,100 5 QA/QC and project management/coordination 6 $1,020 Expenses $270 Totals $33,715 47 City of Tukwila 6200 Southcenter Boulevard, Tukwila. WA 98188 Agreement Number: j 17-142(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and The Watershed Company That portion of Contract No. 17-142 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 4: Duration of Agreement. This agreement shall be in fullforce andeffect for a period commencing July 3.1, 2017 and ending Decemnber 31, 2018, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect.. Dated this 13 , day of CITY OF TUKWILA Ja Pace Director, Community Development CA Revised December 2016 , 20 Printed Name: l4ri ILL IGE �67) 1 or (L Page 1 of 1 48 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 17-142 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 $12,320. 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 31, 2017, and ending March 31, 2018, 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. CA Revised December 2016 Page 1 of 6 49 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form 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, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or 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 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. CA Revised December 2016 Page 2 of 6 50 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 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. CA Revised December 2016 Page 3 of 6 51 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 i day of A vOv CI Y OF TUKWILA CONTRACTOR Jack Direc JJ ace r, Community Development , 2017. Printed Name and Title: Dan Nickel, Vice President Address: 750 Sixth Street S. Kirkland, WA 98033 CA Revised December 2016 52 Page 4 of 6 EXHIBIT A SCOPE OF WORK Task 1: SAO Gap Analysis and BAS a) Background information review. Pertinent existing maps, inventories, reports and other information from the City and other sources will be obtained and reviewed. This includes reviewing the City's existing SAO to check for known deficiencies ("gaps") in meeting State requirements and best available science. • One kick-off meeting with City staff is included. b) Best Available Science (BAS) review. The Watershed Company will capitalize on recent work conducting complete BAS studies for the cities of Woodinville, Burien, Newcastle, Covington and Island County. These recent studies will be referenced where appropriate in order to allow the update process to move faster and to provide a significant cost savings to the project. c) Prepare Gap Analysis and BAS memo. To summarize our initial review, we will prepare a brief memo of gap analysis findings, specifically noting where modifications to the SAO should occur. Where there are gaps, the report will provide recommendations based on BAS and State requirements. The anticipated focus is to be on wetland regulations. This scope of work specifically does not include an in-depth analysis of geologically hazardous areas. If more information is needed, these specialty areas may be added upon request. Task 2: Prepare Amendments for the SAO The Watershed Company will develop and propose revisions to the Sensitive Areas Chapter (18.45) in strike-through/underline format based on the results of the gap analysis and direct input and guidance from City staff. All substantive recommendations made will be tied to scientific findings which meet BAS standards. • One meeting with City staff is included to review the proposed revisions. Task 3: Public Process The Watershed Company will attend one (1) open house followed by a Planning Commission hearing and one (1) City Council hearing to support the SAO update adoption process. Company staff will be available to make presentations, answer questions and provide clarification to help move adoption forward. CA Revised December 2016 Page 5 of 6 53 EXHIBIT B BUDGET TASK •Mei i iE_Ltt lA W hi 0 to v. W ESTIMATED r COSTS aid o z 4a 1. Gap analysis and BAS 2. Prepare Amendments 3. Public Process :Expenses Total 19 9 29 26 2 16 24 $4,100 $4,820 $3,150 $250 $12.320 CA Revised December 2016 54 Page 6 of 6