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Home My WebLink About05/07/2013 05B Shoreline Master Program Update Agreement Amendment with Watershed CompanyBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 56 For Meeting of: 5/7/2013 ITEM TITLE: Resolution approving Amended Agreement with The Watershed Company for professional services relating to Shoreline Master program update and support services SUBMITTED BY: Steve Osguthorpe, AICP, Director of Community Development SUMMARY EXPLANATION: The City of Yakima is required to provide for a Shoreline Master Program pertaining to protection of shorelines within its jurisdiction and provisions relating to development within and upon designated shoreline protected areas. The City of Yakima 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. Based upon these needs, the City solicited proposals from qualified professional service providers, and selected The Watershed Company proposal. The Department of Ecology has grant funds to assist the City in these purposes. Earlier this year, we were advised that Ecology had grant funds in the amount of $20,000 during the current grant cycle. During negotiations with The Watershed Company, it was determined that such funding was sufficient to provide for completion of Tasks 1 through 4 of the original scope of work (6 Tasks contemplated). Ecology advised that more grant funds may be made available later. The City and the consultant thereupon agreed to enter into an agreement for completion of Tasks 1 through 4 of the original scope of work, with the understanding that such agreement could be amended in the event additional grant funding was awarded. The City was subsequently advised by Ecology that additional grant funds for the current grant funding cycle, up to $64,000, was approved for the City of Yakima SMP project. The City and The Watershed Company have thereupon negotiated an Amended Agreement providing for the completion of all SMP Tasks. Total compensation under the Amended Agreement is not to exceed $55,999 for Tasks I through 6. The attached Resolution approves the Amended Agreement, and also authorizes the City Manager and appropriate City personnel to execute the corresponding grant documents when such are received from Ecology, subject to approval of such instruments by the City Attorney. Resolution: X Other (Specify): Contract: X Start Date: Item Budgeted: Funding Source/Fiscal Impact: Ordinance: Contract Term: End Date: Amount: Department of Ecology Grant Program Strategic Priority: Insurance Required? No Mail to: A. William Way, The Watershed Company, 750 Sixth Street South, Kirkland, Washington 98033 Phone: (425) 822-5242 APPROVED FOR 4tow. _44vOL&, SUBMITTAL: City Manager RECOMMENDATION: Adopt Resolution approving Amended Agreement. 93MBIMM Resolution- Amended Agreement THE WATER COMPANY SMP April 8 2013 Watershed Contract Draft Yakima SNIP Scope and Budget - 3 27 13 RESOLUTION NO. R -2013- A RESOLUTION pertaining to Shoreline Master Program; authorizing the City manager to execute an amended agreement between The Watershed Company and City of Yakima for professional services for update of Shoreline Master Program. WHEREAS, the City of Yakima ( "City ") is required by law to develop and update a Shoreline Master Program ( "SMP "), and has participated in a regional 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; and WHEREAS, the City is eligible for grant funding from the Washington State Department of Ecology for the completion of such project, and has solicited proposals from qualified professional service providers for the performance of such work; and WHEREAS, the proposal submitted by The Watershed Company was determined to be the best proposal submitted by a qualified provider of such services; and WHEREAS, the City and The Watershed Company considered an agreement for the provision of such services, comprising Tasks 1 through 6, but were informed that the grant funding from the Department of Ecology would be $20,000 for the current budget cycle ending in June 2013, but that additional grant funding may be available. The City and The Watershed Company thereupon negotiated an agreement for completion of Tasks 1 through 4, with the understanding that such agreement could be amended to include the full scope of work upon notification that additional grant funding was available; and WHEREAS, the City was subsequently informed by the Department of Ecology that additional grant funding, up to the total amount of $64,000, was available to the City during the current grant cycle; and WHEREAS, the City and The Watershed Company have negotiated an Amended Agreement for Professional Services for the performance of the full scope of work; and WHEREAS, the City Council finds and determines that approval of such Amended Agreement is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager is hereby authorized to execute the Amended Professional Services Agreement with The Watershed Company for Shoreline Master Program update and related support services, a copy of such Amended Agreement is attached hereto as Exhibit "A" and by reference made a part hereof; and Section 2. Approval of such Amended Agreement is made in conjunction with approval by the Washington State Department of Ecology of additional grant funding for such purposes; and the City Manager and authorized personnel of the City of Yakima are hereby authorized to execute any and all documents to approve and secure such grant funding, subject to the determination by the City Attorney that such grant instruments substantially conform to the purposes approved herein; now, therefore, ADOPTED BY THE CITY COUNCIL this 7th day of May, 2013. ATTEST: City Clerk Micah Cawley, Mayor 141 1 Q: 4 em w OW1101 W: V a IZ kyj 141012 1 A. City is a 1= --- 4111 1 0 01 t . 9 # . 