HomeMy WebLinkAboutWatershed Company, The - Shoreline Master Program Update: Support ServicesPROFESSIONAL SERVICES AGREEMENT
Shoreline Master Program.Update: Support Services
THE WATERSHED COMPANY
THIS PROFESSIONAL SERVICES AGREEMENT, hereinafter an "Agreement,"
is made and entered into by and between the City of Yakima, a Washington State
municipal corporation (hereinafter the "City "), and The Watershed Company (hereinafter
"Consultant ").
I. Recitals
A. City is a municipal corporation of the State of Washington, with City Hall
located at 129 North 2nd Street, Yakima, Washington 98901.
B. Consultant is a corporation duly organized and existing under the laws of
the State of Washington, with corporate offices at 750 Sixth Street South, Kirkland,
Washington 98033.
C. City has participated ,in a regional Shoreline Master Program (SMP)
update process with Yakima County. This process produced an analysis report, a
restoration plan and a cumulative impacts analysis. City elected not to complete the
update process with Yakima County, but intends to adapt the county's SMP and other
documents as needed, to prepare a locally based, user- friendly SMP that meets
applicable guidelines in compliance with the Shoreline Management Act. City also
desires incidental support with the SMP local adoption process.
D. City solicited proposals from qualified professional service providers to
provide the needed services. The proposal submitted by Consultant was the best
responsive proposal submitted by a qualified proponent. .
E. Consultant and City desire to enter into an Agreement for the provision of
such professional services.
II. Agreement
WHEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and the Consultant as
follows:
1. . Scope of Work. The Consultant shall provide Shoreline Master Program update
support services, staff, any and all specialized equipment, and otherwise do -all things
necessary for or incidental to the performance of the following work:
Perform those tasks and goals identified and described in the Introduction and
Scope of Consultant's Proposal, entitled "Shoreline Master Program Update:
Support Services," dated December 19, 2012 (hereinafter "Proposal "), a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference.
Page 1 of 5
In performing such services; Consultant may retain and use qualified
subcontractors as deemed necessary and appropriate, all as set forth in the
Proposal. Notwithstanding this provision, Consultant shall remain solely
responsible for the full performance of the scope of services set. forth in the
Proposal.
In accordance with the "General Assumptions" set forth in the Proposal, City will
provide all adopted or approved background documents electronically or in hard
copy. Yakima County's SMP will be provided in Word format. Ecology or the
City will provide a Word format version of Yakima County's submittal checklist.
As requested by Consultant, City will provide any other applicable GIS files as
available. All other items in the General Assumptions shall be deemed included
in the Scope of Work.
2. Compensation. Subject to the contingency .provision set forth below, the City
shall compensate Consultant up to $20,000 at the designated hourly rate set forth in the
Proposal, together with designated project expenses, for Task 1 ( "Shoreline Master
Program — Format and Develop "), Task 2 ( "Shoreline. Master Program — Customize "),
portions of Task 3 ( "Cumulative Impacts Analysis, City- Specific Addendum), and Task 5
( "Public Meetings ").
Contingency: The parties understand that funding for payment of compensation under
this Agreement is derived through grant funds administered by the Washington State
Department of Ecology ( "Ecology "). City has received $20,000 in grant funding for the
state annual budget cycle, which current budget cycle expires in June 2013. Thereafter
additional grant funding in the amount of $6,000 has been represented by Ecology as
becoming available to City to fund SMP update activities. The parties intend to enter
into a new or amended Agreement to provide for performance and compensation for the
remainder of Task 3 , Task 4 ( "Restoration Plan, City- specific Addendum "), and Task 6
( "Submittal Checklist ") as set forth in the Proposal, as well as incidental support
services requested by City.
As set forth above for performance of Task 1 through Task 4, total compensation to
Consultant under this Agreement shall not exceed $20,000.00. The City shall make
payment to Consultant within thirty (30) calendar days upon receipt of invoice. All
payments are expressly conditioned upon Consultant providing services hereunder
satisfactory to the City.
