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HomeMy WebLinkAbout3471RESOLUTION NO. 3 4 7 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN AND ADOLFSON ASSOCIATES, INC. FOR THE PURPOSE OF CONDUCTING AN UPDATED WETLAND AND STREAM INVENTORY AND PREPARING RELATED MAPS. WHEREAS, the State of Washington Department of Community, Trade and Economic Development (DCTED) appropriated funds to assist local jurisdictions in the review and update of their GMA planning documents and implementing development regulations; and, WHEREAS, on January 22, 2002 the Auburn City Council of the City of Auburn approved Ordinance No. 5626 approving the expenditure and appropriation of a total amount of thirty five thousand dollars ($35,000.00) in grant funds from the State of Washington DCTED for the purposes of assisting in implementing the City's GMA update effort; and. WHEREAS, Ordinance No. 5626 authorized the Mayor and City Clerk to execute an Intergovernmental Agreement with the State of Washington DCTED for the reimbursement of said funds and that intergovernmental agreement has since been fully executed; and, Resolution No. 3471 May 21, 2002 Page 1 WHEREAS, the City of Auburn desires to update certain sensitive areas maps (wetlands and streams); and, WHEREAS, updating certain sensitive areas maps will, among other items, facilitate the identification and protection of said sensitive areas and help support the development review process; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES as Follows: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services with Adolfson Associates, Inc. to conduct an inventory of and update certain sensitive areas maps (wetlands and streams). A copy of said Agreement is attached hereto, designated as Attachment "A" and incorporated by reference in this resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3471 May 21, 2002 Page 2 Section 3. This resolution shall be in full force and affect upon passage hereon. ~ ~ DATED and SIGNED this ,~ay of June, 2002. CITY OF AUBURN ._---~" 4 ~ ~ PETER B. LEWIS MAYOR ATTEST: :~ , ~ ~.~~~~ '~L.__._ D ielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3471 May 21, 2002 Page 3 -~-~ ~ ----...-~ ATTACHMENT "A" 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 Adolfson Associates, Inc., whose address is 5309 Shilshole Avenue NW, Suite 200, Seattle, WA 98107, 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 shall provide the services described in Exhibit "A", attached and by this reference made part of this Agreement. These Exhibit "A" Services are referred to herein as the Scope of Work. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2002. The established completion time shall not be extended because of any unwarranted delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The CONSULTANT shall be paid by the CITY far services rendered under this agreement as provided hereinafter. Such payment shall be full compensation for work performed Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 1 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 the work was performed and the compensation shall be figured using the rates in Exhibit "B", Schedule of Charges. Payment shall be on a percentage of completion basis, based on invoices submitted at appropriate times during project progress. The amounts under each task may vary; however, the total amount of the contract shall not exceed thirty-five thousand dollars ($35,000.00). 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 or work shall be authorized in writing under the Management Reserve Fund as detailed in Section 4. 4. MANAGEMENT RESERVE FUND. The CITY may establish a Management Reserve Fund to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to the CONSLTLTANT expending any effort on such services, and shall not exceed $30,000. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the Management Reserve Fund shall be negotiated and approved by the CITY prior to any effort being expended on such services. 5. 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 Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 2 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 standards 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 Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. 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. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. --------------------------------- Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 3 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. 8. 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 CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSIJLTANT 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 TWO MILLION DOLLARS ($2,000,000) 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 CONSIJLTANT'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 --------------------------------- Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 4 (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. 9. NONDISCRIMINATION. 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. 10. 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 CONSiJLTANT 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 Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 5 request, the originals of all drawings, documents, and items specified in this Section and infortnation compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 6 12. 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 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. 13. GENERAL PROVISIONS. 13.1. 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. 13.2. 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. 13.3. 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. 13.4. This Agreement represents the entire and integrated Agreement between the CITY and the CONSiJLTANT 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. --------------------------------- Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 7 13.5. 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. 13.6. The CONSiJLTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.7. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page S CITY O Peter B. Lewis, ] Date ~ ATTEST: r; ~ ~ ~,~~ : ~-z~(.~ `, Danielle E. Daskam, City Clerk APPR A TO FORM: D ni ei Ci Attorney Adolfson Associates, Inc. BY: olly Ad lfson Title: President Address: 5309 Shilshole Avenue NW, Suite 200 Address: Seattle, Washington 98107 Phone: ~206) 789-9658 Fax #: (206) 789-9684 Federal Tax ID #91-1440420 File: REF. H:~FORMS~FE054 (R 1/02) Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 9 EXHIBIT A CITY OF AUBURN Wetlands and Stream Inventory & Mapping Project Scope of Work and Budget The purpose of this study is to verify locations and classifications of wetlands and streams within the City limits and to prepare an inventory of these features and provide two related maps in digital GIS format for the City. This study does not include a review of Shorelines of the State or any other critical area resources defined by the City. This scope of work and budget are dependent upon full completion of this project by December 31, 2002. Further, Adolfson Associates Inc., has based its ability to complete this work on the premise that the City will authorize Adolfson to begin work in June 2002 and that the City will provide all pertinent information to us necessary for completion of the tasks below by July 1, 2002. Task 1 - Project Management/Administration Adolfson Associates, Inc. ("Adolfson") will