0 6 0 . •* Z 0 1 0 0. Im ii r4n,, MUMMA 149, M 0�� " I Wily, IT" W following work. a 91 o s or rei, such provision. L%LUZ MOM IN T To City: Tony O'Rourke City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 To Consultant: A. William Way President The Watershed Company 750 Sixth Street South Kirkland, Washington 98033 c "M to K I a a 4 1 IV-z7R m Jill • ONTO IM IMM&G. 18. Effective Date. This Agreement shall be effelative as and from the date signed by the last party to sign. Date: F-AM1439 C17YCONTRACTNO. Sonya Claar Tee, City Clerk CITY OF YAKIMA Shoreline Master Program Update: Support Services The Watershed Company & BERK 27 March 2013 INTRODUCTION 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: 2. Convert Yakima County's regional SMP to a City - specific SMP in traditional "stand- alone" format Customize the SMP for City conditions and vision as guided by City and in consultation with Department of Ecology 4. Prepare an addendum to Yakima County's CIA that addresses modified standards 5. Supplement Yakima County's Restoration Plan with local input 6. Attend public meetings as requested by City staff (e.g., Planning Commission, Council) 7. 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. 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, incorporation of UGA pre- designation, 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. March 27, 2013 An important element of Task 2 is preparation of an updated map of City shoreline jurisdiction and environment designations. The initial Ecology project officer 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 obtained available GIS layers from the City and Ecology, and developed updated shoreline jurisdiction and environment designations maps, working with City staff to identify three new designations (Essential Public Facilities, Shoreline Residential, and High Intensity) and expand the scope of the map to the Urban Growth Areas. Considerable additional research and GIS analysis was conducted in support of assessing the appropriate waterbodies and boundaries of shoreline jurisdiction, including discussions with USBR, Ecology, Yakima - Tieton Irrigation District and others regarding status of Cowiche Creek and communications with Ecology regarding jurisdictional status of small gravel ponds and Buchanan Lake. Development of a City- specific shoreline use and modification matrix is also a critical piece of the City's local SMP. 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 -20 pages. The completion of this task assumes that the CIA addendum will address only those changes to the SMP which may affect ecological functions, including environment designations, buffers, and relevant uses and modifications. 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 prepared as a stand -alone document or could be included in the CIA addendum under Task 3. Task 5. Public and Stakeholder 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, City Council, and stakeholder meetings. For budget purposes, it is assumed that staff will attend meetings as follows: Stakeholder meetings: (phone and in- person) with Greenway, WSDOT, State Parks, Central Pre -Mix, Buchanan Land Trust, Aspen /Willow Lakes Homeowners Associations, Yakama Nation, County Flood Control District, and the Yakima Wastewater Treatment Plant on February 11, 13, 25 and 26 (9 meetings). Planning Commission meetings: • February 13 — Amy Summe and Lisa Grueter • February 27 — Amy Summe and Lisa Grueter • March 13 — Amy Summe and Lisa Grueter • April 10 — Lisa Grueter • May 16 — Amy Summe • June 12 — Amy Summe and Lisa Grueter (via conference call) An additional meeting for two staff (distributed over 1 or 2 meetings per City direction) following June 30 is also planned. March 27, 2013 Budget estimates reflect meeting preparation, travel and attendance time. Meeting preparation for several of the meetings was quite extensive in order to respond to Staff and Planning Commission requests for special analyses, and to prepare presentations. The City and Consultant will jointly determine who should attend any meeting and provide as much notice as possible based on the evolving schedule. Task 6. Submittal Checklist The Consultant will prepare the elements of the SNIP Submittal Checklist regarding SNIP 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 The Watershed Com an Grueter I Summe Sandstrom GIS Total Hours and 2012 Hourly Rate $157 $140 $95 $90 Estimated Cost Task 1: Shoreline Master Program - Format and Develop Up to June 30 20 36 $8,175 Task 2: Shoreline Master Program - Customize Revisions up to June 30 36 36 48 $15,004 Revisions post June 30 6 8 3 $2,331 $17,334 Task 3: Cumulative Impacts Analysis, City - specific Addendum Work up to June 30 10 10 24 12 $6,328 Work post June 30 1 3 $425 $6,753 Task 4: Restoration Plan, City - specific Addendum Up to June 30 2 8 $1,040 Task 5: Public Meetings Stakeholder Meetings 8 10 $2,654 Planning Commission meetings up to June 30 38 38 $11,277 Preparation of presentations, special memos, other support 12 12 16 $5,001 Meetings post June 30 6 6 $1,781 $20,713 Task 6: Submittal Checklist Post June 30 2 8 $1,434 Total Estimated Hours 138 167 35 419 Cost (Hours *Rate) $21,634 $23,380 $3,325 $7,110 $55,449 Subtotal Consultant Cost $55,449 Add'I Meetings: Amy Sum me, $980 /meeting Project Expenses @ "'1% of project budget $550 Lisa Grueter, $1099 /meeting Estimated Project Total $55,999 GENERAL ASSUMPTIONS • The City will provide all adopted or approved background documents electronically or in hard copy. The County's SNIP 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. March 27, 2013 3 • 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. • All Consultant deliverables will be limited to electronic file transfers. • 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 WATERSHED COMPANY 750 Sixth Street South Kirkland. WA 98033 www.watershedco.com Lisa Grueter, AICP, Community Planner (206) 493 -2367, lisa @berkconsulting.com :111 BERK STRATEGY ANALYSIS COMMUNICATIONS 2025 First Avenue, Suite 800 Seattle WA 98121 www.berkconsulting.com March 27, 2013 4