3. Term of Agreement. The term of this Agreement shall commence upon July 1,
2012 and shall terminate on June 30, 2013 upon full performance of Consultant's
service hereunder and City's payment of compensation. This Agreement may be
terminated by either party in accordance with Section 13 of this Agreement. Consultant
shall commence work under this Agreement upon execution of the Agreement.
4. Status of Consultant. The Consultant and the City understand and expressly
agree that Consultant is an independent contractor in the performance of each and
every part of this Agreement. The Consultant, as an independent contractor, assumes
the entire responsibility for carrying out and accomplishing the services required under
Page 2 of 5
J
this Agreement free from supervision by the City over the methods and details of
performance except as provided herein. Additionally, and as an independent
contractor, Consultant and its employees and subcontractors shall make no claim
against the City for employment benefits, social security, and /or retirement ' benefits.
Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership or agency between Consultant or any officer, employee or agent
of Consultant and the City.
5. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees and subcontractors and for paying all related taxes,
deductions, and assessments, including but not limited to, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party
as a result of this Agreement. In the event the City is assessed a tax or assessment as
a result of this Agreement, Consultant shall pay the same before it becomes due.
6. Non - Discrimination. During the performance of this Agreement, Consultant
shall not discriminate in violation of any applicable federal, state and /or local law or
regulation on the basis of race, color, sex, religion, national origin, creed, marital status,
political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training, and the provision of services under this
Agreement.
7. Compliance With Law. Consultant agrees to perform all services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
8. ,No Conflict of Interest. Consultant represents that he and /or his employees do
not have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement.
9. No Insurance provided by City. It is understood the City does not maintain
liability insurance for Consultant and /or his employees.
10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Consultant to any other person
or entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Consultant as stated herein.
11. Integration. This written document constitutes the entire agreement between
the parties. No changes or additions to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and executed by both parties.
Page 3 of 5
12. Non - Waiver. The waiver by Consultant or the City of the breach of any provision
of this Agreement by the other party shall not operate or be construed as a waiver of
any subsequent breach by either party or prevent either party thereafter enforcing any
such provision.
13. Termination. The Consultant or the City may terminate this'Agreement, with or
without cause, by giving the other party at least ten (10) days advance written notice of
termination. In the event of such termination, the Consultant shall be compensated in
accordance with Section 2 of this Agreement for performance rendered (with designated
expense) up to the termination date.
14. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
15. Notices. Unless stated otherwise herein, all ,notices and demands shall be in
writing and sent or hand delivered to the parties at their addresses as follows:
To City: Tony O'Rourke
City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
To Consultant: A. William Way
The Watershed Company
750 Sixth Street South
Kirkland, Washington 98033
or to such addresses as the parties may hereafter designate in writing. Notices and /or
demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
18. Effective Date. This Agreement shall be effective as and from the date
signed by the last party to sign.
Page 4 of 5
CITY OF Y
By:_
Tony O'Rour e, City Manager
Date:
v
AT—TEST:
CITY CONTRACT NO�l s- 00,5--,
Sonya Claa Tee, Ci
Page 5 of 5
L
Exhibit "A"
City of Yakima
Shoreline Master Program Update: Support Services
The Watershed Company & Perk
December 19, 2012
CITY OF YAKIMA
Shoreline` Master Program Update: Support Services
The Watershed Company & BERK
FIRM PROFILES
The Watershed Company
The Watershed Company (Watershed) has 30 years of experience in natural resource assessment,
conservation planning, and restoration design in western and eastern Washington. The multidisciplinary
environmental and planning firm has served our public sector clients in the complex and politically
charged arena of Shoreline Master Program (SMP) development since 2001. The Watershed Company
has served more than 40 jurisdictions with SMP updates.
BERK
BERK is an interdisciplinary public policy consultancy founded in 1988 specializing in strategic and
community planning; facilitation, stakeholder engagement and community outreach; policy, financial
and economic analysis; and information design and communications. BERK staff have led or supported
approximately 12 SMPs with experience in land use, public access, and policy development as well as
developing public participation strategies and facilitating workshops. BERK also brings community
planning and public outreach experience with more than a dozen Comprehensive Plans or subarea plans
under the Growth Management Act.
