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HomeMy WebLinkAbout3109RESOLUTION NO. 3 1 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICE CONTRACT FOR PREPARATION OF A SENSITIVE AREAS ORDINANCE (SAO) WITH HUCKELL WEINMAN ASSOCIATES, INC. WHEREAS, in 1991, the legislature amended the Growth Management Act (Chapter 36.70A RCV1) to require (among other things) that cities adopt development regulations that protect critical areas. Critical areas include: wetlands, areas with recharging effects on aquifers used for potable water, fish and wildlife habitat areas, frequently flooded areas, and geologically hazardous areas; and WHEREAS, the Growth Management Act of the State of Washington requires cities to adopt ordinances to meet the requirements of the Act and reduce the reliance on the State Environmental Policy Act (SEPA) to protect critical areas; and WHEREAS, the City, in response, amended its Comprehensive Plan and Environmental Procedures Ordinance (ACC Chapter 16.06) to provide protection in accordance with the GMA. This protection has been provided under SEPA on a case by case basis; and Resolution 3109 August 5, 1999 Page 1 WHEREAS, specific regulations would increase certainty in the development review process while ensuring greater consistency in City development approval decisions; and WHEREAS, the development of specific sensitive area regulations for the GMA identified critical areas as well as other sensitive areas is directed by policies adopted in the City's Comprehensive Plan; and WHEREAS, the City has the need for consulting services to prepare a sensitive areas ordinance and a SEPA document supporting the City's action on Sensitive Areas Ordinance; and WHEREAS, the City has undertaken a selection process to identify a consulting firm with the appropriate expertise for preparation of a Sensitive Areas Ordinance and has successfully negotiated a contract for services with Huckell Weinman Associates, Inc. to complete the work. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREIN RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of this Resolution is authorize the Mayor and the City Clerk of the City of Auburn to execute an professional services contract for preparation of a sensitive areas ordinance with Huckell Resolution 3109 August 5, 1999 Page 2 Weinman Associates, Inc. as set forth in Exhibit "A" is attached hereto and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 16th day of August, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution 3109 August 5, 1999 Page 3 ATTEST: 444a,6L41-- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution 3109 August 5, 1999 Page 4 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with Huckell Weinman Associates, Inc., a corporation, whose address is 205 Lake Street South, Suite 202, Kirkland, Washington 98033, hereinafter referred to as "CONSULTANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. The Consultant will perform the services described in the attached Exhibit "A". These Exhibit "A" Services are referred to herein as Scope of Work. 2, TERM. The CONSULTANT will commence Scope of Work with seven (7) days of receipt by CONSULTANT of this executed Agreement and will proceed with services in a diligent manner to completion of this contract. The CONSULTANT will not be responsible for delays caused by factors beyond the CONSULTANT's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed. The CITY will authorize extension of time without penalty to the CONSULTANT, if there are delays due to revision beyond the control of the CONSULTANT. The anticipated project schedule is shown in Exhibit "B." 3. COMPENSATION. The CONSULTANT shall be paid by the CITY for completed work for services rendered under this Agreement as provided herinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list specific project titles, actual time (days and/or hours) and dates during which Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 1 Of 14 the work was performed and the compensation shall be figured using the rates in Exhibit "C", Schedule of Charges. Payment shall be on a time and materials basis, approximating the amounts associated with each task listed on Exhibit "A". The amounts under each task may vary; however, the total amount of the contract shall not exceed fifty-four thousand two hundred dollars ($54,200). This amount includes various "optional elements", as identified in Exhibit "A", that require authorization from the CITY prior to initiation of any work on such elements. The final ten percent (10%) of the total budget amount shall be paid upon acceptance by the CITY of the final product. A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. In the event services beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement are required, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. RESPONSIBILITY OF CONSULTANT. • The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional planning practices and standazds and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Resolution 3109 - Agreement for Professional Services August I l, 1999 Page 2 of 14 Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT' S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT' S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 3 of 14 CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and ONE MILLION DOLLARS ($1,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT' S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 4 of 14 8. NONDISCRIMINATIONo The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Reuse by the CITY of any of the drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on extensions of this project or any other project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. 10. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 5 of 14 other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 11. GENERAL PROVISIONS. 11.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 11.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 11.3. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 11.4. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. - 11.5. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 6 of 14 11.6. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 11.7. If any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 7 of 14 CITY OF AUBURN Charles A. Booth, Mayor Date s, ^ / 9-~ff ATTEST: haz4DI tk"-4"~ Danie le E. Daskam, City Clerk APPROVED AS TO FORM: L i ~ Michael J. Reynolds, Ci Attorney Huckell Weinman Associates Inc. BY: Richard S. Weinman TITLE Vice President/Senior Principal Address: 205 Lake Street South, Suite 202 Kirkland, Washington 98033 Phone (425) 828-4463 Fax # (425) 828-3861 Federal Tax ID # 91-139-3259 Resolution 3109 - Agreement for Professional Services August 11, 1999 • Page 8 of 14 Attachment A City of Auburn Sensitive Areas Ordinance Scope of Work Project Description Huckell/Weinman Associates Inc., will prepare a sensitive areas ordinance (SAO) for the City addressing the following components: wetlands, streams, fish and wildlife habitat conservation areas, geologic hazard areas, frequently flooded areas, aquifer recharge areas and significant vegetative resources. The project will also attempt to anticipate emerging federal standards (unknown at this time) that will be adopted to protect fisheries/habitat pursuant to the Endangered Species Act (ESA). The project will incorporate public information and involvement opportunities and a SEPA document supporting City action on the SAO. The consultant will also provide staff support during the ordinance adoption process. Scope of Work The consultant's scope of work for the Auburn SAO project would consist of the tasks/steps outlined below. 1. Issue Identification/Problem Statement and Project Strategy. A key first step will be to develop a clear understanding and statement of the issues/problems the project is intended to address and of the City's objectives for the project. To accomplish this, the team would meet with City staff (and possibly with selected interest groups) to identify any specific problems with substantive sensitive areas standards and/or review procedures, and to gain a clear understanding of local environmental values and politics. This understanding will be used, as appropriate, to help inform and refine assumptions incorporated into this scope of work. Key questions initially addressed at this point include; ■ the level of protection (i.e., stringency) the City wants to achieve; ■ use of prescriptive standards or a performance-based approach; ■ the balance of flexibility and certainty; ■ identification of opportunities to address ESA issues by the SAO and ■ administration of the ordinance. Other strategic issues that will be discussed include the approach to SEPA compliance (assumed in Task 7 to be a SEPA checklist), public involvement and communication (assumed in Task 3 to include a workshop, and narrative information developed in Tasks 2 and 4), and the need for additional field work (identified in the budget as a contingent task). Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 9 of 14 It is assumed that the City intends to proceed with ordinance development in view of uncertain federal timing regarding adoption of a 4(d) rule under ESA. Product: Documentation of project objectives; confirmation of basic strategic issues; and refinement, if appropriate, of the scope of work and budget. 2. Background Research, Data Compilation ancl Issue Paper. A"background" issue paper will be prepared to summarize the existing planning and regulatory framework guiding drafting and adoption of sensitive areas ordinances. This will help communicate the context for the project and the range of options available to the City. This context includes the Growth Management Act (GMA) and other legal requirements (e.g. takings limitations); Endangered Species Act implications for local ordinances; Auburn's experience with its present SAO approach; and a broad menu of regulatory options used in other jurisdictions and/or recommended in technical literature. The consultant's existing library of adopted sensitive area ordinances will provide much of the research. Task 2 will also involve confirming/compiling existing information about the City's sensitive areas and natural resources. Sources of data would include City inventories, data in environmental documents, and any available technical/scientific studies relevant to the area. This information will provide a common understanding of existing conditions, help to identify any data gaps and help determine whether or how much additional field work is desirable. The scope of work assumes use of existing information provided by the City or readily available in published reports, plans and similar documents. The scope does not contemplate additional field work; however, the budget includes a contingent task for fieldwork if deemed by the City to be desirable. Product: A report/issue paper providing background information on the framework fo.r sensitive area planning and regulation, a summary/compilation of existing data, and a menu of SAO options. 3. Public Involvement/Communication, The scope of work includes preparation of a newsletter or insert for the local community newspaper, a press release and conduct of a public workshop. These would be designed to help communicate the City's objectives and the steps in the SAO project, as well as to educate the public about the functions of sensitive areas and options for sensitive area regulation/incentives. The issue papers prepared in Tasks 2 and 4 can also be used for these purposes. Task 1 will discuss and confirm the project's approach to public involvement and communication and the timing of planned events. Product: A public workshop and printed material (issue papers and newsletter insert) to help inform and educate about the SAO project and regulatory/incentive approaches. Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 10 Of 14 4. Alternatives. The consultant will prepare a narrative description of alternative approaches to regulation (procedural and substantive). This task is intended to describe and narrow an initial range of options for further discussion and consideration. The alternatives can then be communicated to the public and local elected officials to get a sense of desired direction and community preferences. The alternatives would include a menu of non-regulatory incentives as well as typical regulatory standards. Product: An issue paper describing different approaches (regulatory and non-regulatory) for addressing sensitive areas. • 5. Ordinance Drafting. The consultant will perform all ordinance drafting; project subconsultants (Pentec Environmental and Associated Earth Sciences) will provide technical/scientific advice and input for specific issues or elements of the ordinance. The ordinance will be written as clearly and non-technically as possible, given the legal context in which it will be interpreted and applied. To make the drafting process as efficient and cost effective as possible, the scope of work assumes that actual writing of the ordinance would not commence until direction regarding ordinance structure and substance is clear; reaction to the public workshop and issue papers would help provide this direction. The budget assumes two rounds of comment and revision of a draft ordinance: one following initial review by City staff, prior to release to the public; and a second in response to review/public hearings by the Planning Commission. Our scope assumes that City staff will make final changes in response to City Council deliberations and legislative action. Product: A camera-ready draft sensitive areas ordinance. 6. Public Hearings/Review. The team would provide support during the public review and hearing process. This may include presentations and or response to questions. (Note: The project budget identifies the level of support as measured in hours.) _ 7. SEPA Compliance. The consultant will prepare a SEPA document to support City action on the proposed SAO. This scope of work assumes that a checklist or expanded checklist (leading to a DNS or Mitigated DNS) will be the appropriate SEPA document. Product: An environmental document addressing the City's proposed SAO. Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 11 of 14 Estimated Budget Tasks HWA Hours Cost Pentec • Hours Cost AESI Hours Cost Total 1. Issue ID & Strategy 8 1,000. 8 1,000. 8 1,000. 3,000. 2. Background Research 40 4,800. 24 2,400. 8 1,000. 8,200. 3. Public Involvement 8 1,000. 8 1,000. 8 1,000. 3,000. 4. Alternatives 30 3,600. 24 2,400. 8 1,000. 7,000. 5. Ordinance Drafting/Input 60 7,200. 24 2,400. 8 1,000. 10,600. 6. Public Hearing Support 16 1,920. 8 1,000. 8 1,000. 3,920. 7. SEPA Compliance 40 4,000. 10 1,000. 10 1,000. 6,000. Subtotal 162 23,520. 92 11,200. 40 7,000. 41,720. Project MgmdCoordination 40 4,800. 4,800. Misc Expenses 500. 100. 100. 700. Consultant Mgmt. Cost 2,000. 2,000. Total Estimated Cost 202 $30,820 92 $11,300 40 $7,100. $49,220. Field Work Contingency * 30 $3, 000, 20 $2, 000. $5, 000. Notes to budget: Task 2. Assumes that the City will print and distribute the issue paper. Task 3. Assumes that the City will be responsible for any notices, printing and/or mailings, and will coordinate securing a location for any public meeting. Task 4. Assumes that the City will print and distribute the issue paper. . Task 6. The hours allocated to this task are intended to express the level of effort required by the scope of work. Task 7. Assumes issuance of a DNS or Mitigated and preparation of a checklist or expanded checklist appropriate for a programmatic action. The budget is intended to express the level of effort allocated to this task. Assumes preparation of a preliminary document for City review. A camera-ready document would be delivered to the City for printing and distribution. * The Field Work Contingency is intended to allow the City the opportunity to authorize field work for priority sensitive areas. No field work would be conducted without explicit authorization and direction from the City. Resolution 3109 - Agreement foc Professional Services August 11, 1999 Page 12 of 14 Attachment B Project Schedule The scope of work assumes a six month project schedule with an start date of September, 1999 and completion in March, 2000; dates are approximate. Major project milestones are shown below. (Note that the schedule could be refined based on the outcome of Scope of Work Task 1.) Tas1c/Product Start End Date 1999 1. Project initiation, strategy, scope refinement Sept.l Sept. 15 2. Background research Sept. 15 Oct. 15 3a. Public involvement/communication Oct. 15 Oct. 21 4. Alternatives Oct.21 Nov.21 3b. Public involvemendcommunication Nov. 28 5. Ordinance drafting Dec. 1 Jan. 1 2000 6. Staff support for public hearings Jan. 15 Feb. 15 7. SEPA compliance Feb. 1 Feb. 15 Resolution 3109 - Agreement for Professional Services August 11, 1999 Page13of14 . ATTACHMENT C HUCKELL/WEINMAN ASSOCIATES, INC. 1999 Sehedule of Charges Effective January 1, 1999 - December 31, 1999 Flourly Rates Duane Huckell/Senior Principal $ 145.00 Richard Weinman/Senior Principal $ 145.00 Michael Blumen/Principal $ 135.00 Helene Kornblatt/Principal $ 134.00 Ben Frerichs/Principal $ 109.00 Terry McCann/Senior Planner $ 109.00 Chris Lawson/Senior Planner $ 108.00 Gretchen Brunner/Senior Planner . $ 98.00 Deborah Munkberg/Senior Planner 98.00 Mark Stewart/Senior Planner . $ 98.00 Rich Schipanski/Associate Planner . $ 93.00 Michele Sarlitto/Project Planner $ 82.00 Katie McKinstry/Staff Economist $ 67.00 Jill Moe/Staff Planner $ 67.00 Nancy Chmelar/Staff Planner 67.00 Vicki Strand/Office Administrator $ 52.00 Jennifer Swanson/Accountant 52.00 Marilee Cipra/Administrative Assistant $ 47.00 Preparation for and attendance at contested hearings All Staff $ 185.00 Other Rates Auto mileage - per mile $0.31 In-house photo copies - per page ...............................................................................0.15 Handling charge on subcontractors & expense ..........................................................12% Resolution 3109 - Agreement for Professional Services August 11, 1999 Page 14 of 14