manage the inventory project to provide timely services and accurate invoices, including progress reports. In addition, Adolfson staff will attend up to two formal meetings on behalf of the project. Deliverables: - Project Schedule - Progress reports with invoices Task 2 - Data Collection Adolfson Associates Inc., will review materials provided in a summarized format by the City. This will include information from past development projects where wetlands or streams are involved, wetland inventory information and data sheets, stream inventory information, and appropriate maps or aerial photographs. Adolfson Associates, Inc. assumes that the City will provide all references listed above for our use in this project, including digital copies of recent aerial photographs for the City to be used as base maps. Adolfson has not scoped the costs for purchasing aerial photographs or other reference materials on behalf of the project. This task assumes that the City will supply all materials to Adolfson in electronic format or hard copy for our review and use. Deliverables: - None Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 10 Task 3- Wetland Field Inventory Adolfson will conduct field investigations within the City limits of Auburn to verify wetland conditions. Field investigations will focus on wetlands identified on the previous wetland inventory for the City and provide data on existing vegetation, hydrology, soils and habitat types present in the wetlands. Pierce County data will be provided by the City if available. This scope of work assumes that all rights of access to private properties will be provided by the City of Auburn. Adolfson will inform the City of areas where rights of access are particularly needed. For areas without rights of access, Adolfson staff will provide as much information as possible based upon visual observations from public right-of-ways. Data collected will also include wildlife use and presence, habitat types, hydrologic connectivity, habitat features and other information necessary to determine wetland categories. Field data will be provided to the City on field data sheets for each wetland verified in field. Deliverables: - Prototype wetland field data sheet - Digital photographs of each wetland surveyed on CD - Technical information will be provided for each wetland in a tabular format Task 4- Stream Field Inventory Adolfson proposes to identify streams and ditches within the City limits. An inventory of State Shoreline environments in the City will not be included in this inventory. Data collected during this field inventory will include general stream descriptions (.e, width, depth of flow, stream substrate), nature of flow (i.e. perennial, intermittent), presence of anadromous fish (if possible), and classifications of streams. This scope of work assumes that all rights of access to private properties will be provided by the City of Auburn. Adolfson will inform the City of areas where rights of access are particularly needed. For areas without rights of access, Adolfson staff will provide as much information as possible based upon visual observations from public right-of-ways. Stream data will be provided on data sheets for each stream verified in the field. Adolfson will estimate stream classes for each stream and provide this information to the City in a tabular form. Deliverables: - Prototype stream field data sheet - Digital photographs of each stream surveyed on CD - Technical information will be provided for each stream in a tabular format Task 5- Draft Wetland & Stream Report --------------------------------- Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 11 Adolfson will prepare two GIS-based inventory maps, one that identifies wetlands and one that identifies stream resources. We assume that the GIS maps we prepare will be based upon aerial photographs that are geo-referenced and provided by the City. We assume that the City will provide all appropriate base maps for use in this inventory. At minimum, the GIS maps prepared by Adolfson will depict approximate location and size of wetlands, location of streams, give the category of the resource, and identify non- jurisdictional areas such as ditches and man-made wetlands. Adolfson will also summarize the field data into a brief technical report that support the field efforts. This report will describe goals of the study, methods, findings and opportunities for restoration, other habitat improvements, a recommended process for future updating of the inventory. Data for wetlands and streams will be presented in tabular form within the report for easy use Deliverables: - 4 copies of the draft report will be provided. - 4 copies each of the two GIS maps at an 11 by 17-inch format will be provided by Adolfson and digital copies of GIS maps to be printed by the City. Task 6- Final Wetland & Stream Report Adolfson will revise the GIS maps and Draft Wetland & Stream report according to comments from the City of Auburn and provide four final copies of the report and four copies each of the GIS maps at an 11 by 17-inch format. A CD copy of the report and GIS maps in electronic version (i.e., Word, Excel, Arc View) will also be provided to the City for future use and printing. Deliverables: - 4 bound copies and one unbound copy of the final report will be provided. - One electronic copy of the report in Word with tables in Excel. - 4 copies each of the two GIS maps at an 11 by 17-inch format will be - provided by Adolfson and CD copy in Arc View --------------------------------- Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 12 Exhibit "B" Schedule of Charges Adolfson Associates, I nc. Effective: May 20, 2002 - December 31, 2002 Hourly rates Title Hourly Rate Principal ........................................................ $147.00 Program Manager ........................................... $ 106.00 Senior Scientist .............................................. $ 95.00 Project Scientist .............................................. $ 66.00 Staff Scientist .................................................. $ 53.00 GIS/Graphics .................................................. $ 79.00 Administrative Support ................................... ... $ 58.00 Clerical .......................................................... $ 52.00 The above-listed hourly rates are confirmed through December 31,2002. Should the City decide to extend this contract or increase the scope causing additional work to occur in 2003, the above hourly rates may change proportionately with direct labor cost changes effective January 1, 2003. Other Rates/Expenses Direct out of pocket non-salary expenses for documentation reproduction, postage, etc. will be reimbursed to Adolfson Associates, Inc. at Adolfson Associates, Inc.'s actual cost. Auto mileage for necessary travel will be reimbursed at the rate of $0.365/mile or the current approved IRS rate. For the services performed, Adolfson Associates, Inc. will be paid as charges accrue. The hourly rates will include direct labor costs, overhead costs, and all indirect costs of Adolfson Associates, Inc. such as office equipment, computer use, local telephone etc. Billings for direct non-salary expenses, directly identifiable with the project scope of work, shall be itemized with a listing of expenses supported by copies of the original bills retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the CITY upon request. Resolution No. 3471 Agreement for Professional Services May 29, 2002 Page 13