TEAM EXPERIENCE
Anacortes
Beaux Arts Village
Bonney Lake
{ Chelan City*
Darrington
Arlington
Bellevue
Bothell*
Carnation
Chelan County*
DuPont
Bainbridge Island
Benton County
Brier*
. Cashmere*
Covington
Granite Falls
Hunt's Point '
Kent
Kirkland
LKitsaP_Count y
Lake Forest Park
Lake Stevens
Maple Valley
Marysville
Medina
Mercer Island
Milton
Monroe _
North Bend
Port Angeles
Richland
SeaTac
„Skagit County
South Prairie
The Tulalip Tribes
Wilkeson
Yarrow Point
Shared Watershed / BERK Experience *Coordinated SMP Process Transitioning to Individual SMPs
Ecology appreciates the City's conscientious effort to address Ecology's questions and incorporate clarifications into
the December 2011 Draft Bothell Shoreline Master Program ... I anticipate that the City's final work will likely stand as
an example for other updating jurisdictions.
— Barbara Nightingale, Ecology Project Officer, January 5, 2012
December 19, 2012
TEAM REFERENCES
Barbara Nightingale
Regional Shoreline Planner
Northwest Regional Office
Washington Dept. of Ecology
3190 - 160th Ave. SE
Bellevue, WA 98008
425.649.4309
Bruce Blackburn
Senior Planner
City of Bothell Community Planning
9654 NE 182nd St
Bothell, WA 98011
425.486.8152 Ext 4428
David Greetham
Environmental Planner
Kitsap,County Dept. of Community
Development
614 Division St. MS -36
Port Orchard, WA. 98366 -4614
360.337.5777
INTRODUCTION
Mark Botello
Director of Planning & Building
City of Cashmere
101 Woodring Street
Cashmere, WA 98815
509.782.3513
Susan Walker
Senior Planner
Benton County Planning Department
P.O. Box 910
Prosser, WA 99350
509'.786.5612
The City of Yakima participated in a regional Shoreline Master Program (SMP) update process with
Yakima County that produced an analysis report, a restoration plan, and a cumulative impacts analysis
(CIA). The City chose not to complete the update process with the County and intends to adapt the
County's SMP, and other documents as needed, to prepare a locally based, user - friendly SMP that meets
State SMP Guidelines and the Shoreline Management Act. The City also desires minimal support with
the SMP local adoption process.
This document provides a scope of services and budget for City review and consideration to accomplish
the following:
1. Convert Yakima County's regional SMP to a City- specific SMP in traditional "stand- alone" format
2. Customize the SMP for City conditions and vision as guided by City and in consultation with
Department of Ecology
3. Prepare an addendum to Yakima County's CIA that addresses modified standards
4. Supplement Yakima County's Restoration Plan with local input
5. Attend public meetings as requested by City staff (e.g., Planning Commission, Council)
6. Prepare a SMP Submittal Checklist
The Watershed Company will serve as the prime consultant in this planning effort supported by BERK.
References to "the Consultant" refer to both the prime firm and subconsultant for this effort.
December 19, 2012
�Tlnw
Task 1. Shoreline Master Program — Format and Develop
The Consultant will work with City staff to develop an SMP outline (such as one similar to North Bend's
or Bothell's). Consultant will then convert the County's SMP into the City - approved format, and fill in
any noted gaps with standard WAC -based language as appropriate.
Task 2. Shoreline Master Program — Customize
Following Task 1, the Consultant will work with City staff to develop a prioritized list of City- specific
customizations to explore (e.g., altered shoreline environment designations and buffers,
management /maintenance plan standards, or others). This list will be evaluated based on degree of
benefit to public and staff and the degree of additional analysis (and associated additional cost) that may
be required to develop the customized language and obtain Ecology approval. City staff will provide
final direction to the Consultant to develop and incorporate the customized language into the SMP.
An important element of Task 2 is preparation of an updated map of City shoreline jurisdiction and
environment designations. Ecology has noted to the Consultant some deficiencies in shoreline
jurisdiction, particularly identification of known associated wetlands or waters (e.g., Myron Lake,
Berglund Lake). The Consultant will provide direction to the City GIS staff in the form of written and
verbal communications, as well as hard -copy map markups, as needed for the City to generate a revised
jurisdiction and designations 1 map.
Task 3. Cumulative Impacts Analysis (CIA), City- specific Addendum
The Consultant will prepare an addendum to Yakima County's CIA that addresses the changes made to
the SMP per Task 2 above, and provides final justification for a determination of "no net loss of ecological
functions." The Addendum will be developed on the basis of the City Council hearing draft SMP.
Expectation of Ecology is a document no longer than approximately 15 pages. The completion of this
task assumes that the CIA addendum will address only those provisional changes to the SMP which may
affect ecological functions. The City will provide the Consultant with the updated jurisdiction and
environment designation GIS shapefiles to support Consultant's analysis.
Task 4. Restoration Plan, City- specific Addendum
The Consultant will supplement the County's Restoration Plan by providing any additional City- specific
projects or programs and preparing an associated funding /implementation table. Ecology indicated that
this could either be prepar4as a stand -alone document or could be included in the CIA addendum
under Task 3.
Task S. Public Meetings
At the City's request, the Consultant (1 or 2 staff depending on the discussion topics for a given meeting)
may attend Planning Commission or City Council meetings. For budget purposes, it is assumed that key
staff will each attend 2 meetings — depending on the number of consultant staff (1 or 2) this could be
distributed between two, three or four meetings.
Budget estimates reflect meeting preparation, travel and attendance time — estimated at 6 hours per
meeting per person. The City will determine who should attend any meeting and provide as much notice
as possible.
December 19, 2012
Task 6. Submittal Checklist
The Consultant will prepare the elements of the SMP Submittal Checklist regarding SMP Contents,
Inventory, Analysis, and Restoration Plan. The City will need to complete the elements related to public
involvement, communication and coordination.
PROPOSED BUDGET
Based on the tasks defined above, the Consultant proposes the following budget.
..BERK'.n - -.. A' ThP Wwtprihadrmmnanv °'b' . `1,
Total Hours and
Estimated Cost
Task 1: Shoreline Master Program - Format and Develop _
r�*""t"`'--. :'°r,'&.'• F -'S_"' �� _ _ ,+;5`" "'?;.:';,�., r�— ;`PTA'-. ._
W:: � ?. t� �: .:�,x ;;..• : �,. ..k`s.,yF:.�.,Sw:�v3a�w '� , � J;,. r,.$'iri ..'t�_ � .SR ° '�,._.: �+ "�� §' ��".� =_. _ .'3i.; : d�` . `��
�- ..�..�.'�'.�.:=a�9y.' '�, %5��, .,�iy•- "''e��: <20„�r�'..�t; "+36 >+ .rc.:,. ,'�.a ..�' °:" -- :o- *'-�' ,a$8;175�;;e,.
Task 2: Shoreline Master Program - Customize
'3X K' g �: .t.�?"-'�yy.s'•,^;^r;"'2.M �r�-!,°'".,'..T, ' �',":,". "Y�, �F;.� r "t°"': •,.'"ai. _'s '-2. '.`.zr`"'':. t¢TS",�e" _ e
.24'a::..' .3� ..:,�: •.A.- ._......._,..= x:$7'122 *s.:
Task 3: Cumulative Impact s Analysis, City - specific Addendum y -y
S :'<, :'�.} @r..�;�1�s„ <:,�.. s� ha ,�•<,r 4�.'x ""�;;:'�,�,..:� $'"fin' -��.,_ r' s' -�'� e;'"
m��' �.:: �'. �, ��r;.�. "H.t.?�^��x•.;14'�;,. -�; ^ �. s' �','. ��.°, �... ��. d....<. �:. ���; �. ��' �.. w,.._ �°" �6�' i�:, �: �?`;: ��:: 56�..: �, #20,r�,:`• "�ti__.',_....,�,;;a�; $ AOltf
Task 4: Restoration Plan, City - specific Addendum _
"�i't'�, cas 2:n:%'7 „�.Z - .-^ ;•-• •- ,�'- :i'- �:''ts -- is -,� ;, .- »...P. -.> �_4+;^x"x'. -- z�±^i;; .. r^ �a ,,;�vss• ?_-4.•a-,.se;�..n -�.kK
.i''• -. = t� .�'S-,:..._..�an,��y.s ..Z�.-t�.�' �:a�ik�:.z._� ....Y:'_� �e,...��iz=?'- �la2 "s�k.`�g .,, ��_ uu5�. �s'".^.' �._' �.. �.'.�.x:<m:.i?$1 :040x3?d.,:,:"�
Task 5: Public Meetings _
�:� ..�-z°.,?- ^fin:;° - -,r.�- e� „3 c�^a�- «,- �r -'«�,: , » r- �'- �^•'- ::;-- •r- •'�- ;'�'�- c- „^_�� -�-�: •r-- .N- �:- -a,"h: �- k.4-.r- ,:.•°«.»,x,. -��:
�
,
Task 6: Submittal Checklist
��•? �'� �,..,} � s �. Wit.. "�,- ° �'.y..w�.”' �"t se•�:',+� s ', � ,f g� - si,.��s� � ^'»„ x 7 - w..�
�';%.9L � q�'x.-.r..:..�.�a„Cz; �*.,.- <'�.�. »ss:.ma_._� 2 ..15:- x81 �.:, Re.= i` �; a': �F..,.. �... �.- ,.•;..s�.+k..�._`u�.i`w"�..._.. ��ir.$1:434: -g`:is
Total Estimated Hours
64
88 28 g
'8'
Cost (Hours'Rate)
$10,033
$12,320 $2,660 $720
$25,733
'MSubtotal
Add' M ins mySum;i eet
gW fJ
Consultant Cost
$25,733
Project Expenses @ -1% of budget
$260
�
F. iq- ;L.�i'jt..Y$na:il?._.r�,"��"e ti % ^�im''P•.fi sr VAiU; ;�ij
:` °'-;: LiseGrueterF$941 %tneetin,`(
project
Estimated Project Total
$25,993
GENERAL ASSUMPTIONS
• The City will provide all adopted or approved background documents electronically or in hard copy.
The County's SMP will be provided in Word. Ecology or the City will provide a Word version of the
County's submittal checklist. As requested by the Consultant, the City will provide any other
available GIS files.
Document - related tasks include one round of revision each per City staff, City appointeds /electeds,
and Ecology. Additional rounds of revision can be conducted at the above _billing rates under
separate contract or on a time - and - materials basis.
• Time may be transferred from one task to another due to greater or lesser level of effort, provided
that each task shall be completed and the total budget shall not be exceeded.
The Consultant will provide entire document(s), where applicable, in the native, Microsoft Windows -
compatible formats used to create the document (i.e., MS Word, Excel etc.).
• The City is responsible for document reproduction and distribution of all review and final drafts.
December 19, 2012
• All Consultant deliverables will be limited to electronic file transfers.
Y The City is responsible for meeting advertisements, room reservations, and other similar logistics.
TEAM CONTACT INFORMATION
Amy Summe, Environment Planner
(425) 822 -5242, asumme @watershedco.com
THE
WAIT RS 1.1 U D
COMPANY
7S0 Sixth Stmt South
Kirkland. WA 98033
www.watershedco.com
December 19, 2012
Lisa Grueter, AICP, Community Planner
(206) 493 -2367, lisa @berkconsulting.com
Dill BERK
STRATEGY I ANALYSIS I COMMUNICATIONS
2025 First Avenue, Suite 800
Seattle WA 98121
www.berkconsulting.com